May is Motorcycle Awareness Month

We wanted to share with you some information from the National Highway Traffic Safety Administration (NHTSA) as May is Motorcycle Safety Awareness Month. Motorcyclist fatalities increased in 2012 to 4,957, accounting for 15 percent of total fatali­ties for the year. This increase in motorcycle fatalities continues a tragic trend over the last 15 years, which only saw a one-year decline in 2009. Crash-related motorcycle injuries also increased from 81,000 in 2011 to 93,000 in 2012. Safe riding practices and cooperation from all road users will help reduce the number of fatalities and injuries on our nation’s highways.

FACTS ABOUT HELMET USE

·       Use of DOT-compliant motorcycle helmets decreased to 60 percent in 2012, down from 66 percent in 2011, based on the National Occupant Protection Use Survey (NOPUS). The decrease was most significant among motorcycle passengers, decreasing from 64 percent in 2011 to 46 percent in 2012.

·        Helmet use continued to be significantly higher in States that required all motorcyclists to be helmeted. Ten times as many unhelmeted riders died in States without a universal helmet law (1,858 unhelmeted fatalities) as compared to States with such laws (178 unhelmeted fatalities).

·        In 2011, 60 percent of fatally injured motorcycle riders and 49 percent of fatally injured motorcycle passengers were not wearing helmets at the time of the crash.

FACTS ABOUT MOTORCYCLES AND ALCOHOL

• In 2011, the percentage of motorcycle operators who were intoxicated in fatal crashes (27%) was greater than the percentage of intoxicated drivers of passenger cars (23%) and light trucks (22%) in fatal crashes.

·        In 2011, 30 percent of all fatally injured motorcycle riders had BAC levels of .08 or higher.

·        Motorcycle riders killed in traffic crashes at night were 3.4 times more likely to have BAC levels of .08 g/dL or higher than those killed during the day (47% and 14%, respectively).

·        Forty-two percent of the 1,997 motorcycle riders who died in single-vehicle crashes in 2011 had BAC levels of .08 g/dl or higher. Sixty-seven percent of those killed in single-vehicle crashes on weekend nights had BACs of .08 g/dl or higher.

TIPS FOR MOTORCYCLISTS

·       Obey all traffic laws and be properly licensed. In 2011, more than one-fifth of motorcycle riders (22%) involved in fatal crashes were riding with invalid licenses at the time of the collision.

·       Wear a DOT-compliant helmet and use reflective tape and gear to be more visible. NHTSA estimates helmets saved the lives of 1,617 motorcyclists in 2011.

• Never ride while impaired or distracted—it is not worth the risk of killing or injuring yourself or someone else. Plus, a DUI costs $10,000 on average, and can lead to jail time, loss of your driver’s license, and higher insurance rates.

To learn more about the representation we offer Mississippi clients who have been injured in an auto accident, a dangerous product or through a slip and fall, contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

At Hopkins, Barvié & Hopkins, P.L.L.C., we defend your interests and protect your legal rights. With more than 66 years of combined legal experience, our attorneys offer our clients the representation they need. To best meet the needs of our diverse client base, we speak Spanish. Los Abogados Hablan Espanol.

Or, email us, like us on Facebook or follow us on LinkedIn. Just click below.
        
 

What to do After a Car Accident

In Mississippi you are not required to report an auto accident to the Department of Public Safety as long as all the parties involved in the accident agree about the circumstances of the accident and the responsibilities for repairs. However, it is always a good idea to call 911 and report the accident.

If you and the other driver make a verbal agreement to let the insurance company handle things and not report the auto accident to law enforcement ask yourself these questions? Is their auto insurance up to date? Do they have auto insurance? Do they have any expired driver’s license? Do they need medical attention? Remember it never hurts to call the local law enforcement and report what happened. USA Today reported that as many as one in seven drivers have no car insurance and in Mississippi 28% of drivers are uninsured. Many drivers are skirting the system by carrying an expired or fake insurance card.

NEVER leave the accident scene as you could face criminal charges. Regardless of whether a wreck looks serious, you always have to stop, check on the other person involved and exchange insurance information. In Mississippi you must report it to the law enforcement if someone has been injured or there has been a death or the accident resulted in $500 or more in damages to the vehicles or property. If someone is injured call an ambulance as soon as possible.

If you have called the police once you have filed an accident report ask for a copy of it. If you do not get a police report documenting your accident, what proof do you have that it happened? And you insurance company will want a copy of it for your claim.

When dealing with the other driver you should always ask them as soon as possible, “Are you all right?”

Do not yell, do not lay blame on anyone and always be polite. Never admit liability or in any way say it is your fault. If you do, you are legally admitting liability, which could expose you to a law suit.

Take some deep breaths and stay as calm as possible as you need to assess the situation and document it. Be sure to collect the names, addresses and phone numbers of any witnesses or others involved in the accident. If possible, take photographs to document skid marks, vehicle damage, road obstructions and injuries. Document what you were you doing just before the crash? Where were you going and what street were you on? When did you see the other driver enter into the picture? You'll need to have a consistent and accurate account of the accident to give to the law enforcement and your insurance provider.

Make sure that you get the other driver's name, address, and insurance company name and policy number. Then make notes of the make, model and color of vehicle they were driving and their license plate number. If there were any witnesses get their names and phone numbers too.

If there were severe injuries or a death has resulted from the accident you should contact a lawyer as soon as possible. All too often valuable evidence disappears, witnesses move, memories grow dim and the ability to prove your case may diminish.

An experienced Personal Injury attorney can provide you guidance if you are being treated by a physician, guidance with your our medical care and help you deal with unpaid bills. Legal advice can also be useful if you have questions about the settlement value of a claim, your insurance policy's terms, or suspect bad faith on the part of your insurance company. It is a good idea to consult with a personal injury attorney before providing any other information to the insurance company.

Hopkins, Barvié & Hopkins, P.L.L.C., focuses on representing individuals and their family members in personal injury and wrongful death cases, such as those often involved in auto accidents. Contact us and we will evaluate your case at no cost or obligation. With more than 66 years of combined legal experience, our attorneys offer clients throughout Mississippi the representation they need.

Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

Or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

                                                    

Did Your Insurance Company Deny Your Claim?

You made an insurance claim after your auto accident and then you received a letter stating that your claim was denied. Every situation is different but we have listed some common reason that insurers give for denying claims below:

The accident was avoidable

If you could have avoided the accident, or if you did something that led to or caused it, then you may have your insurance claim denied.

Policy Exclusions

Certain types of injuries are excluded from insurance polies and are often listed in fine print. There are cases where denials of coverage are based on a technicality that is briefly described in the policy.

There was no complaint or treatment at the time of the injury

If you claim that you got injured as a direct result of the car accident, it is imperative that you go and get treatment right away. Otherwise, the insurer may argue that the injuries did not happen as a result of the accident or that the injuries are not related to the accident. If you have proof that you went to the hospital immediately after the accident and your injuries were diagnosed then, you will have a much stronger case than if you wait. If you delay, this may make the insurer believe that the injuries are made up or exaggerated to try to get a payout. Most people who are genuinely hurt do get medical care immediately.

Limited of No Medical Records

If you do not have medical records that indicate you actually suffered an injury, then your claim is very likely to be denied since you cannot prove you will be entitled to any damages. With incomplete records they may also be denied.

Pre-existing condition

If you have a pre-existing condition, the insurance company may claim that the injury did not occur on the date of the alleged accident, but is attributable to some preexisting injury or health problem.

Options after Injury Coverage Denial

If you received a notice of denial, you need to talk to your insurance company as soon as possible to find out what went wrong with your claim and what you need to do to fix it. An insurance company owes the insured a duty to act in good faith. They may breach this duty by failing to investigate a claim, failing to negotiate a settlement or unwarranted denial of injury claims.

If you have to file an insurance claim for any reason, chances are you already have suffered enough. We work to help you make sure you do not suffer again at the hands of your insurance company.  Call Hopkins, Barvié & Hopkins, P.L.L.C. if you have been denied a legitimate insurance claim we will evaluate your claim at no cost or obligation. With more than 66 years of combined legal experience, our attorneys offer clients throughout Mississippi the representation they need.

Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

Los Abogados Hablan Espanol

Or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

April is National Distracted Driving Month

We have all read or heard the recent stories regarding distracted drivers. A couple examples are:

In 2017, State Farm Found that 82% of those surveyed considered talking on a hand-held cell phone while driving to be distracting, yet half reported doing just that.  They also found that 35% owned up to texting while operating a vehicle.  Nine Americans die per day in crashes that involve the driver;s attention being diverted.  

In 2015, Michigan saw more than 7,000 motor vehicle crashes involving distracted drivers. More than 3,400 people were injured -- and 26 were killed. Those numbers are up from 2014, in which 14 people were killed and 2,429 others were injured.

Keep in mind that ANY activity that can divert your attention away from the task of driving is considered distracted driving. This includes but is not limited to anything that involves using your cell phone; Eating or drinking; Engaging with passengers, children or pets; Applying make-up or shaving; or reading a map. If you need to do any of these pull your vehicle over and handle them safely.

If you are one of the 82 percent of American drivers that believe hands free devices are safer than using a handheld phone the National Safety Council (NSC) states that is not the case. More than 30 studies have shown hands free devices are no safer because the brain remains distracted by conversation. The NSC stated that when talking on a cell phone, drivers can miss seeing up to half of what’s around them, such as stop signs, traffic lights and pedestrians.

So put down your cell phone, do not text and drive, stop eating that sandwich when driving and keep your hands on the steering wheel and eyes on the road. Take the pledge to drive cell free.

We urge you to educate yourself on the dangers of distracted driving. To practice safe driving habits and to speak out if the driver in your vehicle is distracted. And remember that Mississippi House Bill 389 becomes effective July 1, 2015 which prohibits drivers from typing, sending or reading text messages, emails or social media messages.

If you or a loved one has been a victim of a distracted driver you should contact an experienced personal injury attorney at Hopkins, Barvié & Hopkins, P.L.L.C and we will evaluate your case at no cost or obligation. Contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

At Hopkins, Barvié & Hopkins, P.L.L.C., we defend your interests and protect your legal rights. With more than 67 years of combined legal experience, our attorneys offer our clients throughout Mississippi the representation they need.

To best meet the needs of our diverse client base, we speak Spanish. Los Abogados Hablan Espanol.

Or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

                                                          

Spring Safety Tips

Spring is finally here and we are getting out more and doing things. Many of us will be busy with yard and house work this spring and we wanted to give you a few safety tips. Let us know if they helped you. 

• Replace your Smoke Alarm and CO batteries as these alarms can save lives. The Consumer Product Safety Commission (CPSC) estimates that 2,400 people die each year because of unintentional home fire.

• Most hard surface cleaning can be done with mild products such as vinegar, lemons or baking soda. Never mix ammonia and bleach as it releases toxic gases. Keep all cleaning products out of the reach of small children and pets. You should always wash your hands before using cleaning products. Read the labels to make sure you are using the product for their intended purpose.
• Call the national Poison Help Line at 800.222.1222 if you have a poison emergency.

• Most people have coin or button sized batteries in their homes as they are used for remote controls, toys, games and other electronic products. These small batteries can cause life threatening chemical burns inside the body in as little as two hours. If a child has ingested one take them immediately to a hospital. Remember that even completely dead batteries have enough residual power left in them to cause serious injuries.

• If you own a trampoline remember to Zip, Cover and Scoot it. Zip up the surrounding enclosure; Cover the springs, hooks and frame in shock absorbing pads and Scoot the trampoline away from structures and trees.
• When working in your yard follow the directions that come with the equipment and other products you use. Do not be in a hurry and stretch your muscles before you do your yard work. When you use your garden hose roll it up and store it properly.
• When grilling do not leave it unattended as children and pets move fast. Keep your grill a safe distance from your home or any building. Do not use gasoline or kerosene to light a charcoal fire as they both can cause an explosion. Your mitts should be insulated and flame retardant and your sleeves rolled up.

To learn more about the representation we offer Mississippi clients who have been injured in an auto accident, a dangerous product or through a slip and fall, contact us online or call 228-864-2200 to schedule your free initial consultation with an experienced lawyer.

At Hopkins, Barvié & Hopkins, P.L.L.C., we defend your interests and protect your legal rights. With more than 66 years of combined legal experience, our attorneys offer our clients the representation they need. 

To best meet the needs of our diverse client base, we speak Spanish. Los Abogados Hablan Espanol.

Or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

          

Boating Safety Tips

We hope you are all enjoying your spring and the many amenities the Gulf Coast has to offer. It is a great time to enjoy fishing and boating activities. Remember to follow your boating safety and wear your life jackets. Sadly, each year many people are injured and lives are lost because of preventable boating accidents.

This month’s blog we thought we would share with you a few safety tips regarding boating. For additional information you can go on line to the Boating Safety Resource Center at www.uscgboating.org/resources or other boating safety internet sites.

The following are a few safety tips:

·         Wear your life jacket.

·         Always check the weather before you go boating. Pay attention to the weather reports as unexpected weather can and does happen.

·         If you are an inexperienced boat operator take along someone with experience until you feel more comfortable handling a variety of boating situations.

·         Do not operate a boat and drink alcohol. It will slow down your reflexes and more importantly a BUI (Boating Under the Influence) is against the law.

·         Make sure you protect yourself and your passengers.

·         We recommend that you take a course in boating safety, which is also offered online.

If an accident would occur it is the responsibility of the boat operator to file a report to the state agency that covers boating, the US Coast Guard or both, depending on the situation. Remember not filing a report is a crime. In Mississippi if the accident occurs north of Interstate Highway 10 (I-10) you would file with MS Department of Wildlife, Fisheries & Parks. If the accident occurs south of Interstate Highway 10 (I-10) you would file with MS Department of Marine Resources.

As personal injury attorneys, Hopkins, Barvié & Hopkins, P.L.L.C.  can advise you on how to determine compensation for damages or losses. We strongly urge you to avoid making statements or signing anything related to an accident until after consulting with us. This helps to protect your legal rights.

If you or a loved one has been injured in a boating accident, call Hopkins, Barvié & Hopkins, P.L.L.C. today for your free case evaluation with a top personal injury attorney in your area.  Contact us online or call 228-864-2200 or, email us, like us on Facebook or follow us on LinkedIn. Just click below.

   

When You Have Been Injured On The Job, Call Us First!

Worker’s compensation exists in all states to protect workers who become hurt on the job or contact an illness as a result of their job. It is a state mandated insurance program and each state has their own laws and programs for it. A worker is covered and eligible for benefits as soon as they begin employment. Occupational illness and diseases are covered if job related as are work related deaths.

You have the right to compensation for lost wages and medical expenses regardless of who was at fault be it employer, employee, coworker, customer or third party. If the injury results in death the payment of benefits is to the surviving spouse and dependents and may continue for up to 450 weeks after the decedent’s death. The employer or its insurance carrier is obligated to pay up to $2,000 in funeral expenses and an immediate lump sum of $250 to the surviving spouse.

If you have been injured you should seek medical treatment as soon as possible. There is no deductible to be paid by the worker for any of the benefits received under workers compensation.

You should notify and report your injury as soon as possible to your employer or supervisor. It does not matter how insignificant you believe your injury to be - always report it. You should also provide a list of witnesses if the injury was due to a specific workplace accident. It should include the date, time, how the injury occurred and where the injury happened. Remember to keep copies of all documents for your records.

In some cases your workplace injuries can be moderate to severe and your doctor and you believe your health will not return to the condition it was prior to your injury, you may be entitled to a “permanent partial disability” award.

You are entitled to obtain an attorney regardless of the circumstances of your worker’s compensation claim. If you believe you are not receiving full compensation let us help you. Or if you would like to dispute an adverse decision made by your employer, your employer’s insurance company, or your state's workers' compensation division regarding your workers’ compensation claim give us a call.

If you suffered a workplace injury or contacted an illness on the job, contact a worker’s compensation attorney at Hopkins, Barvié & Hopkins, who can help you make sure you receive the benefits you need and will represent your interests.

Call us for a free initial consultation at 228.864.2200 or email us online via our website at www.hopkins-law.com. With more than 68 years of combined legal experience, our attorneys offer clients throughout Mississippi the representation they need.

To best meet the needs of our diverse client base, we speak Spanish. Los Abogados Hablan Espanol.

Or, email us, like us on Facebook or follow us on LinkedIn. Just click below.