Hopkins Barvie and Hopkins, P.L.L.C.

Monday, September 15, 2014

Construction and Industrial Accidents

There are many constructions sites along the Gulf Coast, which we are thankful for as they bring employment and economic growth for our community. In this month’s blog we want to discuss workers injuries, illnesses and fatalities on construction sites.

First we wanted to share several statistics from 2012 with you:

BLS (Bureau of Labor Services) reported 4,628 workers were killed on the job.
OSHA reported that was an average of 89 a week or more than 12 deaths every day.
OSHA stated that of these deaths in 2012, 19.3% were in construction.

The leading cause of workers deaths in construction were from falls, being struck by an object, electrocution and caught in/between. If these types of accidents were eliminated we would have saved 437 workers lives (OSHA).

We find these figures alarming as we all have a right to a safe workplace that neither jeopardizes our health or safety. The Occupational Safety and Health Act of 1970 is a law that requires employers to provide working conditions that are free of known dangers to their employees.

Many construction accidents are the result of unsafe working conditions which are often due to negligence, forgoing standard safety procedures, violating OSHA regulations, not providing appropriate safety training or equipment, using substandard materials and cutting corners. These misconducts or negligence acts can results in workplace accidents. The risk of serious injury or death is higher when the neglect or misconduct of employers and others is involved. These incidents can result in mental stress, long term pain, disability, suffering, an inability to work, loss of wages, as well as the accrual of medical costs.

If you have been injured in a construction accident it is essential that you get prompt medical attention. If you were injured on the job then you should be entitled to workers’ compensation benefits.

If you or a loved one has been injured in a construction accident it is important that you understand your rights to any benefits and compensation owed to you under the law. Contact our lawyers at Hopkins, Barvié & Hopkins, P.L.L.C. who have extensive experience in matters of construction workplace liability and focus on representing individuals and their family members to get compensation. 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.

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.

Tuesday, August 12, 2014

Distracted Driving

Did you know that text messaging while driving makes a crash up to 23 times more likely? That is what the National Highway Transportation Safety Administration has reported. It is the number one driving distraction reported by teen drivers.

Yet each year thousands of people die due to texting while driving. Many drivers assume they can handle texting while driving and remain safe. As they say numbers do not lie and the following are some we would like to share with you:

1. 1,6000,000 accidents per year - National Safety Council

2. 330,000 injuries per year - Harvard Center for Risk Analysis Study

3. 11 teen deaths EVERY DAY - Insurance Institute for Highway Safety Fatality Facts

4. The same as driving after 4 beers - National Highway Transportation Safety Administration

5. The same as driving blind for 5 (five) seconds at a time - VA. Technical Transportation Institute

6. Slows your brake reaction speed by 18% - HumanFactors & Ergonomics Society

There is no such thing as safe driving and texting. Texting requires visual, manual and cognitive attention from the driver and is the most alarming distraction.

Keep in mind that Distracted Driving is any activity that could divert the vehicle driver’s attention away from driving. Distractions endanger the driver, passenger(s) and bystander(s) safety.

We urge you to educate yourself on the dangers of distracted driving. To practice safe driving habits, to drive phone-free and to speak out if the driver in your vehicle is distracted. The life you save could be yours.

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.

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.

Wednesday, July 16, 2014

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.

Los Abogados Hablan Espanol

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Tuesday, June 10, 2014

Large Truck Accident

In 2014, the National Highway Traffic Safety Administration (NHTSA) released its 2012 Annual Report that includes data regarding the number of people injured or killed in accidents involving large trucks. NHTSA defines large trucks also called semi-trucks, 18-wheelers, or tractor trailers as vehicles with a gross weight of more than 10,000 pounds.

In 2012 according to this report there were 3,921 people killed and 104,000 people injured in crashes involving large trucks and 317,000 large trucks were involved in traffic crashes that year. Large trucks were more likely to be involved in a fatal multiple-vehicle crash as opposed to a fatal single-vehicle crash than were passenger vehicles.

There are federal laws and regulations governing the trucking industry. These laws establish certain standards that trucking companies, owners and drivers must meet. Agencies that regulate truck driving include the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA). Every state has a department of transportation with its own set of trucking regulations.

If you are the victim of a trucking accident, many times the questions of who is responsible and what actually caused the accident are more complicated than the accident. It is important to understand how the accident happened, who was responsible and to establish liability or fault. Because the trucking laws, rules and regulations differ from the rules of the road governing cars it important to know if any of the parties involved in a trucking accident were not in compliance with the trucking laws, rules and regulations.

When it comes to truck accidents, there are a variety of people that may be responsible for a victim's injuries, including:

· truck's driver;

· owner of the truck or trailer;

· person or company that leased the truck or trailer from the owner;

· manufacturer of the vehicle, tires, or other parts that may have contributed to the cause or severity of the accident; and

· shipper or loader of the truck's cargo (in cases involving improper loading).

If you or a loved one has been in a large truck accident call the experienced trucking lawyers at Hopkins, Barvié & Hopkins, P.L.L.C. we know how to preserve all the important pieces of evidence for you. We know how to secure the scene of an accident and take necessary photographs and statements, which is very critical so they are not lost, misplaced or purposely destroyed.

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 truck 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.

Los Abogados Hablan Espanol

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

Thursday, May 15, 2014

MAY IS MOTORCYCLE SAFETY 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.

Monday, April 14, 2014

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 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.

Wednesday, March 5, 2014

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.

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