Perry Griffin PCPerry Griffin PC2024-02-20T07:14:57Zhttps://www.perrygriffin.com/feed/atom/WordPress/wp-content/uploads/sites/1603139/2021/12/cropped-site-icon-32x32.jpgOn Behalf of Perry Griffin, PC Attorneys At Lawhttps://www.perrygriffin.com/?p=477632024-02-20T07:14:57Z2024-02-20T07:14:57Ztruck accident personal injury claim. Your case might seem easy to build, but the truth is that these cases often end up being more complicated than you think. And success can be jeopardized if you make certain mistakes. That’s why in this post we want to look at some of the more commonly made mistakes in truck accident cases. That way you’ll know what you need to avoid and what you need to do to build a persuasive and effective truck accident personal injury case.
The biggest mistakes made in truck accident personal injury cases
There are a lot of ways that your truck accident case can go wrong. Here are some errors that you definitely want to avoid making:
Not following through on medical treatment: To further your recovery, seek immediate medical attention after your accident. Also, be sure to follow your doctor’s treatment recommendations. If you don’t, then you might cut your recovery short, but you’ll also prevent yourself from building a record of your damages. This, in turn, will cut your financial recovery short.
Failing to gather evidence at the accident scene: Proving causation might be difficult in your truck accident case. By taking photos of the accident scene, though, you might have enough evidence on hand to demonstrate that the trucker was responsible for your wreck. Be sure to capture vehicle resting positions, traffic signals and signs, vehicle damage, tire marks, and weather conditions. If you’re unable to gather this evidence, have a family member or friend capture as much as they can as quickly as they can.
Overlooking witnesses: Witnesses to the accident can be crucial to your case. If you don’t gather their contact information, then you might not ever hear from them again. This can reduce the persuasiveness of your case, perhaps even putting your claim in jeopardy.
Posting on social media: Although social media can be an outlet for your emotions, it can also jeopardize your claim. It might give the perception that your injuries are less severe than you claim them to be, or it might give the defense evidence that you were partially to blame for the accident. So, try to stay off social media until after your case is resolved.
Talking to the insurance company: The insurance company might seem friendly enough, as if they’re looking out for your best interests, but the truth is that they’re looking for ways to reduce or deny your claim. Therefore, you should refrain from talking to an insurance company until advised to do so by your attorney. If you absolutely have to communicate with them, then remain factual in your statements and try to say as little as possible.
Fight to recover what you deserve from your truck accident case
You need and deserve compensation for the injuries that have been unfairly thrust upon you. But you’re not going to recover those resources unless you avoid costly mistakes and properly advocate for your best interests. That might be nerve-wracking to think about, but you can find support throughout the process that’ll hopefully help position you for a successful outcome.
]]>On Behalf of Perry Griffin, PC Attorneys At Lawhttps://www.perrygriffin.com/?p=477582024-01-19T20:21:32Z2024-01-22T20:19:38Z
Point out prior inconsistent statements: Deposing witnesses is a great way to pin them down on their account of events. This not only allows you to more adequately prepare your defense strategy before heading into trial, but it also gives you ammunition to point out any inconsistencies between a witness’s depositional testimony and their in-court testimony. But inconsistent statements don’t have to be contained to deposition. Therefore, prior to heading to trial, thoroughly research the prosecution’s witnesses and what they’ve said so that you can point out any inconsistencies in their statements. Doing so will highlight for the jury that the witness can’t be trusted.
Demonstrate bias: Bad blood between you and a witness can cause a witness to take facts out of context, jump to conclusions, or flat out lie about what they’ve observed. But the jury isn’t going to know about your relationship with the witness unless you show it to them. It’s a good idea, then, to tell a story about what the witness is trying to do, that way it’s more engaging and persuasive to the jury. You might be able to use this strategy on police officers and investigators who have it in for you, too.
Highlight criminal history: Not all criminal history is usable when addressing witness credibility. However, most convictions related to truthfulness, or lack thereof, are usually fair game. This includes crimes such as fraud and embezzlement. So, investigate the criminal histories of the prosecution’s witnesses to see if they have anything that you can use to diminish the power of their testimony.
Use other evidence to contradict: The prosecution’s witnesses are going to confidently testify that their story is the truth. This can be persuasive to the jury. But if there’s other evidence that contradicts the witness’s testimony, then you need to make that a focal point during that witness’s testimony. That way the jury can see the contrast. This will likely mitigate the damage caused by that witness’s testimony.
Show motivation: In some instances, witnesses are motivated to testify against a defendant. For example, if you were just one of many individuals charged for a particular criminal event or activity, then one of those other individuals might flip on you and testify against you in exchange for immunity or reduced penalties. The jury needs to know about these motivating factors so that they can assign the appropriate weight to the witness’s testimony.
Take control of your criminal defense
When you’re in the heat of your criminal case, it’s easy to feel like the prosecution is running the show and that your future is in their hands. But your case doesn’t have to play out that way. You can take control of your defense and your case by preparing your legal arguments as thoroughly as possible. This could open the door to aggressive criminal defense strategies that put you on a path to beating the prosecution and reclaiming your life.]]>On Behalf of Perry Griffin, PC Attorneys At Lawhttps://www.perrygriffin.com/?p=477572023-12-28T12:15:52Z2023-12-28T12:15:52Ztruck accident personal injury claim, you can recover the financial resources necessary to pay for the best medical care while also securing financial stability. As a result, you can focus on reclaiming your health and your life.
What truck accident defenses will you be up against?
Although a personal injury lawsuit can be enormously beneficial for you and your family, it’s going to take some work to get what you want out of it. A lot of that will involve gathering and presenting evidence, but you can’t overlook the importance of anticipating the defense’s arguments and how to counter them. Here are some of the defenses that you might face in your truck accident case:
Contributory negligence: Even if a truck company thinks that it can’t escape liability, it’ll try to minimize the damages that it’s forced to pay. One of the most effective ways to do this is to argue that the other driver, you in your case, was also negligent and thus partially to blame for the accident. Under Mississippi’s contributory negligence law, any financial award stemming from a personal injury lawsuit will be reduced in accordance with the amount of fault that’s attributed, meaning that your recovery can be significantly diminished if you’re found to have contributed to the crash.
Independent contractor status: More and more, truck companies hire independent contractors to avoid potential liability. If this defense is raised in your case, then you should scrutinize the relationship between the truck company and the trucker to see if you can argue that, despite classification as an independent contractor, the relationship is more accurately classified as one of an employer and employee.
Emergency action: The trucker and their employer might also claim that you were injured in the accident only because the trucker was responding to an emergency and had to react so quickly that they couldn’t appropriately assess the ramifications of their actions. Here, the court will analyze whether the trucker’s actions were reasonable in light of the unforeseeable emergency that arose.
Pre-existing conditions: Another way truck companies try to avoid paying damages is by arguing that the victim had pre-existing conditions that are not attributable to the accident itself. If you have pre-existing conditions, then you’ll want to talk to your doctor about how the accident may have exacerbated them.
Don’t let a truck company take control of your personal injury case
You need to win your truck accident personal injury case if you want to secure the compensation and closure necessary to spur your recovery forward and obtain proper closure. That’s going to require assertiveness and thoroughness as you build and present your claim. If you don’t stand up to have your voice heard, then the truck company will take control, leaving you on the defensive.
Don’t let your claim get away from you. Instead, diligently work to build the robust claim that you need to protect your future.
]]>On Behalf of Perry Griffin, PC Attorneys At Lawhttps://www.perrygriffin.com/?p=477402023-12-04T07:52:54Z2023-11-20T21:26:30ZCommon errors made during criminal investigations
Mistakes can be made at any point in a criminal investigation. So, go back as far as you can to see if the police made any of these mistakes in their investigation:
Conducting an illegal search: A lot of searches are conducted after an individual consents to such a search, which you should never do, but even those that aren’t conducted pursuant to consent are carried out through the utilization of an exception to the warrant requirement. There are a lot of exceptions that can be used, but the police often misapply them. If you can find an error here, then you might be able to block incriminating evidence from being used against you.
Illegally securing a warrant: The police need probable cause to get a warrant. Sometimes, though, the police exaggerate or even falsify evidence to clear that hurdle. If that’s happened in your case, then you’ll be able to prevent the prosecution from using evidence that was obtained through the execution of that invalid warrant.
Failing to advise you of your Miranda rights: If you’re subjected to custodial interrogation, meaning you can’t leave the interview, then the police must inform you of your Miranda rights, which includes the right to remain silent and the right to an attorney. If you’re not advised of your rights and subsequently make a confession, then you can likely block that confession from being used against you at trial. Police officers often make the mistake of thinking an interview isn’t custodial in nature when it is in fact.
Improperly collecting and storing evidence: To have evidence admitted at trial, the prosecution is going to have to satisfy the court that the proposed evidence is what the prosecution claims it to be. In many instances, though, the police make mistakes in collecting and storing evidence. They might even fail to properly secure a crime scene. These issues can compromise the validity of the evidence, thereby rendering it useless at trial.
Relying on witnesses who lack credibility: Sometimes the police and prosecutors build cases on the statements of those who shouldn’t be trusted. Fortunately, you’ll have an opportunity to attack witness credibility at trial, but successfully doing so will require proper preparation.
Don’t be convicted on a flimsy case
The outcome of your criminal case can have a profound impact on your freedom, your reputation, and your future. To protect yourself as much as possible, you need to know how to aggressively defend yourself, and you might have several options for doing so.
That said, you need to know the law and how to exploit it to your advantage in your criminal case. You might think that’s hard to do, but there’s help and support out there to ensure that you’re able to zealously advocate for yourself and maximize your chances of securing the outcome that you want.]]>On Behalf of Perry Griffin, PC Attorneys At Lawhttps://www.perrygriffin.com/?p=477262023-11-08T17:08:45Z2023-11-01T16:07:21Zyou may possibly expect going forward.
There are many different types of suspensions and becoming acquainted with what they are may give you a leg up in the process.
Lapse in Temporary License, 90-day suspension: When you received the DUI, the arresting officer likely took your license. You should have been given a receipt for your driver's license at the time. That receipt can be considered a temporary driver's permit and will only be valid for 30 days from when it was issued. Once your permit expires, your license will officially be suspended for 90 days. You can attempt to stop the suspension by contacting the court, asking for a trial date and requesting an extension of the permit. If you don't contact the court, the 90-day suspension will hold.
Refusing an alcohol concentration test: If the officer has a reasonable suspicion that you are operating the vehicle on a public road, highway, or other street in Mississippi while you are under the influence of alcohol or some other substance that may cause you to be impaired (physically and/or mentally), your license will be suspended for 90 days. However, it is possible to avoid a suspension if the court orders you (as the driver) to have an ignition interlock-restricted license.
DUI Non-adjudications: Non-adjudication is defined as the court withholding adjudication of guilt and sentencing if you plead guilty or if the court determines that your trial has merit. In either of those cases, you may be ordered to participate in and complete a non-adjudication program. You will be required to meet all of the requirements of the course in the eyes of the court.
Eligibility for non-adjudication: You may be eligible for non-adjudication only once under the law. In order to qualify, you must successfully meet all of the terms and conditions of the court. Additionally, you must not hold a commercial license or a learner's permit at the time when you were issued the DUI.
What are the consequences for the different DUI offenses?
The consequences of a DUI offense depend on whether it is a first offense or a subsequent offense. The more offenses you have, the more severe the punishment will be.
First offense: Your driver's license will be suspended for 120 days unless the court has ordered you to have an ignition interlock-restricted license. Also, you will be ordered to attend and complete the Mississippi Alcohol Safety Education Program and you will have to show proof of insurance for 3 years.
Second offense: If you are charged with the second offense within 5 years of the first offense, your license will be suspended for 1 year or the court will order you to have an ignition interlock-restricted license.
Third offense: A third offense is considered a felony and you will most likely be incarcerated. Once you have served your sentence, you will be issued an ignition interlock-restricted license.
Fourth offense: A fourth offense is considered a felony and you will most be incarcerated. Once you have served your sentence, you will only be eligible for an ignition interlock-restricted license for 10 years.
Protecting your rights
If you have been charged with a DUI, you will need to face the consequences but you must also make sure that your rights are protected. With the right support, you can have peace of mind that your rights will be protected so that you can move on in your life and get back onto the path that you have set for yourself so that you can look to a brighter future.]]>On Behalf of Perry Griffin, PC Attorneys At Lawhttps://www.perrygriffin.com/?p=477252023-12-04T12:08:41Z2023-10-05T10:39:51ZMitigating factors in a DUI case
Two drivers who are convicted of the same DUI offense can face differing penalties depending on their circumstances. If you want to minimize the penalties that you’ll face, then consider how each of the following factors play out in your case:
Blood alcohol content: A court is probably going to punish someone with a higher BAC more harshly than someone who is just barely over the legal limit. So, consider how your BAC will affect the judge’s perception of you.
Driving record: If you have a clean driving record, then the court might be more inclined to view your DUI as a mistake. If you have a significant record of reckless or otherwise dangerous driving, though, then the court is going to view sentencing as an opportunity to teach you a lesson.
Criminal history: A similar analysis is conducted when looking at your criminal history. If it’s clean, then the court might be more lenient with you compared to someone who has an extensive history of criminality.
Victims: Hopefully no one was hurt as a result of your driving. In victimless DUI cases, you’ll have more room to argue for lighter penalties. If someone was injured by your drunk driving, though, then you won’t want to focus on this aspect, as the court will consider it an aggravating factor. Your only saving grace here may be if you can show that the other driver contributed to the accident.
Voluntary participation in programming: You might be able to put yourself in the judge’s good graces if you seek out treatment for your alcohol use on your own. Even if you don’t have an ongoing drinking problem, seeking out this programming makes you look good, as it’s an indication that you realize that you’ve made a mistake, you’re taking the matter seriously, and you’re taking action to correct it.
Prescription drug use: Prescription drugs can play a part in a DUI arrest, especially if they’re at least partially responsible for your impairment. In many of these instances, the intoxication is unintentional, which means that the court might go easy on you when it comes to sentencing.
Cooperation: You can paint yourself in a good light by cooperating with the police during your arrest. Resisting arrest, on the other hand, might land you in hotter water where you face harsher penalties.
Know how to present a strong criminal defense in your DUI case
You have a lot to think about as you head into your DUI case. Navigating the process can be scary, especially when you think about the stakes involved. But don’t let your fear cause you to cower to the prosecution, as this might result in a plea deal that’s not in your best interests. Instead, think through your DUI defense options so that you can confidently move forward with your case while keeping an eye on protecting your future.
]]>On Behalf of Perry Griffin, PC Attorneys At Lawhttps://www.perrygriffin.com/?p=477242023-12-04T12:08:43Z2023-08-01T19:29:38ZAccording to the Mississippi Department of Health, three-quarters of adult drivers admitted to talking on a phone while driving and one-third stated they had read, written or sent a text message while driving.
A distracted driving accident can happen in seconds
Almost 80% of all accidents involved distraction by a driver during the last three seconds before the accident. This shows that a distraction can arise in mere seconds, causing an accident.
Distracted driving is anything that takes your focus off the primary task of driving. Using a cell phone is not the only form of distracted driving.
Eating, drinking, adjusting a music or navigation system or talking to children or a passenger are all forms of distracted driving. Glancing out the side window to look at nice scenery or looking at a billboard or a sign is also considered distracted driving.
However, cell phones remain one of the biggest factors in distracted driving accidents. You can usually spot at least one or two drivers on their phones during any drive.
Tips to avoid distracted driving
Not using your phone while driving is one of the best ways you can avoid distracted driving. If you must use your phone, have a passenger use the phone for you or ask if they can drive so you can use your phone.
Try to limit your eating and drinking while driving. Do it before you drive so you are not at risk of becoming hungry or thirsty while on the road.
Preparation is important when it comes to navigation or music, as well. Set your navigation and music settings before you start driving. If you must change them while driving, see if you can pull over to a safe place before navigating.
You cannot always control the actions of the other people in your vehicle, especially children. Make sure all children are buckled up and secure in their seats and remind them that it is important to be quiet so you can drive.
Your legal options after a car accident
An accident with a distracted driver can cause you serious or life-threatening injuries. Your car may be totaled, and you might miss work. The costs can quickly add up.
You likely want justice for the unfair situation you have found yourself in. Distracted driving is negligent driving, and if you can prove negligence in a personal injury lawsuit, you could receive compensation for your damages.
Damages include your medical bills, lost wages and the cost of your pain and suffering. Many car accident victims experience major mental health issues after an accident, you could potentially receive compensation for that, as well.]]>On Behalf of Perry Griffin, PC Attorneys At Lawhttps://www.perrygriffin.com/?p=477152023-07-27T18:03:34Z2023-08-01T17:06:48ZNational Coalition Against Domestic Violence, 39.7% of women in the state are subjected to violence or stalking from an intimate partner sometime during their lives. Nationwide, a third of women and a quarter of men have been subjected to some form of domestic violence. In 2018, 20% of all violent crime reported nationwide was related to domestic violence, according to the NCADV.
Mississippi domestic violence charges
Mississippi law takes domestic violence seriously. Unlike some states, Mississippi has specific criminal charges for some people who have been accused of domestic violence. To be convicted of "simple" domestic violence under Mississippi law, the offense must have been committed against:
A current or former spouse of the defendant
A child of a current or former spouse
A current or former romantic partner of the defendant
A parent, grandparent, child or other relative of the defendant
The offense further must involve knowingly or recklessly causing bodily injury, negligently causing bodily injury with a deadly weapon, or threatening another with imminent serious bodily harm.
This basic form of domestic violence is punishable by a fine of up to $500 and a jail sentence of up to six months. Penalties get higher for those with prior convictions and other aggravating factors. Some of these aggravated offenses can carry a prison sentence of up to 20 years.
Protection orders
While most of criminal law is oriented around holding defendants accountable after the offense has occurred, some aspects of Mississippi's domestic violence law take a more proactive approach. The idea behind this policy is to stop patterns of violence before they become worse.
With that in mind, Mississippi law allows for victims of domestic violence to request a protective order from a court. If granted, the court can order the accused person to stay away from the alleged victim and avoid all contact with them. Violating a protective order carries further criminal penalties.
A protective order can go into effect immediately, but the accused person does have the right to a hearing to defend against the accusation.
Defending against domestic violence charges
By enacting tough domestic violence laws, Mississippi lawmakers and law enforcement officers hope to reduce some of the scary statistics we saw at the top of this blog post.
Still, one of the cornerstones of our criminal justice system is the principle that everyone must be presumed innocent until proven guilty. Those who are accused of domestic violence have the right to a defense. Defending against these charges can feel like an uphill battle. It's important for the accused to seek out professional guidance when facing these charges.]]>On Behalf of Perry Griffin, PC Attorneys At Lawhttps://www.perrygriffin.com/?p=477112023-12-04T07:52:35Z2023-06-30T17:53:18Zwhat to expect at your real estate closing, so you are not taken by surprise if anything unexpected happens.
Preparing for your closing date
Prior to your closing date, you probably signed a purchase agreement, which lays out the terms of the sale. There is usually a waiting period of several weeks to months between signing the purchase agreement and your closing date.
The purpose of this waiting period is to allow many different steps to be completed. These steps commonly include securing a mortgage on the property, completing any inspections or making repairs to the property.
As a final step before your closing date, you will complete a walk-through of your new home to confirm that everything looks good. The sellers are expected to be fully moved out by your closing date.
Who attends the closing
When you meet with the sellers on your closing date, there will likely be other people there, such as your real estate agent and/or the lender. An attorney can also attend the real estate closing with you to help you review and sign the documents.
There are several documents you will sign. Some of them include:
Closing disclosure
Loan estimate
Mortgage documents
The closing disclosure states the terms of your mortgage. You should receive this document a few days prior to your closing date, to give you a chance to review it against your loan estimate.
Your loan estimate is the document that contains detailed information about your mortgage, including the mortgage terms and interest rate. You should also receive an escrow statement, which identifies any payments your lender will make from your escrow account during the first year of your mortgage.
Mortgage note and deed
You will receive a mortgage note and a mortgage deed. The mortgage note states the loan terms and what steps the lender can take if you do not make your payments.
The mortgage deed is the document that secures the loan and provides your lender with a claim to your home if you do not make the payments according to the mortgage terms.
What to bring to the closing
In addition to signing these documents, you will pay various fees. These could include property taxes or additional closing costs.
These fees normally cannot be paid by personal check, so bring a certified check or cashier’s check. You should also bring a form of identification and proof of homeowner’s insurance.
Knowing what you are signing and being prepared can help the closing process go smoothly. Once closing is over, you can move into your home, perhaps even the same day, which is why avoiding any issues on closing day is so important.]]>On Behalf of Perry Griffin, PC Attorneys At Lawhttps://www.perrygriffin.com/?p=477022023-12-04T07:57:09Z2023-05-25T06:30:30Z
The truck driver.
The trucking company who employs the driver.
The truck owner.
Shipping companies.
Truck drivers
Operating a commercial vehicle requires a great deal of training, skill, and caution. Negligent truck drivers who do not abide by federal regulations and state traffic laws when operating their commercial trucks may be liable for an accident. Common forms of truck driver negligence include:
Driving too many hours continuously.
Using a cell phone while driving.
Driving while fatigued.
Driving while intoxicated.
Failing to allow enough time to stop.
Trucking companies
According to Federal Motor Carrier Safety Administration (FMSCA) regulations, truck drivers are considered employees of the trucking company, and are not considered independent contractors. As a result, under the doctrine of respondeat superior, a trucking company may be held vicariously liable for their truck driver’s negligence.
Trucking companies can also be held liable for negligently:
Failing to conduct proper employee background checks prior to hiring them.
Failing to hire qualified drivers.
Failing to make sure drivers received the required training and obtained the necessary licensure to operate a commercial vehicle.
Failing to properly inspect company trucks.
Encouraging drivers to forego breaks, in violation of FMSCA regulations.
Truck owners
The trucking company that employs the driver does not own the truck involved in the accident. In such cases, an owner may be liable for:
Failing to properly inspect the truck.
Failing to perform necessary maintenance.
Failing to ensure the truck met all safety standards before driver drove it on the road.
Allowing negligent driver to operate the truck.
Shipping companies
Shipping and hauling companies are often responsible for making sure the cargo is loaded and unloaded in accordance with all safety regulations. A shipping company may be liable for:
Failing to properly secure the cargo.
Exceeding truck weight limits.
Uneven distribution of the weight of the cargo.
Failing to properly load hazardous substances.
Truck accident victims may recover damages from several parties responsible for their accident by filing a personal injury claim. Victims may recover compensation to cover medical expenses, lost wages, loss of earning capacity, pain and suffering, and emotional distress.
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