Who’s responsible for a car accident in Mississippi? The short answer is that the person whose actions caused the crash is financially liable for any injuries and losses that result, such as medical expenses, lost wages, pain and suffering, property damage, and more.
The challenging element of a Mississippi car accident claim is determining whose actions caused the crash, the extent of the resulting harm, and whether anyone else shares fault for the collision. This is where Mississippi’s negligence and comparative fault laws come in.
Mississippi’s At-Fault Insurance System
Under Mississippi’s at-fault insurance system, drivers must purchase liability insurance that meets state requirements. A Mississippi driver’s liability insurance covers injuries and property damage they cause, not their injuries and losses. While drivers can purchase additional coverage to pay for their own losses in a crash, the state doesn’t require it. So, if you’re injured in a collision that another driver caused, you file a personal injury claim with that driver’s insurance company.
Insurance companies or the courts determine who will cover a crash by investigating the role of negligence. A negligent driver fails to take reasonable steps to avoid causing a collision. For example, if a driver speeds or runs a red light, they violate Mississippi traffic laws and increase the chances of a crash – making the driver liable.
Unfortunately, many car accident claims are not that straightforward. Insurance companies don’t want to pay more claims than they have to and want to keep payouts low. They frequently try to shift liability for a crash by pointing out possibly negligent actions by another party. They might also try to reduce a driver’s compensation by arguing that their injuries didn’t result from the crash. In some cases, there may even be third parties who are liable, such as the driver’s employer or a faulty car part manufacturer.
That’s why hiring a Gulfport personal injury lawyer after a car accident is crucial. Personal injury attorneys understand these cases, including what it takes to prove the other driver’s liability and how to determine whether anyone else may be liable. Your lawyer can gather evidence and help you fight back if the other driver’s insurer denies your claim or tries to reduce your compensation.
How Fault Is Determined
Anyone seeking compensation after a Mississippi car crash must support their claim with evidence. Common types of evidence proving fault in car accident cases include:
- Police reports – Many insurance companies rely on police accident reports to establish the baseline facts of a crash. These reports may contain the officer’s notes on who caused the collision, any tickets they issued, a diagram of the crash, or a narrative account.
- Traffic laws – If a driver causes a collision by breaking traffic rules, they are usually liable for any injuries or property damage they cause. Common traffic law violations that lead to crashes include speeding, tailgating, drunk driving, distracted driving, and not yielding the right-of-way.
- Eyewitness testimony – Witness statements are vital in car accident claims because they can provide a neutral perspective. For instance, suppose someone saw a driver looking at their phone in the moments leading up to a crash. Their testimony may indicate that the driver was distracted and likely caused the collision.
- Accident scene evidence – Specially trained investigators can examine photos, vehicle damage, surveillance footage, and other evidence from the scene of a crash to piece together what happened and who’s responsible.
- Insurance investigation – Insurance companies frequently send representatives to examine vehicle damage and other evidence from an auto accident. Their goal is to determine whether their policyholder is responsible for the collision – and if so, how much money they’ll pay to settle a claim.
Mississippi’s Comparative Fault System
What happens if you’re involved in a crash and bear some blame for causing it? These situations are where Mississippi’s pure comparative negligence rule applies. Under Mississippi law, you can recover compensation for your injuries as long as you’re not entirely responsible for the collision. However, if you are partly liable, your compensation will be reduced by your percentage of fault.
For example, suppose your losses from an accident total $50,000. If you’re 20 percent at fault, your compensation would be reduced by 20 percent, or $10,000.
Common At-Fault Situations
Some common situations where an at-fault driver is liable for a car accident under Mississippi’s insurance system include:
- A driver who rear-ends someone in front of them because they were following too closely
- A driver who collides with another car, cyclist, or pedestrian because they were looking at their phone instead of the road
- A driver who speeds and doesn’t have time to stop for a hazard in the road, resulting in them swerving into another vehicle
- A driver who breaks Mississippi’s drunk driving laws and causes an accident
- A driver who runs a stop sign, yield sign, or traffic light and collides with another vehicle coming through the intersection
- A driver who doesn’t adjust their speed to account for bad weather and loses control of their car, causing them to hit someone else
Do You Have Specific Questions? Contact Our Law Firm Today
Determining fault in a Mississippi car accident can be complicated and often requires in-depth knowledge of state law. Haug, Farrar, Franco & Ruiz, PLLC has represented car accident victims since 2014, giving us a decade of proud service to our communities. While past results don’t guarantee future outcomes, our results include many six- or seven-figure settlements and verdicts, including a $700,000 car accident settlement.
Our clients also speak highly of our services. Here’s one testimonial from a satisfied client:
“I hired Jonathan for an accident with an 18 wheeler. This was such a traumatic time for me. Jonathan showed great compassion for what I was going through. He is very personable, honest, direct, and sincere. He always responded in a timely fashion. My case was not an easy one, but he fought hard to get the highest amount possible. I love his staff, everyone is so friendly. I highly recommend Jonathan for your legal needs.” — Cheryl K.
If you have questions about a car wreck or who’s responsible for your injuries, Haug, Farrar, Franco & Ruiz, PLLC can answer them and help you fight for fair compensation. Call (228) 872-8752 now or complete our contact form for a free consultation.