Like most states, Mississippi follows a fault-based system when it comes to car accidents. Drivers who are responsible for collisions are financially liable for their victims’ damages. If you are injured in a collision, you have the right to pursue compensation through an insurance claim or lawsuit.
However, proving car accident liability can be complex. You will need to gather several pieces of evidence to support your case and establish your right to recovery, such as witness statements, police reports, and medical records.
How to Prove a Mississippi Car Accident Claim
When you file a Mississippi car accident claim, you will need to supply sufficient evidence showing that the other driver caused your accident. Generally, you will need to prove the following four facts in order to establish the other driver’s liability.
- Duty: The at-fault driver owed you a duty of care at the time of the accident. In Mississippi, all drivers have a duty to drive safely and follow state traffic laws.
- Breach of Duty: The at-fault driver breached his or her duty of care through a negligent act or failure to act. Speeding, drunk driving, running a red light, and distracted driving are some examples of driver negligence.
- Causation: The at-fault driver’s breach of duty caused your car accident and your resulting injuries. You must prove that the accident would not have occurred if not for the actions of the driver.
- Damages: You sustained damages in the accident that you can collect in your lawsuit. These damages may include past and future medical expenses, lost wages, property damage, and pain and suffering.
Gathering Evidence to Prove a Car Accident Claim
There are several pieces of evidence that can help you establish car accident liability. After your collision, take as much action as possible to gather this evidence and prove your right to recovery.
Witness Statements
Statements from eyewitnesses can help establish the events that led up to the accident and validate your statements. After the accident, ask any witnesses in the area for their contact information so that you can speak to them at a later time.
Medical Records
Your medical records can provide valuable insight into the nature and extent of your injuries. You can use these documents to prove the cause of your injuries and the care that you will require in the future.
Videos and Photographs
After an accident, take as many photographs and videos as possible of your injuries, vehicle damage, and the area around the crash. By documenting the moments after the crash, you may find valuable evidence that you could use in your future case.
Police Reports
When a law enforcement officer visits an accident scene, he or she will create a report that details how the accident likely occurred. This report will contain key facts like the names of the people involved, witness information, and the date and time of the accident, helping validate your story.
Speak to a Mississippi Car Accident Attorney
If you are injured in a car accident, you need an attorney on your side. In some cases, proving liability can be difficult, especially if you are unsure who was responsible in the first place. In these situations, it is important to speak with a lawyer.
After your accident, gather all relevant evidence about your collision and schedule a free consultation with a Gulfport car accident attorney. Your attorney will carefully evaluate your case and identify your optimal path to recovery.