With thousands of motor vehicles traveling along Mississippi roads every day, your chances of being in a car accident may be higher than you think. These accidents can cause expensive damage to vehicles and possible injuries that can impact your ability to work and your quality of life. It’s important to have a good understanding of Mississippi car accidents and personal injury laws so you know your rights if you or a loved one is injured in an accident.
If you’re in a car accident, you should file a police report, notify your insurance company, and consult a car accident lawyer immediately.
Common Causes of Car Accidents
Car wrecks occur often enough in Hattiesburg and other cities throughout Mississippi. There are a number of causes for these accidents, including:
- Driving under the influence of alcohol or drugs
- Drivers being distracted by their phones or eating in their cars
- Speeding or driving recklessly
- Driving while tired or drowsy
- Driving too fast around curves or turns
- Making illegal maneuvers, such as an illegal U-turn or illegally turning right on a red light
- Vehicle-related defects, such as faulty brakes or tires
- Poor road conditions, including weather-related issues like ice or rain
In 2023, there were more than 6.1 million police-reported traffic accidents in the U.S., which is more than 16,000 every day. That same year, the Mississippi Office of Highway Safety reported 140 fatalities and 3,205 serious injuries caused by motor vehicle accidents.
Common Damages in Car Accident Claims
Car accidents are one of the most common personal injury claims. If you are in a car accident in Mississippi, there are multiple elements of an accident claim you should be aware of. You may be entitled to restitution for damage to your vehicle, your personal injuries, and more.
The compensation available for a car accident through a personal injury claim includes economic and non-economic damages.
Economic damages can encompass the following quantifiable losses:
- Medical expenses
- Vehicle repair or replacement costs
- Wages lost if an injury keeps you from working
Non-economic damages cover intangible harm that resulted from the accident, such as:
- Pain and suffering
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
Understanding Mississippi Car Accident Laws
All laws regarding motor vehicles in our state are covered under Title 63 of the Mississippi Code, including laws regarding traffic regulations and DUI. Title 63 typically comes into play during a car accident case, and several laws under the title may be referenced to support a claim, including the following:
- Chapter 3 – This provides all of our state’s laws regarding rules of the road and negligence claims.
- Chapter 9 – This outlines what drivers should do when in a vehicle accident, including immediately reporting the crash to local authorities and exchanging information with other drivers.
- Chapter 15 – This chapter is known as the Mississippi Motor Vehicle Safety Responsibility Act and states the minimum liability insurance every driver in Mississippi needs to carry to operate a vehicle.
Mississippi Personal Injury Laws
Mississippi is an “at-fault” state, which means if you are injured in a car accident caused by another driver, they are responsible for your damages. You can seek compensation for full recovery from the other driver personally or from their insurance company, but it’s vital to do so as soon as possible.
In Mississippi, you have three years from the accident date to file your personal injury claim. Filing after the three-year deadline can result in a judge throwing your case out and you losing the opportunity to pursue recovery altogether.
Although compensation can be received from the at-fault driver, there are factors that could affect how much you receive. Mississippi is a pure comparative negligence state. This means that if a judge from Forrest County Courts finds you were partly responsible for the vehicle crash, that may lower the amount of compensation you receive from the other driver.
For example, if you’re to receive $100,000 in compensation and a judge deems you’re 20% responsible for the accident, then your compensation would be lowered to $80,000.
It’s important to be aware of all laws and rules as they pertain to a personal injury claim. When you hire a car accident lawyer at Johnson, Ratliff & Waide, PLLC, we can guide you through Mississippi’s car accident and personal injury laws, help gather all necessary evidence needed to establish fault, and help ensure you are fairly and adequately represented in court.
FAQs
Can You Personally Take Legal Action Against Someone After a Car Accident in Mississippi?
Yes, you can personally take legal action against someone after a car accident in Mississippi. Although these cases are often handled through an insurance claim that settles out of court, you have the right to pursue litigation in civil court if the other driver doesn’t have insurance or an insurance payout is insufficient.
Should I Hire a Lawyer for a Minor Car Accident?
Yes, you should hire a car accident lawyer if you are in a minor car accident. Even minor vehicle accidents, like “fender benders,” can cause damage to your car that is very expensive to fix and can even lead to injuries. It’s always better to talk to an attorney, no matter how minor you think the accident was, to ensure you receive fair compensation from those at fault.
What if the At-Fault Driver Doesn’t Have Car Insurance?
If the at-fault driver doesn’t have car insurance, you can file for damages to your vehicle and person through uninsured motorist coverage with your insurance company or file a civil claim against the driver. A car accident attorney can help you with either of these compensation options and ensure you get the recovery you need.
What Type of Evidence Is Used in a Mississippi Personal Injury Claim?
The types of evidence normally used in a Mississippi personal injury claim include police or accident reports, photos from the scene and of any injuries, medical records, and witness statements. Evidence plays a vital role in a personal injury claim, and our car accident lawyer can help you obtain all the evidence necessary for your case.
Hire a Car Accident Lawyer in Mississippi
There’s no denying the fact that driving on today’s roads can be dangerous. If you or a loved one is in a vehicle wreck in Hattiesburg or a surrounding city, make sure to call Johnson, Ratliff & Waide, PLLC.
With more than 50 years of experience handling car accidents and personal injury cases in Mississippi, our attorneys can guide you through the legal process to help ensure you receive the restitution you deserve. Call our office today to learn more about our team and how we can help.
