A car accident is a traumatic event that can leave you with more than just damaged vehicles. You may also face injuries, medical bills, and lost income, along with the difficult question of who is at fault. Determining fault is a crucial first step in seeking compensation, and in Mississippi, the process is guided by a specific legal principle known as pure comparative negligence.
At Gregory D. Keenum, PA, we have been assisting clients with complex legal matters for over 49 years. Our in-depth knowledge of Mississippi law ensures that our clients are well-informed and effectively represented as they pursue the compensation they are entitled to.
What is Pure Comparative Negligence?
Mississippi follows a legal doctrine known as pure comparative negligence, which is used to distribute fault among all parties involved in an accident. Unlike some other states, where recovery is barred if you are even slightly at fault, Mississippi’s law allows for recovery even if you were primarily responsible, although your compensation will be reduced based on your percentage of fault.
To illustrate this, let’s say a jury determines that your total damages amount to $100,000 and that you were 30% responsible for the accident, perhaps due to speeding. In this case, you would still have the right to recover $70,000 from the other party, even though they may have been more at fault.
How Is Fault Determined in a Mississippi Crash?
Fault is determined by determining negligence. A driver is considered to be negligent if they do not exercise the level of care that a reasonable person would in similar circumstances, and this failure causes an accident.
Evidence used to prove negligence may include:
- Police reports
- Photographs from the scene
- Eyewitness testimony
- Traffic and surveillance camera footage
- Expert accident reconstruction
- Violations of traffic laws, such as Mississippi’s rules of the road, can be powerful evidence of negligence
Common examples of negligent driving that can lead to accidents include distracted driving, speeding, drinking and driving, failing to yield to pedestrians or other vehicles, and running red lights.
Common Scenarios and How Comparative Negligence Applies
Let’s be honest: not every car accident is black and white. Sometimes, both drivers make mistakes. Mississippi understands this – which is why they use a “modified comparative negligence” system. But how exactly does this work in real-life accidents? Here are some common situations we encounter – and how blame might be divided:
You got rear-ended?
Usually, the driver behind you is considered to be at fault. After all, they are supposed to maintain a safe distance. However, if your brake lights are not working or if you apply the brakes suddenly for no reason, the insurance company may try to place some of the blame on you. Even a 10-20% reduction in your payout can be significant.
Left turn gone wrong?
If you were turning left and were hit by an oncoming vehicle, you may be seen as the one who should have waited. However, what if the other driver was speeding or ran a red light that had turned yellow? In this case, they may share or even take most of the blame.
Crash in a parking lot?
These situations can become complicated. Without police reports or surveillance cameras, it often comes down to eyewitness accounts and evidence. Security footage from a store and a witness’s statement can determine whether you will be compensated or have to pay the bill yourself.
Multi-car pileup on the highway?
Let’s say there are three cars involved in an accident. Driver A makes a sudden maneuver, causing Driver B to hit them and Driver C to collide with both vehicles. Who is at fault in this situation? It could be any of the three drivers, and according to Mississippi law, each driver can be held responsible. However, if you are found to be 50% or more at fault, you may not receive any compensation.
Why You Need a Skilled Mississippi Car Accident Attorney
Navigating a claim under comparative negligence rules can be complex. The insurance company has a team of adjusters and lawyers who work to protect their interests. Without strong legal representation, you run the risk of accepting a settlement that is less than what you deserve, or even having your claim denied due to exaggerated claims about your own fault.
Our firm provides expert representation to ensure a level playing field for you. We take care of every aspect of your case, from investigating the incident to determining all parties involved, collecting and preserving crucial evidence, consulting with accident reconstruction specialists, negotiating aggressively with insurance companies, and calculating a comprehensive and fair settlement that covers all your losses, including medical bills, lost wages, property damage, pain and suffering. We are also prepared to take your case to court if necessary in order to fight for your rights.
Contact Gregory D. Keenum, PA Today
If you’ve been injured in an accident, don’t let the insurance companies take advantage of Mississippi’s comparative negligence law. With nearly 49 years of experience, Gregory D. Keenum, PA, has the knowledge and determination to protect your rights and help you get the maximum compensation possible.
We understand the legal complexities involved and will handle them for you while you focus on recovering from your injuries. Contact us today for a free consultation to discuss your case and find out how we can help.