A car accident can change your life in an instant, leaving you with serious injuries, high medical bills, lost income, and emotional stress. If you were hurt due to another driver’s carelessness, you have the right to seek compensation. However, the road to complete recovery can be more difficult if the insurance company claims that you are partially responsible for the accident.
At Gregory D. Keenum, PA, we have nearly 49 years of experience helping clients navigate through complex legal issues. One crucial aspect of Mississippi law that can greatly impact your case is the doctrine of comparative negligence. Understanding how this works is essential for protecting your rights.
What is Pure Comparative Negligence?
Mississippi is one of the few states that follow the “pure comparative negligence” rule. This legal doctrine is outlined in Mississippi Code Annotated § 11-7-15. Essentially, it means that an injured party can seek damages from another party that caused the incident, even if they were partially responsible for the accident. However, their overall compensation will be adjusted based on their percentage of responsibility.
For example, if a jury determines that your total damages are $100,000 and finds you responsible for 30% of the accident, you will still be able to recover 70% of that amount, or $70,000. Even if you’re found responsible for 90% of an incident, you might still receive 10% compensation.
This is a more flexible standard than the “modified” comparative negligence rules used in some other states. It could prevent an injured party from recovering anything if they are 50% or more at fault.
How Does Comparative Negligence Affect Your Car Accident Claim?
Insurance adjusters are trained to look for any evidence they can use to shift the blame onto the other party involved in an accident. By arguing that the other person’s actions contributed to the incident, they can reduce the amount of compensation they have to pay out. Some common arguments they might use include:
- You were driving at a speed that was slightly above the limit.
- You did not take any action to avoid a potential collision.
- Your attention was partially diverted.
- One of your tail lights or headlights was not working properly.
The Mississippi Supreme Court consistently upholds and applies the pure comparative negligence rule in car accident cases, as seen in cases such as Coca-Cola Bottling Co. v. Reeves. This means that the jury (or judge in a bench trial) is responsible for assigning specific percentages of fault to each party involved in the accident.
Why a Strong Legal Defense is Critical
Because the insurance company’s goal is to assign as much fault as possible to the other party, it is crucial to build a strong case to establish their primary liability. An experienced car accident attorney knows how to counter this by:
- Conducting a Comprehensive Investigation: We gather all relevant evidence, including police reports, witness statements, traffic camera footage, and expert opinions, to create a clear picture of events.
- Identifying the Other Driver’s Negligence: We prove how the other driver’s actions, such as distracted driving, speeding, or failure to obey traffic laws, were the main cause of the accident and your injuries.
- Reducing Your Liability: We present evidence to challenge unfounded claims about your conduct and argue for the smallest possible percentage of responsibility.
What Compensation Can You Recover?
Despite the reduction in your share of responsibility, you may still be eligible for significant compensation for your losses. This could include:
- Medical expenses, including future medical care
- Lost wages and loss of income
- Pain and suffering
- Property damage to your vehicle
- Rehabilitation and therapy costs
Insurance companies often try to take advantage of cases involving shared responsibility, offering quick and low-cost settlements. They hope that you don’t know your rights under Mississippi’s comparative negligence law. It is crucial to get an attorney to evaluate your case before accepting any offer.
Don’t Let an Accusation of Fault Derail Your Claim
Navigating a car accident claim can be stressful enough without having to deal with allegations that you are at fault. With 49 years of experience serving the community, the team at Gregory D. Keenum, PA, understands how to protect your rights and fight for maximum compensation you deserve under Mississippi law.
If you or a loved one has been injured in a car accident in Booneville or anywhere else in Mississippi, please don’t face the insurance companies alone. Contact our office today to schedule a free consultation and let us help you find a fair settlement.