Mississippi consistently ranks among the states with some of the highest rates of traffic fatalities in the nation. Understanding the most common causes of car accidents is the first step towards protecting yourself and your legal rights on Mississippi roads.
Distracted Driving
Distracted driving is a major cause of serious accidents in Mississippi, according to research cited by the Mississippi State Department of Health. The data shows that nearly 80% of all accidents and 65% of near-accidents involve driver distraction within three seconds leading up to impact. Distractions can be divided into three main categories: visual distractions, manual distractions, and cognitive distractions.
Under Miss. Code Ann § 63-33-1, it is illegal for drivers to text or post on social media while operating a vehicle. This law is enforced by the police, who can stop a driver for texting even if there are no other traffic violations. A first offense can result in a $100 fine and penalties increase for repeated offenses. Although hands-free calling is legal, any distraction from a phone call can still lead to civil liability if it causes an accident.
If a distracted driver injures you, the pure comparative negligence rule in Mississippi still allows you to seek compensation, even if you share some responsibility for the accident.
Drunk and Impaired Driving
Driving under the influence of alcohol or drugs is a major cause of car accidents in Mississippi. It is against the law to operate a vehicle if your blood alcohol concentration (BAC) is 0.08% or higher, or 0.04% if you are a commercial driver, and 0.02% if you under 21 years old. The law also prohibits driving if you impaired by drugs or controlled substances that reduce your ability to drive safely, such as prescription medication.
Penalties for a first DUI offense in Mississippi include up to 48 hours in jail, fines ranging from $250 to $1,000, a 120-day license suspension, and mandatory participation in the Mississippi Alcohol Safety Education Program (MASEP). A third DUI offense is considered a felony and can result in imprisonment of one to five years and fines up to $5,000. If a drunk driver causes serious injury or death to another person, it is a felony that can carry up to 25 years in prison, according to the Mississippi Bar Association.
From a civil perspective, victims of drunk driving accidents may seek compensation for medical bills, lost wages, pain and suffering, and, in extreme cases, punitive damages through a personal injury claim.
Speeding and Reckless Driving
Excessive speed can reduce a driver’s reaction time and significantly increase the severity of a collision. The Mississippi speed limit is codified in Title 63 of the Mississippi Code, and violations can often lead to rear-end collisions, run-off-road accidents, and intersection accidents. Reckless driving, defined as operating a vehicle without regard for the safety of others, can expose a driver to criminal charges and civil liability.
When a speeding driver causes an accident, evidence such as police reports, skid marks, traffic camera footage, and accident reconstruction can be used to establish that the driver was at fault. Under Mississippi’s pure comparative fault system, if you are partially responsible for the accident, your compensation will be reduced proportionally, but it will not be eliminated.
Failure to Yield and Traffic Violations
Many serious accidents occur at intersections due to drivers failing to obey traffic signals, running red lights, or ignoring right-of-way rules. These violations are regulated by Miss. Code Ann. § 63-3-801 et seq., which sets out rules for yielding, turning, and following appropriate procedures at intersections.
Determining fault in these cases often depends on police reports, witness statements and available video footage. Drivers who are found at fault can be held responsible for all costs of injuries caused by their actions minus any shared responsibility attributed to other parties. That’s why legal advice after a collision is so important.
Fatigued and Drowsy Driving
Driver fatigue can impair judgment and reaction times in a way similar to alcohol intoxication, but it leaves fewer obvious traces at the scene of an accident. Commercial truck drivers, shift workers, and travelers who drive overnight are particularly vulnerable to this issue. The Federal Motor Carrier Safety Administration (FMCSA) enforces strict limits on the number of hours commercial drivers can operate without rest, known as Hours of Service (HOS) regulations. If these rules are violated and an accident occurs, both the driver and their employer can be held liable.
Poor Road Conditions and Defective Vehicles
Not every car accident is the result of a driver’s error. Dangerous road conditions, including potholes, inadequate signage, missing guardrails, and poorly designed curves, can create liability for the government entity responsible for road maintenance. Claims against the Mississippi state or a local agency are subject to the Mississippi Tort Claims Act (Miss. Code Ann. § 11-46-1 et seq.), which imposes strict notice deadlines that are much shorter than the standard three-year statute of limitations. It is crucial to file a claim on time.
Injured in a Mississippi Car Accident? We’re Here to Help.
With nearly 49 years of experience, Gregory D. Keenum, PA has been a trusted advocate for injury victims in Mississippi since 1979. As our founder, he is personally committed to providing strategic, personalized legal guidance throughout every stage of a case – from investigating and negotiating insurance claims to advocating in court.
The clock is ticking on your claim. Contact our office today for a confidential consultation and let us work to fight for the compensation you deserve.