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When you are involved in a car accident caused by a careless driver, can the mistakes that you made that contributed to the crash prevent you from recovering fair compensation? It is one of the most frequently asked questions motor vehicle accident victims have.
When you understand the laws governing Mississippi personal injury lawsuits and how those laws can impact cases and claims, you are in a better position to confidently move forward with your accident claim and fight for the compensation you deserve, even if you may be partially at fault.
Mississippi Car Accident Statutes
Mississippi follows a traditional fault-based car insurance system. When an accident occurs, injured victims typically file an insurance claim with the at-fault driver’s car insurance company. In no-fault states, you would file with your own insurance company, regardless of who caused the collision.
However, in an at-fault system like Mississippi’s, you can provide an insurer with evidence showing that the other driver’s actions caused the collision. The driver primarily responsible for causing the wreck is also the driver responsible for paying for the injured party’s losses. Gathering and preserving evidence that shows how the other driver caused the accident is essential for maximizing compensation for your injuries.
What Is Comparative Negligence in Mississippi Car Accident Cases?
In personal injury lawsuits, Mississippi courts have a law that outlines pure comparative negligence for the parties to the case. Here’s where the question of being partially at fault for causing a collision comes into play. Under this rule, a victim’s compensation decreases by the same percentage as their level of fault for causing the accident.
Here’s an example of this rule in action. Say a Mississippi driver is struck by another car that ran a red light. Evidence shows the driver was distracted and didn’t see the signal change. However, evidence also indicates that the victim was sipping a drink at the time of the crash and couldn’t respond quickly enough to take evasive actions. The court carefully evaluates the situation and finds that the driver who ran the red light is 90 percent responsible for causing the crash. Yet, the actions of the victim also make them partially accountable. Using pure comparative negligence, in this example, the victim’s total awarded compensation is reduced by ten percent.
Unlike the modified comparative negligence systems used in some other states, pure comparative negligence means that even if you’re more at fault than the party you’re suing, you can still collect some amount of compensation for your injuries.
Comparative negligence rules only bind personal injury lawsuits. These rules do not bind insurers, but they use them to guide their valuation of a car accident claim. An insurer can assess how they think a court case would proceed and then offer an individual a lower settlement, claiming that partial liability on the part of the victim reduces the value of the accident claim.
The fear of being partially to blame tends to make vulnerable accident victims think they deserve those lowball settlements insurers so quickly offer. A Mississippi car accident attorney can gather and preserve evidence that shows a greater share of the blame should be attributed to the at-fault driver. Your lawyer will fight for maximum compensation on your behalf.
A Personal Injury Attorney Can Help You After a Mississippi Accident
At Chatham Gilder Howell Pittman, our personal injury team understands how being partially at fault for an accident can impact the value of your claim. We provide strategic legal representation tailored to maximize compensation and achieve the most favorable outcome possible in each situation.
Contact our office today to schedule a complimentary consultation.
