Your Rights As A Passenger Injured In A Car Accident

In Mississippi, passengers who have been injured in auto accidents have rights. Unfortunately, many are not aware of these rights and ultimately never file a claim in order to obtain the compensation needed to pay for medical bills, lost wages, and more. Below, we explain more about injured passenger rights and what to do if you are ever in this situation.

A Driver’s Duty of Care To Avoid A Passenger Being Injured

All drivers in Mississippi assume a duty of care, which is essentially a legal responsibility that they will obey traffic laws and do everything that a reasonable person would do to prevent injury/death to their passengers and everyone else on the road. If a driver fails to fulfill this legal duty and a person is injured or killed, this is known as negligence and would make the driver liable for the resulting damages.

The Importance Of Reporting The Crash

It’s imperative that you report the accident to the police after being injured in any type of car crash as a passenger. Tell them exactly what happened leading up to the crash and what you witnessed yourself. Doing so will create a paper trail of the accident in an official police report, which can later be utilized as evidence for your claim.

Then, do not hesitate to contact a local car accident attorney for help filing a claim against any and all liable parties. Determining who is liable for a crash can be complicated, which is why having a seasoned legal advocate on your side can help you during this process.

Mississippi follows a comparative negligence rule, meaning that two drivers may be both found to be partially liable for a crash. As a passenger, you are not liable for a crash, therefore you are permitted to file claims against either or both drivers for your total damages. You may also be able to sue both drivers if they lack sufficient insurance.

Don’t Wait To File A Claim

If you’ve been injured as a passenger in a car accident, you deserve to be properly compensated for the medical expenses, lost wages, and other damages that you incurred as a result. At Chatham Gilder Howell Pittman PLLC, we are committed to protecting the rights of injured passengers in Mississippi who did nothing to cause the accident they were involved in.

Remember that personal injury claims are subject to a three-year statute of limitations, meaning that you must file a claim within this time period to successfully receive compensation. However, it’s recommended that you do so within a few days or weeks after the crash.

If you have been injured in a car accident, don’t wait to file a claim—time is of the essence! Contact Chatham Gilder Howell Pittman PLLC to get started with your free case review!

About the Author
Jefferson D. Gilder is a Partner at Chatham Gilder Howell Pittman and was admitted to the Mississippi and Tennessee Bars in 1990. Mr. Gilder is admitted to practice in all courts in Mississippi and Tennessee including Federal Court, the Fifth and Sixth Circuit Courts of Appeal, and the United States Supreme Court. Mr. Gilder's areas of practice include personal injury, criminal, medical malpractice, civil rights, and product liability. Mr. Gilder spent his first ten years as an attorney practicing with his father, Robert G. Gilder, at Gilder Law Firm in Southaven, Mississippi before forming Gilder, Howell & Assoc., P.A. with Jamie W. Howell, Jr. in June of 2000. This firm although as another legal entity has now combined their resources and experience with Chatham – Pittman, to form Chatham Gilder Howell Pittman. If you have any questions about this article, you can reach Jefferson through our contact page.