When you are involved in a collision while traveling on Mississippi roadways, the accident scene can be extremely confusing and chaotic. Many accidents happen so quickly that it can be difficult to process exactly how the accident occurred even if you are one of the drivers involved. What you do at an accident scene is important because your ability to recover financial compensation for your injuries from the other driver’s insurance company may depend on your ability to prove the fault of the other driver. While there are a few accidents where there can be little dispute about who is at fault, this is the exception rather than the rule.
The basis for imposing liability in most Mississippi car accident cases is the negligence of the other driver. Negligence effectively refers to unreasonably careless driving that causes foreseeable injury to other vehicle occupants, motorcyclists, bicyclists, and pedestrians. Fault is a closely related concept, which in ordinary parlance refers to a person whose poor driving causes an accident. It is fairly rare that an insurance company will simply concede the issue of fault, which means the available evidence in most cases is open to multiple interpretations as to who caused an accident. Because fault is a critical issue in terms of recovering financial compensation for your injuries suffered in Mississippi motor vehicle accident, we have provided five things you need to know about the issue of fault if you are involved in a car crash in Mississippi.
- If you are involved in a collision, you should never admit fault or express remorse. While the urge to say, “I’m sorry” may be compelling, a savvy insurance company adjuster may later construe this act of courtesy as an admission of fault.
- Do not presume that you are at fault and have no right to recovery based solely on the law enforcement accident report. While police officers that investigate car accidents are extremely knowledgeable and competent, they frequently are forced to make a determination on the issue of fault with incomplete evidence. If you retain an experienced Mississippi car accident law firm, the law firm typically will conduct an independent investigation and often consult accident reconstruction experts. The key to keep in mind is that you may be entitled to compensation for your injuries despite the conclusions of a law enforcement accident report.
- Any driver involved in a motor vehicle accident should be aware that fault can be divided amongst multiple parties. Sometimes both drivers in a two-car collision will have made careless errors, but this does not necessarily preclude your ability to recover for your injuries provided that the other driver is determined to have had a higher degree of fault. While your own percentage of fault may result in a reduction of your financial recovery, you may still be entitled to compensation for your injuries but the amount may be reduced by your percentage of fault. When the plaintiff and defendant are both at-fault, the legal term to characterize this type of fault is “comparative fault.
- Some of the most common types of unsafe driving that constitute fault in Mississippi car accident lawsuits include:
- Speeding
- Drunk driving
- Illegal turns
- Running stop signs/red lights
- Tailgating
- Drowsy driving
- Distracted driving
- Failure to observe right of way
- Unsafe lane changes
- There are a few situations where fault may not be disputed. The most common situations include
Mississippi car crashes in which one driver rear-ends another driver, or a driver makes a left turn at an intersection when the other vehicle is proceeding straight through a green light.
Because insurance companies aggressively dispute the issue of fault in Mississippi car accident cases, it is important to seek an experienced Mississippi car accident lawyer who may be able to preserve critical evidence and develop a compelling theory of liability. The experienced Mississippi motor vehicle accident attorneys at Barrett Law have been providing effective representation to Mississippi auto accident victims for over 75 years. We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.