Sometimes when you are involved in a car accident in Mississippi, there can be challenges in terms of identifying a viable responsible party to compensate you for your injuries. If a careless driver runs a red light and slams into your vehicle, the drive may lack insurance and possess no viable assets from which to pay a personal injury judgment. Alternatively, the at-fault driver might even flee the scene, and despite careful investigation, it may be impossible to identify the responsible driver. Sadly, some people simply give up when they learn that the other driver cannot be identified or does not have insurance. Our Mississippi accident attorneys have successfully assisted many car accident victims facing this difficult situation. There are a number of effective strategies that can be employed when the most obvious at-fault party (i.e., the other driver) is not a viable defendant. We have provided an overview of strategies that we may successfully employ to identify a viable defendant to facilitate the fullest recovery in these situations.
Liability of Other Parties
Frequently, there is a third-party that also might have contributed to your car accident. Depending on the facts and circumstances of your case, a wide range of third-parties might be liable for your injuries. If the person who was at fault in your accident was performing a work-related function, the company that employed the driver may be responsible for your injuries. These cases can be complex because the employer typically will dispute whether the particular tasks that the driver was engaged in were within the scope of employment. It is not necessarily dispositive that the task occurred after hours or even that the employee voluntarily decided to undertake the errand.
Even if the driver does not have insurance, the owner of a car who entrusted the driver with the vehicle may be liable for your injuries. When someone entrusts their vehicle to a motorist who lacks the maturity, competence, or responsibility to drive safely, he or she may be liable for negligently entrusting a vehicle to a third-party. For example, vehicle owners who lend their car to a friend they know has a history of driving under the influence of alcohol or a pattern of past traffic accidents can be liable for crash-related injuries
Other parties that might be liable for your injuries include public entities, which may have designed or maintained a defective roadway, and vehicle manufacturers that produce a defective automobile. Our experienced Mississippi car accident attorneys routinely explore the possibility of liability of a public entity or vehicle manufacturer, but this is especially important when the at-fault driver is not a viable defendant. Public entities that know or should know of dangerous roadway conditions may be liable for failure to make a roadway safe or failure to provide adequate warnings of potential hazards. An automaker that produces a defective vehicle also can be liable for your injuries if the defective component contributed to your car accident.
Uninsured Motorist (UM)/Underinsured Motorist (UIM)
If there is no other viable party against whom you may recover for your injuries, our Mississippi car accident attorneys can explore filing a claim against your own uninsured motorist (UM) or underinsured motorist (UIM) coverage. Uninsured motorist coverage is optional supplemental insurance coverage that provides compensation for some of the types of damages you might recover from a negligent driver if you are involved in a hit-and-run accident or an accident with an uninsured driver. Uninsured motorist coverage is typically available for a relatively modest additional premium and can be invaluable if you find yourself involved in a serious car accident with no viable defendant to compensate you for your injuries.
Underinsured motorist coverage is slightly different in that it provides additional compensation if the defendant does not carry enough insurance coverage to compensate you for all of your loss. If you are faced with this situation, underinsured motorist coverage can provide additional compensation on top of the insurance coverage of a negligent driver.
Anytime you are involved in a car accident in Mississippi, you may face challenges in identifying a viable defendant with sufficient insurance to compensate you for all of your loss. Our law firm offers a free initial consultation so that we can evaluate your claim. Contact the qualified Mississippi Auto Accident Attorneys at Barrett Law, PLLC today at 800.707.9577 to schedule your free consultation.