Dealing With an Uninsured Driver after an Accident in Mississippi

Having an accident any time is distressing, but if you are involved in an accident in which the other driver appears to have no insurance, it can cause even more anxiety. Although most all states require minimum amounts of liability insurance to be carried by all drivers, it is estimated that a minimum of fifteen percent of auto owners in the United States do not. This translates into a one in seven chance that the person who just ran into your car is uninsured.

This is a nationwide statistic, and doesn’t reflect those states who have an even higher rate of uninsured drivers—if you live in one of those states the risk of being hit by an uninsured driver is even higher. In a typical auto accident the insurance companies of both parties get involved, and whether there is a settlement or the case goes to litigation, the prevailing party will be paid damages. If you are dealing with a person who has no insurance, however, you may find it extremely difficult to obtain the compensation you deserve and greatly need, however there are remedies available to you to help get the compensation from the responsible party.

Following an Accident with an Uninsured Driver

If you’ve been in a car collision only to find out the other driver is uninsured, don’t feel like it would be pointless to call the police or your insurance company. In fact these steps are even more important in this situation. In many states if the damage to the vehicles was more than $500—and that can be the smallest scratch—you must report the accident or risk getting into trouble. In any case, document as much information about the person who ran into you as possible so you will be able to contact them if you need to. If they show you an expired insurance card, write down the information so you can contact the insurance company and confirm it has actually been cancelled.

Why Drivers May Not Be Insured

In most cases, an uninsured driver doesn’t carry auto insurance because they don’t have the financial resources to do so, which also means that pursuing legal action against the uninsured motorist could be futile—if they don’t have the money to purchase auto insurance they probably also don’t have the financial means available to compensate you even if you get a judgment against them. Your attorney can be the very best source of advice and information in such a situation and can explore all your options and let you know if pursuing the uninsured driver is a worthwhile endeavor, or if you should explore other options.

Uninsured Motorist Coverage

Many states require all residents to carry uninsured motorist coverage on their own insurance policy. Although you may have been annoyed that you had to pay a premium for the irresponsibility of others, you could be very glad, now, that it was required. If you have uninsured or underinsured coverage on your automobile policy, then you may be able to recover your damages from your own insurance company. Because insurance policies are notoriously difficult to decipher, contact an experienced car accident attorney and have them take a look at your policy to determine whether you may be able to file for damages through your own insurance company. A knowledgeable attorney may also be aware of insurance coverage you are not which will help pay for your injuries and damages.

If you don’t already carry uninsured motorist coverage, have it added to your policy. This type of insurance rarely costs much—so little in fact that you will likely hardly notice it—but it can be invaluable in a situation where an uninsured motorist crashes into you, leaving you with serious injuries and damages.

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Claims and Defenses Following a Car Accident in Mississippi

After you’ve been involved in an automobile accident, and filed all the necessary paperwork, you may be stunned to find the other party—or their insurance company—asserting they were not at fault, or, worse, that you were at fault. If what you thought was going to be a simple claim process has suddenly gone south, you will need some information about the process in order to determine what to do next.

The Defendant Asserts No Negligence Was Involved

Perhaps you have filed your claim under the belief the other person was either reckless or negligent, and he or she is now asserting they behaved in the same manner as any judicious person would have. The plaintiff (you, if you filed the suit) must prove negligence as a prerequisite to collecting damages, therefore if the defendant can show that his actions were completely normal and reasonable, your claim may die a slow death.

The Defendant Asserts That You Were the Negligent Party

If the defendant asserts that any of the negligence involved in the accident was yours, then he has created a certain level of defense, at least in the handful of pure contributory negligence states. Comparative fault regulations are generally the standard in most states, however, so this will not often work as a defense. In contributory negligence states, if any of the fault for the accident was yours, then it can be argued that your own negligence was also a factor in the accident thereby barring your right to recover any damages from the other driver.  In the comparative fault states, there will generally be a rule in place that allows you to sue if the other driver was at least more than fifty percent responsible.

The Defendant Asserts You Didn’t Fully Prove Your Case

As the plaintiff you have the weight of demonstrating negligence on the part of the other driver as well as proving that negligence caused you specific harm. In our system, defendants don’t have the responsibility of proving they are not responsible for an accident. If you are unable to prove the foundations of the case, then the other driver can be judged not liable.  It’s very important that you or your lawyer have all elements of your case firmly in place before it ever goes to trial, or you may find yourself unpleasantly surprised.

The Defendant Asserts Your Injuries are Not Real

If the other driver claims you are exaggerating your injuries from the accident simply for the sake of collecting compensation—and is able to successfully prove this assertion—he may be able to walk away without any responsibility for your accident and resulting injuries. Ensure you are able to prove your injuries are medically factual through doctor’s reports, hospital reports and any paperwork pertaining to medications you are on as a result of the accident.

In twelve specific states, a car accident lawsuit may only be brought if your injuries are deemed “serious” under the specific rules of the state. The theory in this law is to prevent the filing of lawsuits for relatively “minor” accidents. However, if you have suffered a “minor” injury as the result of a car accident, and that injury is causing you considerable amounts of pain, medical bills and time away from work, you may disagree with your state’s definition of “minor.” Because this process can be incredibly complex, and because you don’t want to end up in court only to have the defendant claim any of the defenses above, it is crucial that you hire an experienced personal injury attorney who will be aware of the laws in your specific state.

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Frequently Asked Questions Following a Car Accident in Mississippi

First and foremost, you are likely wondering if you have a good, solid case for recovery following your accident with injuries. The answer to this question depends on a variety of questions you must ask yourself and answer honestly. It could be very beneficial to discuss your case with a personal injury attorney who is highly skilled in your particular type of accident (i.e.; if you were hit by an 18-wheeler, you need an attorney who is very familiar with the specific issues surrounding such an accident, likewise for a motorcycle accident, multi-car accident or any other type of accident which come with special circumstances).

How Do My Injuries Factor In?

Were you injured, and if so, how severe were your injuries? Have you been rendered unable to work due to your injuries, or do you have piles of medical bills for the injuries you received which you are unable to pay? Was it directly another person’s fault that you were injured? Did the negligent party have insurance at the time of the accident, or is your insurance going to have to pick up the tab? Are you within the statute of limitations, or has too much time passed? A knowledgeable personal injury attorney can help you answer each of these questions in a way which will tell you whether you have a good case or not.

How Long Will My Case Take?

All people who are considering filing a personal injury claim are concerned about how long the case will take. Again, the answer to this question will depend on a number of factors such as whether or not you’ve completed your medical treatment or have considerably more surgeries, therapies or rehabilitation to complete. If there is an insurance company involved, are they accepting liability or denying your injuries and damages?  If the insurance company is not accepting liability, you would have little choice but to sue for damages, however this could take considerably more time.

The reason most of us want to know how much time the case could take is that we dread the thought of appearing in court, and having our lives filled with uncertainty while the case drags on. Unfortunately, there is just not one stock answer for how long your case could take. Having a personal injury attorney in your corner who has considerable experience in cases like yours can certainly make the case go much more quickly.

Will I Have to Go to Court in Order to Get a Settlement?

Nobody wants to go to court, and almost everyone considers sitting on the witness stand answering questions by opposing counsel to be one of life’s more anxiety-provoking experiences. In reality, very few personal injury cases ever make it to trial. This is true for several reasons; the attorney on the case may realize the case could be lost at trial and recommend settling for an offer that can be live with, or many people simply don’t want to spend the time and money a trial would involve, choosing to accept a reasonable settlement instead.

Fear of the unknown is also a big motivator in convincing people to accept a settlement offer rather than going to court. Juries are well known for being predictable—they may be unsympathetic to your injuries or may decide to really stick it to the person responsible for the injuries. Unfortunately, it can take years for a case to finally see a courtroom, and even longer to collect a multi-million dollar verdict.

Other Questions

If you are wondering how long you have to sue, be aware that the statute of limitations varies widely from type of claim as well as jurisdiction, so be sure to ask for advice from your attorney about where you are in the allowed time frame. Even if your injuries are healed, you may be able to successfully sue for injuries you sustained in your auto accident. If you refused to be transported via ambulance to an emergency room this may make your case more difficult, but it definitely does not mean you don’t have a case.

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Mississippi Car Accidents Caused by Tire Defects

Auto accidents from tire defects are more common than most people realize.  Every year, more than 15,000 vehicle accidents are due to blowouts involving defective tires. Sometimes these accidents result from failure to replace worn out tires or to maintain proper tire pressure. However, all too often tire blowout accidents are caused by the defective manufacturing of the vehicle or use of substandard materials.

When tires blowout, it typically is due to the shredding of the tread layers.  When investigations are conducted on car accidents that are believed to be due to tire defects, the investigators will inspect the steel and rubber in steel belted radials to determine if they are properly bonded together.  If the bonding process fails, this creates a serious risk of car accidents caused by tire blowouts.  A number of tire manufacturers have had their tires recalled because of tread separation due to design or manufacturing defects.  When tread separation occurs it can cause the tire to blowout or make the vehicle very difficult to control.

Another issue that can cause tires to be defective is if the material used in the manufacturing process is contaminated with objects like sawdust, candy wrappers, and cigarette butts.  If the size of the material does not match the size of the tire or if air is found between the layers of the tire, a blowout may result.

Tire and car accident lawyers have a legal obligation to produce tires that are free from defects that may cause injury to motorists.  Businesses that manufacture and distribute tires may cut corners in the production process to increase profits.  In recent years, there have been a number of defective product lawsuits in which tire manufacturers have been found to have produced defective tires that caused serious tire blowout accidents or accidents where drivers lost control of the vehicle.  Rollover accidents can be particularly dangerous often resulting in roof crush injuries or vehicle ejections.  When either situation occurs, the likelihood of catastrophic injuries or wrongful death is substantial.

Along with tire manufacturers, car makers can also be liable for car accidents caused by defective tires including tire blowout accidents. It is their duty to make sure that every part of the car is free of defects and safe to drive.  The vehicle manufacturer may be liable even if the manufacturer claims that the car has been inspected and is in good condition.

If you or your loved ones are involved in a Mississippi car accident, the experienced Mississippi car accident lawyers at Barrett Law Office PLLC diligently pursue the rights of those who suffer injured caused by the negligence of others.  If your Mississippi car accident was caused by a tire blowout, we can perform an investigation to see if it was due to defective tires.  The Barrett Law Office PLLC has roots that date back over 75 years providing diligent and compassionate legal representation to Mississippi auto accident victims.  Call us today for a free initial case evaluation at (662) 834-2376.

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Rural Areas in Mississippi May Pose Greatest Risk of Serious Car Crashes

Most people presume that the greatest risk of being involved in a serious car accident is in the biggest cities within Mississippi because of increased traffic congestion.  This belief is the reason many drivers speed in rural areas because they have a false sense of security about the likelihood of being involved in a collision because there are fewer vehicles on the road.  Ironically, these intuitive feelings that many have are not supported by auto accident data.  Car accidents are more common in rural areas and the resulting injuries from such accidents are also more severe.

Although only about a quarter of the U.S. population lives in rural areas, these areas account for well over half of all auto accidents in the U.S according to data from the National Highway Traffic Safety Administration (NHTSA).  There are a number of reasons that may contribute to this counterintuitive result including the following:

  • Drivers in rural areas tend to drive at higher rates of speed
  • An Increased risk of alcohol impaired drivers in rural areas
  • Drivers in rural areas may be less attentive or vigilant
  • Rural areas may promote driver fatigue or drowsy drivers

Speeding is a substantial risk factor linked to the increased accident risk in rural areas. The lack of traffic congestion in rural areas is a double-edged sword.  While there are fewer drivers and vehicles with which to contend, the average speed of traffic is greater meaning that drivers can more easily lose control of their vehicle and have less response time when confronted with a potential auto accident hazard.  According to NHTSA data, speeding was a significant factor in 33% of all rural car accidents.

Drivers who operate their vehicle while under the influence of alcohol also play a major part in the high accident rates associated with urban areas.  Alcohol was a factor in 13 percent more rural accidents then accidents in urban centers.  Because high rates of speed and alcohol impaired driving are common causes of accident fatalities, it is hardly surprising that 57 percent of fatal car accidents occur in rural areas though only 23 percent of the U.S. population resides in rural area.

The sparse volume of traffic and extended stretches with little need to alter speed or direction on rural stretches of roadway can lead to inattention or fatigue.  Because drivers must be alert because of traffic congestion and obstacles in urban centers they are more likely to remain alert and sharp for potential hazards.  This is supported to some degree by data that shows night driving also is more dangerous in rural areas. If you or a loved one has been injured or you have lost a loved one in a Mississippi car accident, the experienced Mississippi car accident lawyers represent clients throughout Mississippi so call us today for a free no obligation initial case evaluation at (662) 834-2376.  Our law firm has roots that reach back over 75 years helping car accident victims in Mississippi just like you.

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Study of Cell Phone Bans while Driving: The Surprising Results

Distracted driving is widely acknowledged to be a leading cause of serious car crashes.  Mississippi like many states has passed legislation to reduce the risk of distracted driving car accidents caused by cell phones.  Mississippi prohibits text messaging while driving among new drivers with a learner’s permit, intermediate or temporary license.  Many other states have far more extensive bans on cell phone use while driving including bans on texting for all drivers or hands free calling only limitations.

While it was generally presumed that such legislative efforts would reduce cell phone related car accidents.  These assumptions are now being called into question based on the results of a surprising new study indicating that current hands free cell phone laws have not been effective in preventing auto accidents caused by mobile phones.  According to the results of the study, bans on cell phone use and texting while driving also have not resulted in a reduced risk of car accidents.

The study revealed that cell phone bans have not had a significant impact on auto accident rates despite declines in cell phone use while driving.  While the study authors are not suggesting changing the laws designed to limit mobile phones while driving, they are suggesting that states without cell phone bans avoid enacting new laws until further research can be conducted regarding the relationship between mobile phone use while driving and car crash rates.

The results of the recent study confirm prior research suggesting that cell phone bans do not prevent distracted driving accidents.  A prior study conducted by the Highway Loss Data Institute looked at cell phone related car accidents prior to and following cell phone bans in California, Connecticut, the District of Columbia and New York.  The study also revealed that there was not a significant change in the fluctuation of auto accident rates before or after the ban in the states that enacted the bans or neighboring states without bans.

The researchers in both studies are puzzled by the results of the studies.  There is wide agreement that cell phone bans result in a sharp decline in cell phone use while driving.  It is also widely agreed that there is a strong correlation between cell phone use while driving and car accidents.  Some have speculated that the bans have not resulted in fewer auto accidents because drivers simply switch to hands free calling.  However, studies have indicated that there does not appear to be in any difference in accident rates in states with hands free cell phone use laws.

While the results of this study are somewhat confounding, distracted drivers cause many Mississippi car accidents.  The recent study also revealed that drivers are distracted as much as 50 percent of the time.  If you have been injured by a distracted driver in Mississippi, the experienced Mississippi car accident attorneys at Barrett Law Office offer a free no obligation initial consultation so call us today at  (662) 834-2376.

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Delayed Symptom Injuries in Mississippi Car Accidents

The tell-tale symptoms of car accident injuries sometimes are not that apparent at the time of your Mississippi car accident, which can lead you to believe you have “minor” injuries or that you are not injured at all. This can result in two negative outcomes. Your health can be in danger because you may suffer long-term damage that would not have occurred if your injuries were diagnosed promptly, and you can lose your ability to recover for damages from a responsible party.

When you are involved in a Mississippi car accident, it is important to seek medical attention no matter how minor you consider your injuries.  Soft tissue damage that results from trauma such as whiplash may not even make itself manifest until days or weeks later. This tissue damage can become a much more serious problem if not treated correctly. The inflammation that will set in due to such damage can cause swelling and muscle spasms that develops into soreness, stiffness, numbness, headaches and other physical manifestations.

Sometimes it can be more than just soft tissue that is damaged such as an injury to nerves or ligaments.  Most people don’t understand that these types of injuries take a long time to heal, and sometimes can produce scar tissue that will need to be manipulated by a specialist so that the injury does not heal this way impeding further movement later.  Treatment that is given for these injuries is often downplayed, or people are just given pain medications to mask the symptoms and provide pain relief.  These methods will not address the problem over the long-term and can end up causing future difficulties and pain.

Other types of injuries that can have delayed symptoms are head injuries, spinal injuries, and shoulder injuries.  A person does not have to be driving fast when they are in a Mississippi car accident to suffer these injuries either. Sometimes a car will not even be damaged, and it will be easy to brush the auto accident off as no big deal.  This can be a grave mistake. Seeking medical attention and awareness of what your body is doing in the subsequent hours after a Mississippi car accident is important.

Symptoms that victims of auto accident in Mississippi should be aware of include the following:

  • Headaches
  • Problems with your vision
  • Pain and inflammation
  • Numbness or tingling in body parts
  • Dizziness
  • Fatigue
  • Irritability

It is important to seek out the advice of an experienced Mississippi auto accident attorney if you think you have sustained injuries in a car accident anywhere in Mississippi.  Many insurance carriers dismiss the seriousness of injuries and take the position that an auto accident victim is either faking or exaggerating his or her injuries. Insurance adjusters love to use insulting phrases like “low impact” collision as they make inappropriate settlement offers far below the real value of an injury victim’s claim.

Our Mississippi auto accident law firm offers a free initial case evaluation so call us today at (662) 834-2376.

If you are injured or a loved one’s life is tragically taken in an Mississippi car accident, the Mississippi car accident lawyers at the Barrett Law Office work hard and give its best efforts to obtain the full value of our client’s claim as we have been doing for car accident victims throughout Mississippi since 1933.

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Mississippi Car Accidents Caused by Inadequate Lighting

A lack of proper lighting on roadways in many urban areas and heavily traveled freeways can be highly dangerous to navigate at night. Without adequate lighting, pedestrians and motorists would certainly face many more challenges sharing Mississippi roadways without injury or death occurring.

The purpose of roadway lighting is to promote the safe movement of drivers and pedestrians at night so as to avoid accidents. Vehicle lights often are inadequate for drivers to safely navigate their surroundings or provide sufficient aid in avoiding collisions.  When roadway lighting is proper, it enables motorists and pedestrians to see quickly, distinctly and with certainty all significant obstacles and the road alignment ahead.

Inadequate lighting can cause Mississippi auto accidents because drivers are unable to see blind curves, bad grading on roads, a lack of barriers in the center or on the sides of the road, steep shoulders and unlit intersections.  Poorly lit rural roads are the site of 60 percent of fatal accidents in our country.  Lighting that is used on roads can be broken down into 4 separate categories:

  • High-Mount Lighting: These fixtures are designed to illuminate the sidewalks and streets of an area and are normally about 20-30 feet tall.
  • Medium-Mount Lighting: These fixtures are designed to help illuminate sidewalks at even a closer level. They are normally about 8-15 feet tall.  They are usually decorative and fit in with the design of the local area.
  • Low-Mount Lighting: These fixtures are designed to caution people regarding a specific obstruction or potential hazard and illuminate areas of interest on the street.
  • Focal Point Lighting: These are fixtures that illuminate special points of interest. They light up works of art or billboards.

Inadequate lighting that is common in rural stretches of roadway can result in car accidents that cause catastrophic injury or wrongful death.  Despite a far lower volume of traffic in rural areas, these less traveled road typically have much higher auto accident rates in Mississippi and throughout the U.S.  These roads often have long dark stretches with virtually no lighting.  The lack of traffic and residential or commercial development can make these areas completely absent of lighting that permits drivers to navigate upcoming curves or obstructions in the roadway.  This complete lack of lighting also creates a substantial risk of trip and fall accidents for pedestrians.

If you or a loved one has been injured or killed in an accident that was due to inadequate lighting on the roadway, we invite you to call our Mississippi personal injury law office today.  Public entities may be responsible for a lack of proper lighting.  Our experienced Mississippi car accident lawyers conduct a thorough investigation of our clients’ Mississippi car accident cases to identify all possible negligent parties including other drivers, public entities and defective vehicle manufacturers.

Our origins fighting for the rights of Mississippi car accident victims were established in 1933.  If you or your loved ones have been injured in a Mississippi car accident or your loved one has been the victim of wrongful death, we offer a free case evaluation so call Barrett Law Office PLLC at 662-834-2376.

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Do I Really Need a Mississippi Car Accident Attorney?

Most people are completely unprepared when they are involved in a car accident in Mississippi.  This is unfortunate because the actions that you take immediately following a Mississippi auto accident can have a significant impact on the likelihood of pursuing a successful personal injury claim as well as the amount that you recover for your injuries.  While it is not always essential that you have an attorney handle your Mississippi auto accident claim, it is important that you obtain legal advice from an experienced Mississippi car accident lawyer.

It is also important that you seek medical treatment and evaluation if you suffer even minor injuries.  Minor symptoms are frequently a sign of serious injuries that only become completely apparent much later.  Even though you may not need to retain an attorney for some car accidents, it is critical to obtain legal advice during a free initial consultation before making this determination.  Some of the factors that may be relevant in dictating whether you need an attorney include:

  • If the other driver was cited and paid the ticket (i.e. how clear is liability)
  • If you have a property damage claim for your car only
  • If you sustain very minor injuries as confirmed by a physician
  • If you don’t mind doing paperwork and working directly with insurance companies
  • If your case is uncomplicated
  • If your educated about your rights when it comes to insurance claims

When your accident involves serious injuries or the fault of the accident is in doubt, then it is very risky to proceed without an experienced Mississippi car accident lawyer.  It is rarely if ever the case that a person will recover more dealing directly with the insurance company directly.  Insurance companies make money by paying as little as possible on auto accident claims or by denying claims entirely.  They handle a myriad of car accident claims everyday and have teams of accident experts and attorneys so you are at a distinct disadvantage dealing directly with insurance companies.

A person can damage their claim by disclosing the wrong information to an insurance adjuster.  It is always advisable to let an attorney who can distinguish helpful from damaging information negotiate with insurance carriers.  Sometimes insurance company may request that you sign papers or that you provide a recorded statement.  You should never agree to sign anything or provide a statement to the insurance company without seeking legal advice.  This statement is for the sole purpose of gathering evidence to deny or minimize the value of your claim.

An additional benefit to retaining a Mississippi car accident attorney is that our law firm may be able to reach a settlement with the other party without the hassle of going to court.  Because insurance companies know that they have a huge advantage when dealing with someone who is not represented by counsel, they are much less likely to offer a fair settlement if you do not have an attorney.  While the insurance company may offer to settle the case, the offer will typically be for far less than the value of the claim.

When assessing the cost of retaining a Mississippi car accident lawyer, it is also important to assess the likelihood of recovering substantially less on your claim.  The average layperson has no idea how to assess the value of non-pecuniary damages like pain and suffering.  A common tactic used by insurance companies when processing a claim by a party without an attorney is to delay the process.  The insurance company may ask you to provide additional unnecessary information or offer a lowball settlement simply to drag out the process.  The insurance company understands that the longer the claim is pending the greater your medical bills and lost wages if you are off work.  Many times those who are not represented by an attorney following a car accident in Mississippi end up settling out of financial desperation because their personal bills and medical expenses are mounting with little progress toward a fair settlement.

If you are seriously injured, then you are going to need to devote your time and energy to your recovery rather than running around trying to resolve legal matters and fighting with insurance companies.  Our experienced Mississippi car accident lawyers can handle your insurance and legal issues so that you can focus on your recovery.  If you are involved in a car accident anywhere in Mississippi, we invite you to contact the auto accident attorneys at the Barrett Law Office PLLC to learn how we can help.

We have seen the consequences when victims come to us after settling with an insurance company only to realize they have serious injuries that were not apparent at the time of settlement.  We have also seen the negative consequences of speaking to the insurance company and waiting too long to contact us so that valuable evidence disappears and the insurance company uses these statements to avoid or mitigate damages.  You have nothing to lose by coming to see us for a free consultation and everything to gain so call us today at (662) 834-2376.

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Passenger Liability for a Mississippi Auto Accident

There are situations where creative legal theories are necessary because of a lack of insurance or ability to recover against a party that is responsible for a car accident.  What few people realize is that sometimes a passenger in the vehicle operated by the negligent driver may also be liable for an accident.  This is important in cases where the driver is uninsured or underinsured.  While you may be able to take advantage of uninsured/underinsured motorist coverage in such situations, you may alternatively be able to seek recovery against the vehicle passenger.  A passenger is not liable simply because the passenger is in the vehicle with a negligent driver or that they share a common goal such as a leisure outing.  There must be either specific conduct by the passenger that contributed to the accident or one of the following situations:

  • Agency Relationship: This may arise where the passenger owns the vehicle and asks the driver to take the passenger to a destination.  Another situation where there might be liability based on an agency relationship is where the passenger instructs the driver to take certain risks like speed, and the driver has been engaged to transport the passenger.
  • Employment Relationship: If the driver is actually the employee of the passenger, the employer may be liable based on the doctrine of respondeat superior (literally “let the employer answer”).  An employer may be liable for negligence of an employee if an accident occurs in the scope of employment.  If the trip was in anyway business related, the passenger (employer) may be liable.
  • Vehicle Owner: If the passenger of the vehicle also owns the vehicle and lets the driver operate the vehicle when the passenger knows or should know that the driver is either to immature or an otherwise unsafe driver, the passenger may be liable based on negligent entrustment.

A passenger may be liable when a relationship like one of those described above exists or the passenger engages in activity that actually contributes to the accident.  Examples of conduct where a driver may be negligent might include encouraging the driver to drink and drive, telling the driver that is safe to back up when it is not safe and distracting the driver from concentrating on the roadway or obstructed the driver’s view.

While the driver is usually the liable party, this is an example of how a Mississippi auto accident attorney may have to be especially diligent in identifying other responsible parties if the driver does not have insurance or is underinsured.  At the Barrett Law PLLC, our experienced auto accident attorneys have been helping auto accident victims seek compensation for personal injury and wrongful death with roots dating back 75 years.  We offer a free initial case evaluation so contact us today at 662-834-2376.  No Recovery No Fee!

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