Car accidents in Mississippi often leave victims dealing with severe injuries, costly medical bills, lost income, and emotional distress. When filing a claim, one of the biggest concerns is determining who was at fault and how that impacts the amount of compensation a victim can receive.
Mississippi follows a comparative fault rule, which means that even if a victim shares some responsibility for the accident, they may still be entitled to financial recovery. However, the percentage of fault assigned to each party affects the amount of compensation awarded.
At Barrett Law, PLLC, we help car accident victims and their families across Mississippi fight for the maximum compensation they deserve. Jonathan Barrett, a Mississippi car accident attorney, has decades of experience handling complex personal injury claims and ensuring that insurance companies do not unfairly shift blame onto victims. If you or a loved one has been injured in a car accident in Mississippi, we are here to help.
What Is Comparative Fault in Mississippi?
Mississippi follows a pure comparative fault system (Miss. Code Ann. § 11-7-15), which allows injured parties to recover damages even if they are partially at fault for the accident.
How Comparative Fault Works
- Each party involved in an accident is assigned a percentage of fault based on the evidence.
- The compensation awarded is reduced by the victim’s percentage of fault.
- Even if a victim is 99% at fault, they can still recover 1% of their damages.
Example of Comparative Fault in Action
Suppose a car accident results in $100,000 in damages:
- The victim is found to be 20% at fault for speeding.
- The other driver is 80% at fault for running a red light.
- The victim’s compensation is reduced by 20%, so they receive $80,000 instead of the full $100,000.
Unlike modified comparative fault states (where victims cannot recover if they are more than 50% at fault), Mississippi’s pure comparative negligence system ensures that victims can still receive compensation, no matter their level of fault.
Who Is Affected by Comparative Fault?
Comparative fault applies to anyone involved in a car accident, including:
- Drivers – If multiple drivers are involved, each party’s responsibility is assessed.
- Passengers – In some cases, passengers may be assigned partial fault if their actions contributed to the accident (e.g., distracting the driver).
- Pedestrians & Cyclists – If a pedestrian crosses outside of a crosswalk or a cyclist fails to obey traffic laws, they may be partially at fault.
- Motorcyclists – Insurance companies often try to place a portion of fault on motorcyclists due to biases against them.
At Barrett Law, PLLC, we build strong cases for victims to minimize their assigned fault and maximize their compensation.
How Fault Is Determined in a Mississippi Car Accident
Fault is determined by evidence and accident reconstruction, including:
- Police Reports – Law enforcement investigates the scene and assigns initial fault in their report.
- Witness Statements – Testimonies from bystanders can help establish who was at fault.
- Traffic Camera Footage – Video evidence may show the actual sequence of events.
- Vehicle Damage Analysis – The location and severity of vehicle damage can indicate who caused the collision.
- Expert Testimony – Accident reconstruction experts can provide professional opinions on liability.
Insurance companies often try to shift blame onto victims to reduce payouts. Having an experienced car accident lawyer is crucial to counter these tactics and prove who was truly at fault.
Common Situations Where Comparative Fault Applies
1. Rear-End Collisions
- The driver who rear-ends another vehicle is usually at fault, but if the front driver suddenly brakes or has faulty brake lights, they may share responsibility.
2. Intersection Accidents
- If two vehicles collide in an intersection, both drivers may be at fault if one ran a red light and the other was speeding.
3. Multi-Vehicle Pileups
- Determining fault in chain-reaction crashes is complex, as multiple drivers may be partially responsible.
4. Hit-and-Run Accidents
- If the victim was partially responsible for the crash but the at-fault driver flees, comparative fault still appliesonce the responsible driver is identified.
5. Drunk Driving Accidents
- Even if a driver was intoxicated, a victim’s actions (e.g., texting while driving) may reduce their settlement.
Every case is different, and proving liability requires a strong legal strategy.
Practical Tips to Protect Your Car Accident Claim
If you are involved in a Mississippi car accident, follow these steps to protect your rights:
- Call 911 Immediately – Ensure a police report is filed, as this is critical evidence in determining fault.
- Do Not Admit Fault – Even apologizing can be misconstrued as an admission of liability.
- Gather Evidence at the Scene – Take photos of the vehicles, road conditions, and any visible injuries.
- Get Medical Attention – Even if you feel fine, injuries may take days to appear.
- Speak to an Attorney Before Talking to Insurance Companies – Insurers may try to shift blame onto you to reduce payouts.
At Barrett Law, PLLC, we handle every step of the claims process to ensure our clients receive full compensation.
Frequently Asked Questions About Mississippi’s Comparative Fault Rule
Can I still recover damages if I was mostly at fault for the accident?
Yes. Under Mississippi’s pure comparative fault rule, you can recover compensation even if you were 99% at fault. However, your settlement will be reduced based on your percentage of fault.
How do insurance companies determine fault in a car accident?
Insurance adjusters review police reports, witness statements, accident scene photos, and expert opinions to determine fault. However, they often try to shift blame onto victims to lower payouts.
What should I do if the insurance company says I was partially at fault?
Never accept fault without speaking to a lawyer. Insurance companies use tactics to minimize payouts. An attorney can challenge unfair fault determinations and fight for the maximum settlement.
Does Mississippi’s comparative fault rule apply to wrongful death car accident claims?
Yes. If a loved one was killed in a car accident, comparative fault still applies, and their family can recover damagesbased on the deceased’s level of responsibility.
Can a pedestrian or cyclist be held partially at fault for an accident?
Yes. If a pedestrian jaywalks or a cyclist ignores traffic laws, they may be assigned a percentage of fault, reducing their compensation.
How can a car accident lawyer help me in a comparative fault case?
A lawyer gathers evidence, challenges unfair fault assignments, negotiates with insurance companies, and fights for maximum compensation in court if necessary.
Injured or Lost a Loved One in a Car Accident in Mississippi? Call Mississippi Car Accident Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
Mississippi’s comparative fault rule can significantly impact the compensation you receive after a car accident. If you have been injured in a crash, you need an aggressive attorney to protect your rights and challenge any unfair blame assigned to you.
At Barrett Law, PLLC, we serve clients across Mississippi, including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon.
Call (601) 790-1505 today for a FREE consultation—available 24/7/365. Let us fight for the compensation you deserve.