When car accident victims are involved in a collision in Mississippi, they often face challenges in identifying a viable responsible party to sue. A motorist who slams into you from behind might lack sufficient insurance coverage to compensate you fully for your losses. Alternatively, the at-fault driver might even flee the scene. Despite an exhaustive investigation, many car accident victims cannot track down the driver responsible for their injuries even with assistance from law enforcement officers.
Tragically, some injury victims simply give up when they learn that the other driver cannot be identified or does not have insurance. Our experienced Jackson County car accident attorneys at Barrett Law have successfully assisted many car accident victims facing this difficult scenario. This blog discusses some effective strategies for dealing with a situation where the most obvious at-fault party (i.e. the other driver) is not a viable defendant.
Liability of Other Parties
Third-parties (i.e. not a driver of either vehicle) often play a role in causing a 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 employs the driver might be responsible for your injuries. These cases can be complex because the employer often disputes whether the particular tasks that the driver was performing at the time of the crash were within the scope of employment. Mississippi law does not make it dispositive that the task occurred after hours or even that the employee voluntarily decided to undertake the errand.
An owner who entrusted the negligent third-party with the vehicle also might be liable for a crash victim’s injuries. When people entrust their vehicle to a person who lacks the maturity, competence, or responsibility to drive safely, they can be liable for negligently entrusting a vehicle to a third-party. For example, a vehicle owner might lend his car to a friend who the car owner knows has a history of driving under the influence of alcohol or a pattern of past traffic accidents. The imprudent decision to provide a vehicle to a driver with this background could provide a basis for imposing liability on the vehicle owner.
Another party that might be liable for your injuries includes a public entity that designed or maintained an unreasonably dangerous roadway. Our experienced Mississippi car accident attorneys always explore the possibility of liability of a public entity, but the potential liability of a municipality, county, or the State of Mississippi is especially important. Public entities that know or should know of dangerous roadway conditions can be financially responsible for failure to make a roadway safe or failure to provide adequate warnings of potential hazards. Special requirements and deadlines apply when suing the government, so you should seek prompt legal advice from an experienced Jackson auto accident attorney.
An automaker that produces a defective automobile also might be liable for your injuries if the defect contributed to your car accident. Companies that design, manufacture, or sell motor vehicles and their components can be liable for product defects that contribute to a collision. Since you are seeking damages against large companies in this situation, you should talk to a personal injury attorney with a proven track record in lawsuits against large corporations.
Uninsured Motorist (UM)/Underinsured Motorists (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 uninsured motorist UM coverage. Uninsured motorist coverage is optional supplemental insurance coverage that can provide compensation 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 when the at-fault party does not carry enough insurance coverage to compensate you for all of your loss. Your underinsured motorist coverage can provide additional compensation on top of the insurance coverage of a negligent driver.
If you are in a Mississippi auto collision caused by an uninsured or underinsured driver, our Mississippi Car Accident Lawyers have successfully represented many crash victims. At Barrett Law, we are here to help. Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.
