An investigation typically starts soon after an auto accident occurs, which aims to establish and allocate fault, determining whether claimants can recover damages and how much. In some circumstances, another party and their insurer may fight a motorist’s assertions that they caused an incident and claim the driver contributed to the collision taking place; however, a partially at-fault motorist may still be able to recover losses by filing a lawsuit due to the law of comparative negligence, which leads to a division of damages between plaintiffs and defendants in proportion to relative liability. Learn about comparative negligence in Mississippi, and discover how a seasoned Mississippi car accident attorney from Lott Law can help drivers file a partial fault accident claim; call (228) 215-2787 to arrange an initial consultation.
Understanding Comparative Negligence in Mississippi
Mississippi utilizes a comparative negligence system in personal injury lawsuits, and according to HeinOnline, this means that a person partially liable for an auto accident can expect a reduction in the total damages they can recover in line with their liability percentage. As a result, the greater a motorist’s contribution to causing a motor vehicle accident is, the less compensation they can recover. In addition to impacting lawsuits, this concept also has an effect on insurance claims.
For instance, if a driver was eating while driving and a drunk motorist collided with their vehicle, the insurer of the drunk motorist may argue that the driver was partially at fault due to driver distraction. The insurer may determine that the driver’s fault percentage is 25% and that their damages equated to $200,000. Using this example, the insurance carrier may award a settlement of $150,000, minusing 25% of the total damages incurred in line with the driver’s fault percentage; this happens due to insurers basing settlements on what is likely to occur at trial.
Can I Claim Injury Compensation if It Was My Fault?
Many individuals may view comparative negligence rules as unfair, but they are actually beneficial in some circumstances. Mississippi permits drivers involved in car accidents to file a legal claim against another involved party even if the motorist is 99% responsible for the collision, and while it may appear pointless to pursue legal action in this situation, this is not necessarily true.
Say, for example, that driver distraction caused the accident, and one motorist was using their cell phone while driving and the other motorist was focusing on their vehicle’s navigation system at the same time, leading to significant vehicle damage and catastrophic injuries to one vehicle but no injuries and very minor vehicle damage to the other. In this scenario, the other motorist’s damages may amount to the low thousands of dollars while the driver’s losses are in the millions due to lifelong medical treatment; here, the other motorist may sue for 99% of the damages of the lower amount of damages, but the driver could sue the other motorist for 1% of the higher amount, which would equate to tens of thousands of dollars (still a significant sum that can ease the burden of mounting medical bills). Find out more about comparative negligence in Mississippi, and learn what filing an effective partial fault accident claim involves by consulting with a knowledgeable auto accident attorney from Lott Law.
Determining Partial Fault
Determining any level of fault in a motor vehicle accident claim involves drivers examining the available evidence, including police reports, witness statements, vehicle damage, medical documentation, phone records, and surveillance videos, and presenting this to insurance adjusters. An attorney can assist with evidence gathering and thoroughly investigate what caused the collision to determine the liable parties, often achieved by consulting with accident reconstruction specialists.
What Happens if the Accident Was Your Fault?
If a motorist believes they contributed to causing a motor vehicle accident, they might consider contacting a lawyer as quickly as possible, who can advise the driver on their legal rights and help safeguard them. In addition, an attorney can handle all communications with the other involved motorists, their legal teams, and insurers.
During this time, the recommended approach is to avoid admitting fault to any party involved in the claims process. Instead, the driver can allow insurers and legal teams to complete their own investigations before acting while not engaging in online discussions or posting on social media about the accident since insurance adjusters/the attorneys of other drivers can manipulate these statements and use them against the motorist.
Obtain Assistance With a Partial Fault Accident Claim by Reaching Out to a Knowledgeable Mississippi Auto Accident Lawyer
Individuals commonly experience emotions of feeling overwhelmed post-auto accident, particularly if they sustain injuries, and may question whether they partly contributed to the accident. While partially at-fault drivers can expect less compensation compared to a situation where they are blameless, in Mississippi, partial fault does not prevent such motorists from recovering damages. Understand comparative negligence in Mississippi in greater detail, and find out how an experienced Mississippi motor vehicle accident lawyer from Lott Law might aid motorists with submitting a partial fault accident claim; contact our firm today by calling (228) 215-2787 to organize a preliminary case review.
