All drivers owe a duty of care to others on the road, including a duty to avoid actions that could put others at risk. When an individual’s negligent actions cause an accident, understanding your right to bring a potential claim could be crucial to protecting your future.
If you or a loved one were injured in a crash during inclement weather due to the negligence of another, seek help from a Pascagoula bad weather car accident lawyer. Speaking with an experienced car crash attorney could be the first step to filing a civil claim and recovering compensation for your injuries.
Most personal injury cases have an applicable statute of limitations, which is the timeframe in which a civil claim must be filed. Mississippi Code 15-1-49 dictates that the injured complainant has three years to file their personal injury claim. In most cases, the three-year statute of limitations begins from the date of the accident or discovery of the injury.
Attempting to bring a lawsuit outside of this time limit may bar a complainant from future recovery, so any potential plaintiff hurt in an accident should speak with an attorney who could ensure that their case is filed promptly. There may also be exceptions to the statute of limitations under specific circumstances that an experienced bad weather accident lawyer in Pascagoula could identify.
Mississippi follows a pure comparative negligence system, which means that a claimant could still be eligible to recover damages from the other party, even if they are partially responsible for their own injuries. The plaintiff’s total compensation award will be reduced by their percentage of fault. For example, if the claimant is found to be 25 percent at fault for an accident, their compensation will be reduced by that same amount.
According to Miss. Code 63-3-411, all drivers are required to report any accident that they are involved in, especially if the collision led to injury or death. Also, they are required to report any accidents with apparent damage worth $500 or more. Law enforcement officers must investigate the crash and provide a written report of all findings. Accident reports can be crucial pieces of evidence in a car accident claim. An experienced lawyer could help obtain and preserve all relevant evidence in order to prove their case on behalf of the plaintiff.
No matter how weather conditions evolve, drivers must be mindful of their surroundings and adapt their driving to avoid accidents wherever possible. Despite the risks, many drivers do not pay proper attention to weather conditions or assume they are more in control of their vehicle than they are. As a result, car accidents in bad weather such as rain, snow, or fog are all too common.
Conducting a thorough investigation, filing a claim within the statute of limitations, and preparing for possible settlement negotiations are just a few of the ways that a Pascagoula bad weather car accident lawyer could help you prepare for personal injury litigation. Call today to schedule a consultation.