When an individual sustains an injury in an auto accident, they may require proof of another driver causing the collision as a result of that person’s negligence to establish fault and hold that motorist responsible for their damages, allowing the injured party to obtain compensation through a lawsuit or insurance claim. Drivers might also have to fight accusations from an at-fault motorist (or their insurer/legal team) of being partially at fault for a collision, with Mississippi comparative negligence rules impacting damage apportionment. Learn how Lott Law can help with proving fault in a car accident and fighting partial fault accusations to minimize their impact on a case; contact our legal team at (228) 215-2787 to arrange a case review with a seasoned Mississippi car accident attorney today.
Mississippi Comparative Negligence Rules Explained
State laws govern negligence, with the two key legal doctrines being contributory and comparative negligence. Contributory negligence prevents plaintiffs from recovering damages if they contributed to a collision (even if their contribution is as little as 1%), leading to most states adopting the latter doctrine because of the former’s harsh consequences, as indicated by the American Bar Association (ABA). By contrast, comparative negligence permits plaintiffs to recuperate their losses even when partially contributing to an auto accident.
Two categories of comparative negligence exist, namely modified and pure; most states use a modified system where victims may only recover damages if their fault percentage is below a certain threshold (usually between 50% and 51%). However, Mississippi operates under a pure system of comparative negligence, enabling motorists to acquire compensation if their contribution to causing the accident is as high as 99%. Worth noting is that a plaintiff partially at fault for a car accident in Mississippi can only recover a proportion of damages in accordance with their percentage of fault, meaning a plaintiff who is 10% liable receives 90% of their losses as compensation.
How To Determine Liability for a Car Accident
Fault, in the context of motor vehicle accidents, concerns assigning the responsibility of causing a collision to one or more parties and requiring liable parties to rectify their wrongdoing, achieved by compensating victims for their losses sustained in the accident. Parties can be at fault due to negligence, where a party fails to adopt the same level of care when driving a vehicle as reasonable motorists would (either through their actions or lack of actions), or recklessness, defined by the Legal Information Institute as drivers consciously engaging in careless behavior likely to result in harm to other road users. Often, fault significantly impacts an involved party’s ability to obtain damages, and establishing fault can be a highly complex process that goes beyond merely checking to see which vehicle struck the other.
Two key pieces of evidence used by lawyers and insurers to ascertain fault in car accidents are police reports and witness statements. Police reports can sometimes contain comments from law enforcement officials about whether any party was negligent or if they issued any citations (although supportive when used alongside other evidence, citations may not conclusively prove fault), alongside officer observations concerning road and weather conditions and vehicle damage. Reliable witness statements may also help insurance carriers and legal teams learn the events leading up to a collision and identify whether any drivers committed negligent acts, but establishing fault is usually subjective; that said, two motor vehicle accident types typically involve clear liability determinations, as outlined below.
Rear-End Accidents
A rear-end collision occurs when a motorist strikes the vehicle directly ahead of them, usually because the driver did not follow the safe driving convention of leaving sufficient space between their vehicle and the car in front in order to safely stop, potentially suddenly, at any point because of unexpected events or traffic conditions. The driver in front could share responsibility for the collision if their vehicle had malfunctioning brake lights. Alternatively, the driver of a vehicle behind may be liable if they pushed a motorist’s vehicle into the one ahead of them.
Left-Turn Collisions
In the event that a motorist experiences another vehicle hitting theirs when turning left, this likely occurred due to the driver turning when it was not safe to do so, placing liability on them for causing the collision. However, in some scenarios, the other driver may be at fault if they were speeding or failed to adhere to traffic signals; that said, most motorists can anticipate these driving behaviors and approach left turns with caution to avoid accidents. For assistance with proving fault in a car accident and learning how Mississippi comparative negligence laws may apply in a given scenario, contact a Mississippi auto accident lawyer from Lott Law today.
Proving Damages and Fault in a Car Accident Case
In addition to establishing liability, car accident victims require evidence of their case’s value before filing, including identifying the non-economic and economic damages they have suffered, which may include medical bills, future care costs, lost wages, reduced earning potential, pain and suffering, and property damage. Below are examples of valuable evidence that can help prove fault and determine damages in an auto accident claim.
Videos and Photos of the Collision Site
Visual evidence, such as videos and photos of the accident site can be highly valuable. This evidence may include photos and videos of the damage to vehicles (taken from multiple angles), road conditions and skid marks indicating swerving or braking, nearby traffic signs and signals, weather conditions (such as whether there was rain, fog, or snow) during the accident, and the claimant’s injuries immediately following the collision. Taking photos and videos prior to moving the vehicles (if safe to do so) can be an effective way of capturing precisely what happened, and acquiring camera footage from nearby homes, intersections, or businesses may show real-time events, clearly demonstrating fault and damages.
Expert Witness Testimonies and Medical Records
Medical documentation can prove injuries, with notable examples including documents concerning doctor evaluations and emergency room visits, copies of CT scans, MRIs, or X-rays demonstrating the severity of the driver’s injuries, records detailing therapy sessions, rehabilitation treatment, and surgical procedures, receipts showing ongoing medical costs such as prescriptions, and doctor’s notes regarding the injuries sustained in the motor vehicle accident. Particularly valuable is expert testimony from the medical professionals who treated the driver for their injuries, especially if their condition is permanent or long-lasting.
Financial Losses
Auto accidents usually lead to financial repercussions for motorists. They may incur medical bills and the costs of prescription medication, rehabilitation, and physical therapy, which can demonstrate losses. Other helpful evidence includes pay stubs showing lost earnings, as well as rental car and vehicle repair receipts.
Cell Phone Records
This evidence pertains to accidents caused by distracted driving. Records of cell phone use may demonstrate whether a liable motorist was using their cell phone, such as calling or texting, when the accident occurred. However, accessing this information is usually only possible after seeking permission from the court.
Understand more about the evidence auto accident victims can rely on for proving fault in a car accident, gain a more comprehensive awareness of Mississippi comparative negligence rules, and discover how a Mississippi car accident lawyer might assist those involved in motor vehicle collisions. Contact Lott Law today to schedule a preliminary discussion with our legal team.
Black Box and EDR Data
Some new vehicles and commercial trucks have block boxes or event data recorders (EDRs). These devices capture information that can act as evidence in motor vehicle collisions, such as a vehicle’s speed just before impact, acceleration and braking patterns, airbag deployment, and steering inputs. However, claimants may consider promptly inquiring about this data as it may become overridden as time progresses.
Accident Reconstruction Specialists
Motorists involved in auto accidents might think about hiring accident reconstruction specialists to help with disputed scenarios or complex claims. These professionals utilize vehicle data, witness accounts, and physical evidence to recreate collisions and analyze vehicle positioning, impacts, and speeds to accurately determine fault.
Traffic Law Compliance
A car accident victim’s attorney may review relevant traffic regulations to identify whether any involved parties committed any traffic violations. For example, they might check to see if an at-fault party ran a red-light signal, failed to yield to other motorists, or was speeding.
Driver Statements
All the drivers involved in a car collision typically give statements when interacting with law enforcement, which may feature in a police report, offering their opinions on the events surrounding the incident. However, these statements are usually subjective and may only help support a claim when supported by corroborating evidence.
How Do Insurers Decide Who Is at Fault?
After a motorist and their legal team gather the evidence needed to support a strong case, they can start identifying an appropriate value for their claim, and use this as the basis for negotiations between the driver and the insurance carrier of the at-fault party. During this time, the insurance company is likely to investigate the accident themselves and look for evidence of the policyholder’s fault, whether the claimant is also partly to blame for the accident, and the value of the claim, using similar resources as those listed above. Insurers might also try to obtain a recorded verbal statement from the motorist; claimants may want to consider refusing such a request and insisting on submitting a written statement (where they have greater control over the statement’s content) or allowing their attorney to handle insurer interactions (if the claimant has a lawyer) to safeguard the case and avoid accidentally admitting fault.
How Much Are Most Car Accident Settlements?
Calculating average auto accident settlements is challenging due to the many factors that can influence a claim’s value, such as injury severity, whether victims suffered emotional distress and pain and suffering, the financial losses incurred, insurance coverage, and the difficulties of establishing liability, although they typically range from the low thousands to tens of thousands of dollars. According to the Insurance Information Institute, the average values of car accident liability claims concerning property damage and bodily injury were $6,551 and $26,501, respectively. Most motor vehicle claims result in a settlement as opposed to court action; this is due to insurers and victims wanting to avoid litigation costs, minimize the time needed to resolve the case, and circumvent the risk of obtaining an unfavorable outcome at trial.
What Is the Statute of Limitations on a Car Accident in Mississippi?
The Mississippi statute of limitations imposes a three-year deadline in cases involving negligence, per the State of Mississippi Judiciary, which includes auto accident claims, starting from the accident date. After this time limit, motor vehicle accident victims are unlikely to be able to obtain compensation from liable parties in a lawsuit (insurance claim deadlines depend on individual auto insurance policies, but are typically far shorter), with a court likely to dismiss claims brought beyond three years. Some exceptions, however, exist that may extend this deadline, including in the event of a plaintiff being a minor, the defendant leaving the state for lengthy periods, a victim discovering injuries after the accident date, and the defendant concealing their liability.
While three years may appear to be plenty of time, this period may pass quickly, particularly when potentially dealing with lifelong injuries that require lifestyle adjustments. Motorists may consider consulting with an experienced Mississippi motor vehicle accident shortly after the incident so they can start working on the claim straight away, including gathering the evidence required for proving fault in a car accident (often a lengthy process), ensuring they can file before the deadline. Contact a Mississippi motor accident attorney from Lott Law today to understand more about establishing fault, including the impact of Mississippi comparative negligence rules, and gain assistance with filing an auto accident lawsuit.
Is Mississippi a No-Fault State for Car Accidents?
Mississippi adopts an at-fault system, where car accident victims request the at-fault driver to compensate them for their losses, either directly via a lawsuit or via an insurance claim with the at-fault party’s insurance carrier. If a victim’s insurance claim/lawsuit succeeds, they might be able to recover damages covering their lost wages, medical bills, and pain and suffering, without using their own insurance and avoiding increased insurance premiums as a result. Law enforcement, insurers, and the courts may help make fault determinations for auto accidents in Mississippi, potentially identifying several responsible parties, including victims, which can impact compensation division and availability.
This contrasts with no-fault states, where the parties involved in motor vehicle accidents use their own insurance to recover their losses prior to establishing fault. These states typically require motorists to obtain insurance coverage including personal injury protection (PIP).
Discover How a Mississippi Auto Accident Attorney Can Help With Proving Fault in a Car Accident Case
Auto accidents may lead to severe injuries, emotional distress, and financial strain.
Collecting relevant evidence is necessary to establish fault, identify losses, and secure compensation, with a car case’s strength depending on how much evidence a motorist has and its quality. Lott Law can help auto accident victims gather the required evidence for proving fault in a car accident claim, understand the implications of Mississippi comparative negligence rules, negotiate with insurers, and fight for compensation to obtain justice; call (228) 215-2787 today to organize an initial consultation with a knowledgeable Mississippi auto accident attorney.
