How A Mississippi Car Accident Lawyer Can Help You

Modern life is busy. Everyone is on the go seven days a week. You have computers in your pockets, on your wrists, and in your cars. If you want a burrito at 11:00 pm, all you have to do is tap on an app on your smartphone, and someone will deliver it to your home.

In this time of technology, cars are safer than they've ever been before. For example, they beep when you drift out of a lane or come too close to the car in front of you. Even with all these new safety features, accidents can still happen.

According to the Insurance Institute for Highway Safety, there were 35,766 fatal crashes on American roads in 2020. Sadly, these crashes resulted in 38,824 fatalities. Mississippi had the highest fatality rate of 25.4 per 100,000 people.

Across the country, June motor fatalities were down 4% from June of 2021. That is the third month in a row with fatalities below the levels for the same month in 2021.

Mississippi was one of 10 states that had an increase of 23% or more fatalities compared to June 2021. There were 16 more fatalities in June 2022 than in 2021, an increase of 32%.

Traffic-related fatalities cost the United States around $44 billion a year. Mississippi represents 2% of that total. That's quite high considering that less than 1% of the country's population lives there. However, only 77.9% of Mississippians wear their seat belts, while nationally, that number is 90.1%. According to government data, 1 out of 2 people who didn't survive Mississippi car crashes were not wearing a seat belt. Not surprisingly, teenagers behind the wheel are among those who don't buckle up.

Have you been involved in a car accident in Mississippi? If so, you may have been injured. Your car may also have been severely damaged or totaled. What do you do if you are too injured to work? What if you can work but don't have a car to get there? How are you supposed to pay the bills for your medical expenses and property damage?

After an accident, one thing to do is contact a car accident lawyer in Mississippi. They will assess the facts of your case and advise you on the best path forward. If the accident wasn't your fault, you may be entitled to compensation from the party who caused it.

The attorney will discuss the available options with you, including filing an insurance claim or filing a lawsuit against the at-fault party. Your car accident lawyer in Mississippi will guide you through it from the beginning to the end.

The attorney will discuss the available options with you, including filing an insurance claim or filing a lawsuit against the at-fault party. Your car accident lawyer in Mississippi will guide you through it from the beginning to the end.

Mississippi Overview

Mississippi has a population of just under 3,000,000. According to government data, it is the fourth largest rural state in the country. More than half of its population lives in rural areas. Mississippi is also nearly always at the top of the list of the nation's most traffic fatalities.

In 2020, Mississippi reported 687 fatal crashes that resulted in 752 fatalities. Unsurprisingly, 32% of these crashes were in urban areas, while 68% were in rural ones.

Rural roads are often poorly lit, and drivers tend to go faster on them since there aren't as many people on them. Mississippi is one of the most poorly lit states in the country. Over the last five years, at least a quarter of Mississippi's highways was rated ‘poor’ or ‘fair’ by the American Society of Civil Engineers.

Faster speeds cause more dangerous crashes. As rural areas are typically not close to hospital centers, emergency help can take longer to reach an accident scene.

Nationwide, 55% of the 2020 traffic fatalities were due to single-vehicle crashes. In Mississippi, single-vehicle accidents caused 61% of fatal crashes. Multiple-vehicle accidents accounted for 39%.

Another possible explanation for accidents in Mississippi is the amount of poorly maintained cars on the streets. It is not uncommon for Mississippi vehicles to not have seat belts installed.

These numbers indicate many car accidents in a state with a small population. This means you or a family member could be involved in a car crash, and if it happens on a rural road, it could lead to serious injuries.

Mississippi Highway Patrol said in 2022 that the two most dangerous hazards on the roads involve distracted driving and speeding.

If you are dealing with injuries or property damage and unsure what to do, contact a car accident lawyer in Mississippi for a consultation.

Ordinary Negligence

How do you get compensation for your injuries if you were injured in a car accident that was someone else's fault? In Mississippi, there are four elements one needs to prove in order to find a party negligent.

Negligence is defined as a failure to act with the same care that a reasonable person would show in similar circumstances. In Mississippi, you must prove four elements to find a party negligent. The negligence claim will fail if all four elements can't be shown. These elements are as follows:

• Duty of care: One must establish that the allegedly negligent party owed a duty of care to you. This means they had an obligation to act in a way that would prevent harm to you. For example, drivers have a duty to others on the road to drive safely, and store owners have a duty to keep their premises safe for their customers.
• Breach of duty: Then, prove that because of the negligent act, or lack of action, the other party breached their duty.
• Proximate cause: Next, prove that the party's breach of duty was a direct cause of your injury.
• Damages: Lastly and most importantly, show that you suffered damages. Prove that you were injured and required medical care, lost wages from missing work, or experienced pain and suffering.

A car accident lawyer in Mississippi will assess the facts of your case and determine if there is strong evidence to prove negligence. You might be able to pursue compensation with the at-fault party's insurance company. If that isn't successful, your attorney may suggest that you file a lawsuit. Regardless, you will not be left alone to deal with your problem. An attorney will do their best to help you.

A Car Accident Lawyer in Mississippi Can Help Determine Damages

Damages are the money you will receive if the party who caused the accident is found liable. In Mississippi, you can receive three types of damages: economic, noneconomic, and punitive.

Economic damages refer to the costs of your medical bills and expenses. They also apply to money lost from not being able to work.

Noneconomic damages are for the pain and suffering you have endured because of the accident. They also cover mental anguish and depression.

The court imposes punitive damages when the at-fault driver is especially reckless. This type of punishment makes an example of the at-fault party. They serve as a warning to the greater community that driving recklessly has consequences.

Mississippi also follows the collateral source rule. This rule states that any benefits you receive from a source that has nothing to do with the at-fault party will have no impact on the damages you can receive from the at-fault party.

Here's an example of how the collateral source rule works: You were in an accident that was someone else's fault. You had $75,000 in medical bills, which your insurance company paid. Under the collateral source rule, you can still pursue the at-fault party for your $75,000 in medical bills.

Also, like many other states, Mississippi has a dram shop law. Let's say you were injured in a car accident caused by a drunk driver. In Mississippi, you can't hold the vendor who sold alcohol to that person liable for the accident.

There are, however, exceptions to the law. The law doesn't apply to vendors who sell alcohol to minors. It also doesn't apply to vendors who sell alcohol to some who are visibly intoxicated.

A Mississippi car accident lawyer will carefully go through all of the costs that you have incurred as a result of the accident. These costs can be both financial and nonmonetary.

Negligence Per Se

Another way you can try and get compensation for your injuries is by claiming the at-fault party was negligent per se.

Each state has laws in place to protect the public's safety. Under negligence per se, when a person or party breaks one of these laws or rules without a good reason, they are considered to have been negligent as a matter of law. If you were injured because someone broke one of these laws, all you need to prove is that the violation directly caused the injury at hand.

Negligence per se is often easier to prove than a standard negligence case because you don't have to show if the defendant's actions or inactions were reasonable. Your lawyer can argue that because the defendant broke the law, they are presumed to be negligent. They must now show that they had a good reason for doing what they did in order not to be found liable.

A very common use of negligence per se is in the case of traffic violations. For example, when a driver runs a red light or drives at excessive speeds, he or she is automatically deemed negligent for breaking the law.

A car accident lawyer in Mississippi will advise you on what legal theory is best for you to pursue. It will depend on the specific circumstances of your case.

Comparative Fault

What happens if you were partially at fault for the accident in which you were injured? In Mississippi, you can still recover some compensation for damages.

Mississippi has a pure comparative negligence system. Even if you are 99% at fault for the accident and the other driver is 1% at fault, you can still recover damages.

For example, let's say you were found to be 75% at fault for a car accident and had medical expenses of $20,000. You could still get $5,000 from the defendant for the 25% of the accident that was their fault.

Mississippi's system is different from other states with a modified comparative fault system. In some states with modified comparative fault, a person can only recover compensation if they are found to be less than 50% at fault. Other modified comparative fault states say you have to be less than 51% at fault to recover anything.

A Mississippi Car Accident Lawyer will explain to you in detail how the pure comparative fault system works.

Statute of Limitations

How long can you wait to file a lawsuit after your car accident? The time period to file, known as the statute of limitations, cuts off three years after the accident that caused your injury or three years after you became aware of your injury if it was later. When the time is up, and you haven't filed yet, you might lose your chance to get compensation.

Awareness of deadlines is another reason to contact a lawyer as soon as you can after your accident. An experienced car accident lawyer in Mississippi will make sure you are aware of the relevant deadlines.

Car Accidents in Mississippi's Major Cities

Mississippi is known for its high traffic fatality rates. Let's examine the crash statistics of its biggest cities.

Jackson

Jackson is Mississippi's capital city and largest population center. The Jackson Metropolitan Planning Organization (MPO) releases a yearly safety report on the last 5 years of accident data in the state. The Jackson MPO covers the area that includes Hinds, Madison, and Rankin Counties. This area is home to around 15% of Mississippi's residents. It accounted for 21.9% of the state's total accidents, 16.9% of its serious injuries, and 10.6% of its fatalities.

Further, driver behavior played a role in 94% of the state's accidents. Drivers under the influence of alcohol were involved in 25.3% of the fatal crashes in the area. In addition, in 32.6% of the fatal crashes, the drivers and passengers weren't wearing seat belts or other safety restraints.

The report also showed that 81.4% of all accidents in the area occurred during dry weather conditions, and 74.8% were during daylight hours. It stated that 43.5% of accidents occurred at intersections. Of those intersection accidents, 47.6% involved cars being rear-ended.

Accidents frequently occur at the following intersections:

• Robinson Street and Lindsey Drive
• Robinson Street and Dixon Road
• Jefferson Street and Silas Brown
• East University Drive and Lakeland Drive
• County Line Road and East Canton
• Mississippi State Road 25 at I-55
• East McDowell Road at South Gallatin Street
• Lakeland Drive near St. Dominic Hospital, between U.S. Highway 51 and I-55

Gulfport

Gulfport is the county seat of Harrison County. On the Gulf of Mexico, it is known as a popular tourist destination. Several Gulfport intersections are considered to be among the most dangerous in Mississippi.

The first one of these intersections is U.S. Highway 49 and Creosote Road. With many gas stations and hotels in the area, the intersection gets easily congested. The second troublesome intersection is U.S. Highway 49 and Community Road. This intersection sees numerous accidents caused by illegal left turns. As Gulfport is a tourist area, drunk driving can also be a factor here.

Southaven

Southaven is located in DeSoto County. John Grisham, the famous lawyer-turned-author, was born there. It's known for its busy and dangerous intersections. If you live in this area, be mindful when driving near the following:

• Airways Boulevard and Goodman Road
• Church Road and Getwell Road
• Goodman Road and U.S. 51
• Goodman Road and Swinnea Road

Southaven police installed red light technology to help catch drivers who were running red lights. If caught on camera, they would receive a ticket in the mail.

Biloxi

Biloxi is another county seat in Harrison County. On the gulf coast, it's a nice place for relaxation and vacation. The streets can be narrow and sandy. Add tourists to the mix, and car accidents are inevitable. The most recent car crash data from Biloxi is from 2019. That year, there were 6 fatal car crashes. Two of those crashes involved someone under the influence of alcohol. The accidents occurred at U.S. 90 and Veterans Avenue, Cedar Lake, SR-67 and Lickskillet Road, Rodenberg Avenue, Hudson Krohn, and Highway I-110.

Hattiesburg

According to government data that analyzed the transportation and safety system in the Hattiesburg area from 2014 to 2018, there were a total of 9 fatalities from crashes in which the driver was under the influence. In terms of the type of car accidents that occurred, 73.2% were an angle, sideswipe, or rear-end collisions.

Of the car crashes in the Hattiesburg area, 30.6% were at intersections. One known dangerous intersection is on U.S. 98 at Cross Creek Parkway and Weathersby Road. Another problem spot is U.S. 98 at Westover Drive and Weatherby Road.

To find a Mississippi car accident lawyer near you, contact Accident.com.