One of the concerns injured drivers often have after a Mississippi car accident is whether they can still recover compensation if they may have contributed to the crash.
The answer can depend on Mississippi’s comparative negligence rules.
What Is Comparative Negligence?
In a typical accident, both sides may tell very different stories.
One driver may claim the other was speeding. The other driver may argue that the first driver changed lanes without signaling.
Sometimes evidence shows that both drivers made mistakes.
Mississippi follows a comparative negligence approach. A person’s recovery can be reduced according to the percentage of fault attributed to that person. Mississippi case law has long recognized that a plaintiff’s own negligence does not automatically prevent recovery when another party’s negligence also contributed to the injury.
For example, imagine that a jury determines your damages total $100,000 but finds you 20% responsible for the accident. Your recovery could be reduced based on that percentage.
Insurance Companies May Raise Fault Arguments
Insurance adjusters know that fault can affect the value of a claim.
An adjuster may point to:
- Speed
- Following distance
- Lane changes
- Failure to use a turn signal
- Cell phone use
- Traffic violations
- Statements made after the accident
A statement made immediately after a traumatic collision may not accurately describe everything that happened.
That is why evidence matters.
Evidence Can Tell a Different Story
A strong car accident investigation may include the police report, photographs, surveillance footage, vehicle damage, witness statements, traffic-camera information, electronic records, and accident reconstruction when appropriate.
The goal is not simply to argue that the other driver was wrong. The goal is to determine what actually happened.
Do Not Assume You Have No Case
Some injured people hear that they may have been partially responsible and decide not to pursue their claim.
That can be a mistake.
Mississippi’s comparative negligence rules mean fault generally has to be examined rather than treated as an automatic all-or-nothing issue.
Protect Your Claim
Do not exaggerate what happened. Do not delete photographs or messages. Do not post about the accident on social media. Keep medical records and receipts.
If the insurance company argues that you caused the crash, an attorney can examine the evidence and determine whether that conclusion is supported.
At Timbs Injury Law, we investigate the circumstances surrounding Jackson-area car accidents and work to hold negligent drivers accountable. A percentage of fault should not automatically cause you to walk away from a legitimate injury claim.