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How is Fault Determined in a Mississippi Auto Accident?
How is Fault Determined in a Mississippi Auto Accident?

Car accidents are an alarmingly frequent occurrence on the roads of Mississippi. Each year, thousands of collisions result in injuries and significant property damage. For anyone involved in a crash, understanding how fault is determined is pivotal, as it directly affects your ability to secure compensation for medical expenses, lost income, and other damages. 

Like most states, Mississippi operates under a fault-based car insurance system. This means that the driver who caused the accident, also known as the negligent party (or the liable or responsible party), is financially accountable for the damages of the other driver. However, Mississippi also adheres to a legal principle called pure comparative negligence. Under this rule, even if you were partially to blame for the accident, you can still seek compensation for the portion of damages the other driver caused. 

Understanding Fault and Liability

In the context of a car crash, fault (also known as culpability or responsibility) refers to which driver is legally responsible for causing the collision. This determination is based on the concept of negligence – the failure to exercise reasonable care under the circumstances. Examples of negligent behavior that commonly leads to accidents include: 

When a driver engages in any of these behaviors and it results in an accident, they may be found negligent and thus liable for the resulting damages. 

The Role of Evidence  

Determining fault in a car accident heavily depends on evidence. The more evidence you have to support your claim, the stronger your case will be. Common types of evidence used in car wreck cases include: 

Insurance companies use all available evidence to investigate accidents and determine fault. An adjuster will analyze the evidence and assign a percentage of fault to each involved driver. 

Mississippi’s Pure Comparative Negligence Rule 

The pure comparative negligence rule in Mississippi allows for shared fault in car accidents. If you are found partially responsible for the crash, your recovery of damages will be reduced by your percentage of fault.  

For example, let’s say you are in an accident and the insurance company determines you were 20% at fault and the other driver was 80% at fault. If your total damages are $50,000, you would be entitled to recover $40,000 from the other driver’s insurance company, as your own negligence contributed to 20% of the damages. 

Steps to Take After an Accident 

The aftermath of a car accident can be overwhelming, but taking the right steps can protect your rights and ensure you have the evidence needed to make a strong claim: 

We’re Here to Help You Recover – Physically and Financially 

At Boyce Holleman & Associates, our team of skilled car accident attorneys has decades of combined experience helping crash victims in Mississippi navigate the complex legal process and secure the compensation they need to move forward. If you’ve been injured in an auto accident, contact us today for a free consultation. We’ll review your case, explain your rights, and discuss your options for pursuing a claim. Remember, you don’t have to face this challenging time alone – we’re here to fight for you every step of the way. 

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