Can I Collect Damages for My Injuries if I am at Fault for an Accident?

Following a car accident, it is very common for parties involved to be facing an array of losses. For example, victims may have suffered serious injuries and are facing medical expenses; are likely looking at costly vehicle repairs, or even vehicle replacement in some cases; may be unable to work and earn an income as a result of injuries; and may also be coping with physical pain and psychological suffering. As such, being able to file a claim and recover a settlement that fully compensates one for their injuries is perhaps a car accident victim’s number one priority.

In Mississippi, liability for a car accident is based on fault. In cases where fault is shared, though, understanding one’s rights to recover compensation may be complicated. Here’s what you should know about your right to collect damages for your injuries after a car accident when you’ve been found partially at fault. If you have any more questions, contact Mississippi Car Accident Attorney today and we will connect you with an experienced Mississippi car accident attorney.

Causes of Mississippi Car Accidents 

Mississippi car accidents are almost always caused by the fault of one of the drivers involved. For example, common acts of driver negligence that can lead to a crash might include:

• Speeding
• Distracted driving
• Using a cellphone
• Performing an illegal maneuver
• Driving while intoxicated or impaired
• Driving aggressively
• Tailgating
• Swerving in and out of traffic
• Failing to look before changing lanes
• Failing to yield

Of course, in some cases, more than one party may be at fault for a crash. For example, one party might be speeding, but the other may run a red light. And in other cases, the drivers involved in a crash aren’t to blame at all. A crash could be caused by a vehicle defect, a hazard in the road, poor signage, or something else.

Mississippi Is an At-Fault Car Accident State 

As mentioned above, Mississippi is an at-fault car accident state. This means that drivers are responsible for paying for the accidents that they cause; it also means that when a crash occurs, determining fault is a critical piece of the claims process. In an accident involving two or more drivers, the non-at-fault party reserves the right to file a claim for damages against the at-fault party for compensation. In order to recover compensation, the plaintiff (claimant) will need to prove that the defendant (at-fault party) did something negligent, such as drive at an unsafe speed for conditions, and that this negligence was the proximate cause of injuries.

But what happens if both parties are partially to blame? Can a person who has suffered injuries still recover compensation from the other party if they contributed to the crash, too?

Mississippi Pure Comparative Negligence Rules

Mississippi is a pure comparative negligence state. In a comparative negligence state, such as Mississippi, a party can still recover compensation from another, but their recoverable damages reward will be reduced in proportion to their degree of fault. For example, say that you’ve been in a crash and you’ve suffered $100,000 worth of damages. Evidence shows that you were 10 percent to blame for the crash. You can bring forth a claim against the other party, but you’ll only be able to hold them liable for a total of 90 percent of your damages, or $90,000.

In a pure comparative negligence state—also like Mississippi—the percentage of a claimant’s fault is not a bar to recovery; an injured party can pursue damages for their harm even if they were 99 percent to blame for the crash. (In a modified comparative negligence rule, being 50 percent or more at fault is usually a bar to recovery.) Again, however, note that damages will be reduced in proportion to your degree of fault.

The Importance of Working with a Mississippi Car Accident Attorney

While the fault of a plaintiff in a car accident claim cannot be a bar to recovery, it can be used to reduce a plaintiff’s settlement. Insurance adjusters may take advantage of the modified comparative negligence rule by trying to pin fault for the accident on a claimant’s shoulders in order to minimize their own liability. Being able to prove fault and disprove allegations of fault made against you can make a huge difference in your final settlement offer. To assist you in strengthening your claim and maximizing your settlement, you need a skilled Mississippi car accident attorney on your side. To learn more about your legal rights and options, including how your own fault can impact the outcome of your car accident case, contact Mississippi Car Accident Attorney by sending us a message online.