Drunk Driving Accidents — Pursuing Legal Action Against At-Fault Driver

Impaired drivers are responsible for a majority of fatal and injury-related car accidents in this country. It’s such a serious issue that every state, including Mississippi, has enacted strict laws surrounding drunk driving. But, if you’re the victim of one of these accidents, do you have any legal recourse against the impaired driver? 

If you or a loved one has been harmed as a result of a drunk driving accident, you are likely dealing with many physical, emotional, and financial consequences. One of the things that makes these accidents so severe is that impaired drivers don’t slow down or react before slamming into another vehicle. The resulting accidents can be catastrophic. Fortunately, accident victims can achieve justice and collect compensation in several ways. 

Pursuing Legal Action Against a Drunk Driver in Mississippi

It is considered unlawful in Mississippi to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. There are a few exceptions, such as lower limits for commercial drivers and underage drivers. If you are involved in an accident with a drunk driver and have been seriously hurt, there are several ways you can pursue justice under Mississippi law. 

Criminal Penalties

If the other driver was impaired and was caught by law enforcement, you don’t have to pursue criminal charges. The state of Mississippi will do it for you. A person charged with DUI in Mississippi can face severe penalties, such as license suspension, fines, probation, and even jail time. While this won’t compensate you for your losses, it can give you some peace of mind and add credibility to your claim for damages. 

Civil Liability

In addition to facing criminal charges, drunk drivers can be held liable for the damages they cause. This means you have the right to pursue a personal injury case against the impaired driver for the full amount of your losses. 

Dram Shop Liability

Not every state has dram shop laws, but Mississippi is one that does. This type of law aims to hold any establishment that serves alcohol to a visibly intoxicated person or minor legally accountable for the harm they cause to another. If the drunk driver came from a bar, restaurant, or some other type of establishment, you may be able to pursue that business for compensation. 

Damages Available for Victims of Drunk Driving Accidents in Mississippi

No one is prepared to deal with the aftermath of a drunk driving accident. The physical, mental, and financial consequences of a serious car wreck can be severe and life-altering. Working with an experienced Mississippi car accident attorney, you can pursue a personal injury claim against the impaired driver or establishment owner. Some of the types of damages you can collect in one of these cases include:

• Cost of current medical care
• Long-term care costs
• Lost wages
• Lost earning capacity
• Disfigurement or permanent scarring
• Pain and suffering
• Loss of consortium
• Mental anguish
• Vehicle repair expenses

If you’ve lost a loved one due to a drunk driving accident, your family can hold the responsible driver accountable through a wrongful death claim. In addition to the damages listed above, you have the right to pursue compensation for funeral and burial costs, loss of companionship, loss of inheritance, and more. 

Asserting Your Rights After a Drunk Driving Accident

According to Mississippi law, all drivers must operate their vehicles with care and obey all traffic regulations. While police can issue citations and even arrest someone who violates the law, this doesn’t compensate the victims of a drunk driving accident for their losses. 

Mississippi also recognizes the doctrine of negligence, which allows an accident victim to pursue compensation under a personal injury case if the other party was at fault and their actions caused injuries. 

Victims of drunk driving accidents may be able to recover compensation through a case against the drunk driver, a dram shop, or both. However, insurance companies aren’t always quick to pay a fair amount and might even try to shift some of the blame to the injured party. A skilled personal injury lawyer can build a strong case against the responsible parties and level the playing field with the insurance companies involved in these matters. 

What to Do If You’re in a Drunk Driving Accident in Mississippi

Accidents involving drunk drivers in Mississippi are completely preventable. If you or a loved one is involved in one of these crashes, you have the right to pursue just compensation from the at-fault driver. A Mississippi Car Accident attorney can explain your rights and guide your case to the most favorable outcome possible.