Car accidents are often messy, and it’s not always the case that one party is 100% to blame for the crash. In Mississippi, the law recognizes that fault isn’t always clear-cut, and there are provisions in place to allow for recovery even if you share some responsibility for the accident.
Mississippi’s Comparative Negligence Law
Mississippi follows a legal principle known as “pure comparative negligence.” Under this system, the amount of compensation an individual can recover is reduced by their percentage of fault in the accident. For example, if someone is found to be 25% at fault for an accident, and they win their case, they could still recover 75% of the economic damages that they otherwise would have.
How Fault is Determined
Establishing fault in a car accident involves examining the actions of all parties involved. Factors such as speeding, distracted driving, or failing to obey traffic signals may contribute to assigning fault percentages. Insurance companies and, in some cases, the courts will evaluate evidence, such as police reports, witness statements, and accident reconstructions by expert witnesses, to make these determinations.
What This Means for Your Claim
Being partially at fault does not mean that you can’t recover anything in Mississippi, but it does impact the compensation amount. It’s crucial to gather as much evidence as possible to support your claim and minimize the percentage of fault attributed to you. This might include taking photographs at the scene, obtaining contact information from witnesses, and more. Your attorney can assist you in compiling the evidence you’ll need to be successful in your case.
Understanding Mississippi’s comparative negligence laws is essential for anyone involved in a car accident. Even if found partially at fault, there is still the opportunity to recover damages, though the amount will be adjusted according to the level of fault. Consulting with a legal professional can provide further guidance and help ensure a fair evaluation of your claim.