Mississippi drivers often wrongly assume that being partially at fault for a car accident will prevent them from recovering compensation from other at-fault drivers. However, this is not the case.
The Magnolia State follows a pure comparative fault rule, which means an injury victim is entitled to compensation for any percentage of an accident that is not their fault. However, that gives other at-fault drivers and their insurers a ready-made defense in personal injury cases – any blame they can shift onto the injured driver reduces the amount they must pay.
How Mississippi's Pure Comparative Fault Rule Works
Comparative fault law in Mississippi works like this: When an injured person brings a lawsuit against another person involved in an accident, the court hearing the case will act as factfinder. The judge or jury will weigh the evidence each side presents and then assign each a percentage of fault. The person being sued is not responsible for the percentage of fault assigned to the injured person.
For example, let's say Jim is headed towards an intersection and speeds up when he sees the light ahead turn yellow. Bob, who's waiting for a break in traffic to make a left-hand turn, also sees the light turn yellow and suddenly pulls in front of Jim. The two vehicles collide. Jim had the right of way but was speeding.
A court might find Jim 10 percent at fault for the crash, assigning the remaining 90 percent to Bob. Assuming Jim would get $100,000 if he had not been at all to blame, the court would instead award Jim $90,000.
How Fault Percentages Affect Your Injury Settlement
Technically, the Mississippi comparative negligence rule applies only to trials, not settlements. However, insurance companies make settlement offers based on both what they think would happen at trial and what they think they can get away with.
Any percentage of fault an insurer can push onto you is an opportunity to save itself money. Contact a lawyer immediately if the other driver’s insurer claims you were partially at fault and deserve less compensation as a result.
How Insurance Companies Use Comparative Fault Arguments
Insurance companies use the Mississippi shared fault rule to pay injured victims as little as possible. Some common tactics they may employ include:
- Trying to get you to give a recorded statement that they can twist to their advantage later
- Making early settlement offers that don't cover the full extent of your losses
- Cherry-picking evidence that makes their client look good or you look bad
- Stonewalling until you’re desperate enough to give in and settle for less than you truly deserve
Why Evidence Matters When Fault Is Disputed
Evidence is critical in any personal injury claim because that is how fault is established. The better evidence you have on your side, the more clearly you can show that the other person is responsible.
Proving you were not at fault might require using:
- Police reports
- Traffic or security camera footage of the accident
- Photos of the crash scene
- Eyewitness statements
- Skid marks, debris fields, and other physical evidence
- Post-accident vehicle inspections
- Expert accident reconstructions and other expert testimony
Speak with a Mississippi Personal Injury Lawyer Today
Hurt in an accident in the Magnolia State? If so, you need help from an experienced personal injury attorney who knows the ins and outs of pure comparative negligence in Mississippi and how to use the rule to your advantage.
With more than 30 years of experience and millions of dollars in compensation recovered for injury victims, the team at Derek L. Hall, PC stands ready to protect your rights and fight for all of the money you are owed. As one of our personal injury clients said:
"I can’t say enough!!! Excellent, professional, and knowledgeable. Derek Hall made what I thought was going to be stressful and worrisome event in my life, very manageable. He promptly answered my questions and concerns which made me feel very comfortable. He answered his own emails promptly during business hours. Very professional and very helpful in making sure I understood my case and walked me through every step. I would highly recommend Derek Hall’s service." – Tracey F.
Contact us now for a free consultation with a personal injury lawyer who can work to minimize your percentage of fault to maximize your financial recovery.
