Car accidents in Jackson, Mississippi happen all the time and can affect drivers, passengers and pedestrians. These can cause serious physical, emotional and financial harm to victims. Knowing the laws, stats and cases can help anyone get justice and compensation after a car accident. In this article we’ll go over the car accident laws in Mississippi, the latest stats and a recent case that shows why you need a lawyer.
Personal Injury for Car Accidents in Jackson, Mississippi
After a car accident in Jackson you need to know Mississippi’s personal injury laws. Victims must prove negligence, establish liability and follow the legal process to get compensation.
Car Accident Laws in Mississippi
Car accidents in Mississippi are governed by the state’s traffic laws and civil liability statutes found in the Mississippi Code Annotated. These laws include:
- Traffic Laws: Mississippi has various traffic laws designed to promote road safety and reduce accidents. These laws include speed limits, DUI laws and right-of-way rules. Violations of these laws can cause accidents and be used as evidence of negligence in personal injury claims.
- Negligence and Liability: In a car accident the victim must show the at-fault driver was negligent, meaning they failed to exercise reasonable care while operating the vehicle. Negligence can be distracted driving, speeding, running red lights or driving under the influence of alcohol or drugs.
Negligence and Comparative Fault
Mississippi uses a modified comparative fault rule in car accident cases. Under this rule, victims can only recover if they are less than 50% at fault (Miss. Code Ann. § 11-7-15). If a victim is partially responsible for the accident, their damages will be reduced by their percentage of fault. For example, if a victim is 30% at fault and the total damages are $100,000, the victim can only recover $70,000.
Types of Damages for Car Accident Victims
Car accident victims in Jackson can get economic and non-economic damages depending on the severity of their injuries and losses.
- Economic Damages: These damages cover tangible financial losses:
- Medical Expenses: ER visits, surgeries, rehabilitation and ongoing treatment.
- Lost Wages: Lost income during recovery or permanent loss of earning capacity due to long term injuries.
- Property Damage: Repairs or replacement costs for the victim’s vehicle and other damaged property.
- Non-Economic Damages: Non-economic damages compensate victims for intangible losses:
- Pain and Suffering: Physical pain and emotional distress caused by the accident and its aftermath.
- Loss of Enjoyment of Life: Damages for a diminished ability to enjoy daily activities, hobbies or social interactions due to injuries.
- Emotional Trauma: Compensation for anxiety, depression or post-traumatic stress disorder (PTSD) resulting from the accident.
- Punitive Damages: In cases of gross negligence or willful misconduct such as driving under the influence, victims can get punitive damages. These damages are meant to punish the wrongdoer and deter similar behavior in the future.
How to File a Car Accident Claim
- Filing a Claim: After a car accident, victims can file a personal injury claim against the at-fault driver’s insurance company. This involves proving liability, documenting injuries and providing evidence of damages.
- Statute of Limitations: Mississippi’s statute of limitations for a personal injury claim is three years from the date of the accident (Miss. Code Ann. § 15-1-49). If you don’t file within this timeframe you may lose your right to recover.
- Evidence: In a car accident case, evidence includes:
- Police reports.
- Photos and videos of the accident scene, vehicle damage and injuries.
- Medical records.
- Witness statements.
Jackson, Mississippi Car Accidents (2023)
Car accidents are a big problem in Jackson, Mississippi with hundreds each year. Here are the latest statistics to give you an idea of how often they occur, what causes them and the impact on victims and families.
Total Car Accidents in 2023
In 2023, Jackson had around 1,200 car accidents with a range of outcomes from minor property damage to serious injuries and fatalities. These accidents occurred on highways, residential streets and intersections.
Top Causes of Car Accidents in Jackson
The top causes of car accidents in Jackson are:
- Distracted Driving: 35% of all accidents were due to distracted driving. Common distractions include texting, talking on the phone, adjusting in-car entertainment and eating while driving.
- Speeding: Speed was a factor in 25% of the accidents. Speed increases the severity of the crash and reduces reaction time especially in areas with heavy traffic or poor road conditions.
- Driving Under the Influence (DUI): Alcohol and drug impairment was responsible for 20% of the accidents. DUI accidents often result in more severe injuries due to reckless or erratic driving behavior.
- Weather Conditions: Rain, fog and slippery roads accounted for 15% of the accidents. These weather related crashes are common in Jackson especially during the spring and summer storm seasons.
Injuries and Impact on Victims and Families
Car accidents in Jackson can result in serious injuries including:
- Fractures and Broken Bones: High speed crashes often result in broken bones that require surgery and long term recovery.
- Head and Brain Injuries: Concussions and traumatic brain injuries (TBI) are common when seat belts were not worn.
- Spinal Injuries: Severe impacts can cause spinal cord damage resulting in partial or full paralysis.
- Emotional and Psychological Trauma: Many victims suffer from PTSD, anxiety and depression after a serious accident.
The financial and emotional impact on families is huge when a loved one is seriously injured or killed in an accident.
Recent Personal Injury Case
A recent personal injury case in Jackson shows the complexity of car accident claims and the need for expert legal help.
Johnson v. Smith Motors Inc.
In this high profile case, Robert Johnson, a local resident, was injured when his car was hit by a delivery truck owned by Smith Motors Inc.. The accident occurred at an intersection in Jackson where the truck driver ran the red light and hit Johnson’s car.
Legal Verdict and Compensation to the Victim
Johnson sued Smith Motors Inc. for personal injury, claiming the truck driver was negligent and the company had inadequate driver training. The case settled for $2.3 million to cover Johnson’s medical bills, lost wages, pain and suffering and future rehabilitation costs.
Impact of the Case on Road Safety and Legal Practices
The settlement forced Smith Motors Inc. to revise their driver training protocols and implement stricter safety measures for all delivery drivers. This case shows the importance of holding companies responsible for their employees’ actions especially in commercial vehicle accidents.
Car Accident Lawyers
For car accident victims, having the right lawyer is key to navigating the claims process and getting a fair result.
Case Evaluation and Investigation
Car accident lawyers conduct thorough evaluations which include:
- Gathering accident reports and witness statements.
- Consulting experts such as accident reconstruction specialists to determine fault and causation.
- Reviewing medical records to determine full extent of injuries and damages.
Settlement and Litigation Process
Many car accident cases settle through settlement negotiations where lawyers work to get their clients fair compensation. If a settlement can’t be reached the case may go to litigation where the lawyer presents evidence and argues the case in court.
Ongoing Client Support and Advocacy
Throughout the process experienced lawyers will guide and advocate for you, so you get support and information about your options. Lawyers will also protect your rights and make sure you get the compensation you are entitled to under the law.
What to Do After a Car Accident in Jackson, Mississippi
What you do after a car accident can make a big difference in your case. Here’s what to:
Even if injuries seem minor, go to the doctor right away. Some injuries don’t show up right away and medical documentation is key to your claim.
Get Evidence and File a Report
Take photos of the accident scene, vehicle damage and any visible injuries. Get information from the other driver and file a police or highway patrol accident report.
Talk to a Car Accident Lawyer
Call Keller Swan to talk to a car accident lawyer about your case. A lawyer can help you get more evidence, file a personal injury claim and explore your options.
File a Personal Injury Claim and Get Fair Compensation
After your claim is filed your lawyer will negotiate with the at-fault driver’s insurance company. If a settlement can’t be reached your lawyer will be prepared to take the case to court to get you the compensation you deserve.
Why Keller Swan for Your Car Accident?
Keller Swan lawyers practice personal injury law and have experience handling car accident cases in Jackson, Mississippi.
Car Accident Litigation and Compensation
Keller Swan knows Mississippi personal injury law and can handle the complexities of car accident cases. Our lawyers have a history of getting results for accident victims.
Results
We have represented many clients in high profile car accident cases and gotten big settlements and verdicts. We will fight for our clients and make sure the responsible parties are held accountable.
Client Focused and Strategic
At Keller Swan we approach each case individually and tailor our legal strategy to each client’s needs. We communicate and support our clients so they feel informed and in control throughout the process.
Call Keller Swan
If you or a loved one has been hurt in a car accident in Jackson, Mississippi call Keller Swan. Our lawyers will fight for you and get you the compensation you are entitled to. Call today for a free consultation and get started.
