Seeking Compensation and Holding Negligent Drivers Accountable

---

Being hit by a drunk driver can leave victims with serious injuries, financial burdens, and emotional distress. Mississippi law allows those injured by intoxicated drivers to seek compensation for medical expenses, lost income, and pain and suffering. In some cases, victims may also pursue punitive damages to hold the at-fault driver accountable. Understanding your legal rights is critical to ensuring that you receive the compensation you deserve.

Mississippi Laws on Drunk Driving Accidents

Mississippi has strict laws against driving under the influence (DUI). Under Mississippi Code § 63-11-30, it is illegal for a driver to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The law sets even lower limits for commercial drivers (0.04%) and drivers under the age of 21 (0.02%). A DUI conviction carries criminal penalties, but it also establishes negligence in a civil lawsuit, making it easier for victims to pursue compensation.

Pursuing Compensation After a Drunk Driving Accident

Victims of drunk driving accidents in Mississippi can file a personal injury claim to recover compensation for:

• Medical Expenses: Emergency treatment, surgeries, rehabilitation, prescription medications, and ongoing care.
• Lost Wages: Compensation for time missed from work due to injuries and recovery.
• Pain and Suffering: Compensation for physical pain, emotional trauma, and diminished quality of life.
• Property Damage: Repairs or replacement of a damaged vehicle.
• Wrongful Death: If a drunk driving accident leads to a fatality, surviving family members may seek damages for funeral costs, loss of financial support, and emotional suffering.

The Possibility of Punitive Damages

Mississippi law allows for punitive damages in cases where the defendant’s conduct was reckless or intentional. Unlike compensatory damages, which cover actual losses, punitive damages serve to punish the at-fault party and deter similar behavior.

To qualify for punitive damages under Mississippi Code § 11-1-65, the victim must prove that the drunk driver acted with gross negligence or a willful disregard for safety. Courts often consider factors such as:

• The driver’s BAC level at the time of the crash.
• Whether the driver had prior DUI convictions.
• If the driver was excessively speeding, driving recklessly, or attempting to evade law enforcement.

Punitive damages can significantly increase the total compensation awarded in a lawsuit, especially in cases involving extreme negligence.

The Risks of Accepting a Quick Settlement

Insurance companies often offer quick settlements after a drunk driving accident. While the offer may seem fair, it often fails to account for long-term expenses such as ongoing medical care, rehabilitation, and lost earning capacity.

Risks of accepting a fast settlement include:

• Underestimating Medical Costs: Some injuries take time to fully develop, and early settlements may not cover future treatments.
• Waiving Future Claims: Once a settlement is accepted, you typically cannot pursue additional compensation, even if your condition worsens.
• Pressure from Insurers: Insurance companies prioritize minimizing payouts. Adjusters may try to get you to accept less than you deserve by pressuring you to settle quickly.

Before agreeing to a settlement, it is important to understand the full extent of your injuries and the compensation you are entitled to under Mississippi law.

When Legal Action May Be Necessary

If the insurance company refuses to offer a fair settlement, filing a lawsuit may be necessary. A legal claim can ensure that all damages—economic and non-economic—are considered.

Legal action may also be necessary if:

• The drunk driver was underinsured or uninsured.
• The insurance company denies liability or attempts to shift blame.
• The crash resulted in severe injuries or a wrongful death.

How Mississippi’s Dram Shop Laws May Affect Your Case

Mississippi has dram shop laws that allow victims to pursue claims against establishments that serve alcohol irresponsibly. If a bar, restaurant, or liquor store knowingly served alcohol to a visibly intoxicated person or a minor, and that person caused an accident, the business may be held partially liable.

These claims can be complex, requiring proof that the establishment violated its duty of care. However, if successful, they can provide an additional source of compensation for victims.

Call Bill Kellum For a free consultation

If you or a loved one has been injured by a drunk driver in Mississippi, you have legal rights. The attorneys at Kellum Law Firm, P.C. are here to help you seek the full compensation you deserve. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case and take the next steps toward justice.

---

Accident Claim Frequently Asked Questions

What should I do immediately after being hit by a drunk driver?
Call 911 right away to report the accident. If possible, document the scene with photos, obtain witness contact information, and seek medical attention. Even if injuries are not immediately apparent, some conditions may develop later. Filing a police report is critical, as it provides official documentation of the driver’s intoxication.

Can I sue a drunk driver even if they were not convicted of DUI?
Yes. A DUI conviction can support a civil lawsuit, but it is not required. In a personal injury case, you must prove that the driver was negligent, which can be established through evidence such as witness statements, accident reports, and toxicology results.

Will the insurance company automatically pay for my damages if the driver was drunk?
Not necessarily. While liability may seem clear, insurance companies often dispute claims or attempt to minimize payouts. They may argue that your injuries are not as severe as claimed or that other factors contributed to the crash. Legal representation can help ensure that your rights are protected.

Can I recover damages if I was partially at fault for the accident?
Mississippi follows a pure comparative negligence rule, meaning that even if you were partially at fault, you can still recover compensation. However, your total recovery will be reduced by your percentage of fault. If you were 20% at fault, your total compensation would be reduced by 20%.

How long do I have to file a claim after a drunk driving accident?
The statute of limitations for personal injury claims in Mississippi is three years from the date of the accident. However, evidence can become harder to obtain over time, so taking action as soon as possible is recommended.

What if the drunk driver was uninsured?
If the at-fault driver does not have insurance, you may be able to recover compensation through your uninsured motorist (UM) coverage, if you have it. Mississippi law does not require UM coverage, but it can provide critical protection in these situations.

Can I sue a bar or restaurant that served the drunk driver?
Mississippi’s dram shop laws allow claims against establishments that knowingly served alcohol to a visibly intoxicated person or a minor. These cases require evidence showing that the business acted negligently in serving the driver before the crash.

What types of damages can I recover in a lawsuit against a drunk driver?
Victims may recover economic damages such as medical expenses and lost wages, non-economic damages like pain and suffering, and, in some cases, punitive damages to punish the at-fault driver for reckless behavior.

How long does it take to settle a claim against a drunk driver?
The timeline depends on the complexity of the case, the severity of injuries, and whether the insurance company is willing to negotiate a fair settlement. Some cases settle within months, while others require litigation, which can take longer.

Do I need a lawyer to file a claim against a drunk driver?
While you are not legally required to have a lawyer, handling a claim without legal representation can be challenging. Insurance companies often try to minimize payouts, and having an attorney ensures that you receive full and fair compensation. A legal team can handle negotiations, gather evidence, and represent you in court if necessary.

Call For Your Free Consultation

If you’ve been injured in a Mississippi car accident, understanding how police reports impact your claim is crucial. At Kellum Law Firm, P.C., our attorneys can guide you through the claims process and ensure your rights are protected. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your options and secure the compensation you deserve.