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Many people involved in motor vehicle accidents, such as motorcycle crashes or tractor-trailer collisions forgo exploring their legal rights after suffering serious injuries because they receive a traffic ticket.  While a traffic ticket or law enforcement accident report that indicates you were at-fault can impact your legal claim, you should not assume that you must bear the burden of medical bills, lost wages, pain and suffering and other harm without any legal recourse.

Law enforcement officers are human and make mistakes when analyzing crash scenes, so their reports do not necessarily reach accurate conclusions.  Even if the officer is correct that you violated a traffic safety law or otherwise were at-fault for causing a crash, this does not mean that you are the only party responsible for the collision.  An independent investigation by an experienced Mississippi motor vehicle accident lawyer might reveal other parties that share financial responsibility for your injuries.

Comparative Negligence: Plaintiff’s Negligence Does Not Bar Recovery

Mississippi is a pure comparative negligence state, so a plaintiff can still recover in a lawsuit even if the plaintiff’s own negligence partially contributed to his or her own injuries.  In a pure comparative negligence jurisdiction, the plaintiff will have any recovery reduced by the percentage of fault assigned to the plaintiff, but the plaintiff can still recover even if he or she is mostly responsible for the accident.

By way of example, the defendant might violate the right of way of the plaintiff by making a left turn in front of the plaintiff who is proceeding straight through an intersection.  The plaintiff might be determined to have been speeding which made the injuries more serious because of the increased force generated by the collision.  In this situation, a jury might decide that the defendant was 70 percent responsible for the plaintiff’s injuries while the plaintiff was 30 percent responsible for his own injuries.  If the total damages were $300,000, the plaintiff’s recovery would be reduced to $210,000 (i.e. 70 % of $300,000).

Because the cost to litigate a motor vehicle accident can be tens of thousands of dollars, the estimated value of the damages, likelihood the plaintiff will be determined to share fault and the amount of fault that might be allocated to the plaintiff must all be considered when evaluating such a case.  However, the mere fact that an injury victim was determined to be at-fault in a police report or that the victim received a traffic ticket should not discourage the individual from seeking legal advice.  When an injury victim suffers catastrophic injuries like a traumatic brain injury, spinal cord injury, paralysis, loss of a limb or other permanent debilitating injuries, the potential value of the claim might make it worth pursuing even if the plaintiff might be determined to share a significant percentage of fault.

Dealing with an Inaccurate Police Report

If the accident report is inaccurate, you might want to contact the officer who prepared the report about amending or supplementing the facts.  For example, accident reports often tend to unfairly favor the driver of a passenger vehicle over a motorcyclist.  Because motorcycle crashes frequently result in severe injuries that require immediate emergency medical attention, many times the driver of the passenger vehicle is the only party available to provide an account of what happened.  Sometimes the accident report can be supplemented if you promptly contact the law enforcement entity that prepared the report.

Whether or not an amendment or modification is made to the accident report, you should discuss the error with an experienced motor vehicle accident attorney.  If the law firm is interested in taking your case, the firm might conduct an independent investigation of the facts as opposed to relying on the accident report.

Seeking Compensation for Catastrophic Injuries

Mississippi motor vehicle accident lawyer William S. Kellum III represents injury victims in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas.  We offer a free consultation so that we evaluate your case and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.

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Mississippi car accident attorneys see the devastating consequences of texting behind the wheel far too often.  While no text message is urgent enough to justify the risk of catastrophic injury or death, many drivers continue to engage in this extremely dangerous driving practice.  The National Highway Traffic Safety Administration (NHTSA) reports that more 78 percent of teens and young adults admit to reading texts behind the wheel, and 71 percent admit to writing and sending texts while driving.  While a number of studies indicate that young drivers acknowledge that texting and driving is an unacceptably dangerous practice, these attitudes are not sufficiently represented in actual driving conduct.  Mississippi car accident lawyer William Kellum III has provided some answers to frequently asked questions about texting and driving involving teens and young adults.

How Dangerous Is Texting and Driving?

While any form of distracted driving is dangerous, texting and driving represents an especially serious risk because it constitutes a cognitive, manual and visual distraction.  Studies have revealed that sending or reading a text causes a motorist to divert his or her eyes from the road for an average of five seconds.  If a driver is traveling at 55 mph, this five second interval is the equivalent of driving the length of a football field while blindfolded.  The Virginia Tech Transportation Institute conducted a study that concluded text messaging while driving increases the risk of being involved in a crash 23 time when compared to a driver who is not distracted.

Do Teens and Young Adults Really Text and Drive More Frequently?

The federal government website devoted to distracted driving (distraction.gov) reports that recently licensed young drivers have the highest probability of involvement in a distracted driving collision.  Data from the NHTSA reveals that more than one in four fatal distracted driving accidents involve drivers under the age of twenty.  Further, one in ten drivers involved in a fatal crash is under the age of twenty, which represents that highest percentage of distracted drivers involved in fatal accidents among all age groups.

What do Mississippi distracted driving laws prohibit with regard to cell phone use while operating a motor vehicle?

Mississippi law prohibits all cell phone use both handheld and hands-free while driving.  Novice drivers are also banned from texting on any type of device while driving.  Because the cell phone and texting laws of Mississippi are primary laws, law enforcement officers can pull over motorists and issue citations even if the driver is not suspected of committing any other offense.

How Come the Laws Prohibiting Distracted Driving in Mississippi Have Not Solved the Problem?

Because the penalties associated with distracted driving are extremely mild when compared with DUI or other serious driving offenses, the consequences might not be severe enough to have a significant impact on motorist behavior.  Further, many people are able to hide their texting messaging or other cell phone use by using hands-free devices or holding their phone in their lap.  Because use of a Bluetooth device still constitutes a mental and manual distraction, this form of cell phone use to text or talk is still unsafe.

Can I pursue a legal claim for damages if I am involved in a crash caused by a distracted driver?

Distracted driving constitutes a violation of traffic safety laws and an unsafe driving practice, so this conduct would be considered negligent.  If the car accident that causes your injury was caused by distracted driving, you can pursue a legal claim for damages.

Zealous Advocate for Victims of Distracted Drivers

Mississippi car accident attorney William S. Kellum III represents injury victims in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas.  We offer a free consultation so that we evaluate your case and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.