Understanding the Dangers and Legal Consequences of Distracted Driving

Distracted driving is a leading cause of car accidents in Mississippi, putting lives at risk every day. Whether caused by texting, adjusting a GPS, or simply not paying attention to the road, driver inattention significantly increases the likelihood of a crash. Mississippi has laws in place to discourage distracted driving, but many drivers continue to engage in dangerous behaviors that lead to serious injuries and fatalities. When an accident occurs due to a distracted driver, it is critical to understand how liability is determined and what legal options are available for those affected.

Mississippi Laws on Distracted Driving

Mississippi has taken steps to address distracted driving, particularly concerning mobile phone use. Under Mississippi Code § 63-33-1, it is illegal to text while driving. This includes sending, reading, or writing text messages, emails, or social media updates while behind the wheel. While the law does not completely prohibit handheld phone use, any distraction that leads to an accident may contribute to liability in a personal injury claim.

Key points about Mississippi’s distracted driving laws:

• Texting while driving is illegal for all drivers.
• School bus drivers and drivers with learner’s permits or intermediate licenses are banned from all handheld phone use while driving.
• Law enforcement can issue fines for violations, with penalties increasing for repeat offenses.

Even though Mississippi has fewer restrictions on distracted driving than some other states, drivers can still be held responsible for causing accidents while distracted.

How Distracted Driving Impacts Liability in Mississippi Car Accidents

Mississippi follows a pure comparative negligence rule when determining liability in personal injury cases. This means that even if a distracted driver is found responsible for an accident, the injured party’s compensation may be reduced if they are found partially at fault.

For example:

• If a distracted driver causes a crash but the injured driver was also speeding, a court may assign 80% liability to the distracted driver and 20% liability to the injured driver. In this case, the injured driver’s compensation would be reduced by 20%.

To establish liability against a distracted driver, evidence such as phone records, traffic camera footage, witness testimony, and police reports may be used.

The Risks of Accepting a Quick Insurance Settlement

After a distracted driving accident, insurance companies may quickly offer a settlement to resolve the claim. While this may seem convenient, accepting an early settlement can lead to financial losses in the long run. Insurance companies often attempt to minimize payouts by offering settlements that do not fully cover medical bills, lost income, or long-term rehabilitation needs.

Before accepting an offer, it is important to consider:

• The extent of injuries: Some injuries, such as concussions or spinal damage, may not show immediate symptoms but could require long-term treatment.
• Future medical costs: A settlement should account for ongoing medical care, physical therapy, and rehabilitation.
• Lost wages and reduced earning capacity: If an injury affects your ability to work, the settlement should reflect both immediate lost wages and any potential reduction in future earnings.

If a settlement offer does not fully address these factors, pursuing legal action may be necessary to recover fair compensation.

Pursuing Legal Action for a Distracted Driving Accident

When a distracted driver causes an accident, victims have the right to seek compensation for their losses. Filing a personal injury lawsuit allows accident victims to recover damages beyond what an insurance settlement may offer.

Recoverable damages may include:

• Medical expenses (emergency treatment, surgeries, rehabilitation, and long-term care)
• Lost income and future earning potential
• Pain and suffering
• Property damage
• Punitive damages (in cases where the distracted driver’s actions were particularly reckless)

Taking legal action ensures that all aspects of the injury and its impact on daily life are considered. Given Mississippi’s statute of limitations, filing a claim must be done within three years from the date of the accident.

Call Us For a Free Consultation

If you or a loved one has been injured in a distracted driving accident, it is important to understand your legal rights before accepting a settlement. The attorneys at Kellum Law Firm, P.C. are ready to help you secure the compensation you deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case today.

Car Accident Frequently Asked Questions

What are the most common forms of distracted driving in Mississippi?
Distracted driving includes texting, talking on the phone, adjusting navigation systems, eating, or engaging with passengers while behind the wheel. Any activity that takes a driver’s attention away from the road increases the risk of a crash.

How can I prove that the other driver was distracted when they caused the accident?
Proving distracted driving may require phone records, witness statements, traffic camera footage, or law enforcement reports. If the driver admitted to being distracted at the scene, that information can also be used to support the claim.

Does Mississippi have a hands-free law?
No, Mississippi does not require drivers to use hands-free devices. However, texting while driving is illegal, and any distraction that contributes to an accident may lead to liability in a personal injury case.

What should I do if an insurance company offers me a quick settlement?
Insurance companies often offer low settlements to close cases quickly. Before accepting, review the full extent of medical expenses, lost income, and long-term treatment needs. A low settlement may not cover all future costs, leaving you responsible for additional expenses.

Can I sue for punitive damages in a distracted driving accident?
Yes, punitive damages may be available in cases where the distracted driver acted with extreme recklessness, such as texting at high speeds or repeatedly engaging in dangerous driving behavior.

How does Mississippi’s comparative negligence rule affect my claim?
Mississippi follows a pure comparative negligence rule, meaning compensation is reduced by the percentage of fault assigned to the injured party. If you are found 20% responsible, your total compensation would be reduced by 20%.

What if the distracted driver was using a GPS when they hit me?
Even though using a GPS is not illegal in Mississippi, drivers still have a duty to operate their vehicles safely. If a driver was focused on a GPS instead of the road, they may still be held liable for an accident.

Should I see a doctor if I feel fine after a distracted driving accident?
Yes, injuries such as whiplash, concussions, and internal damage may not show symptoms immediately. Seeing a doctor ensures that any hidden injuries are diagnosed and documented, which is important for both your health and your claim.

How long do I have to file a personal injury lawsuit in Mississippi?
Mississippi law generally allows three years from the date of the accident to file a lawsuit. However, evidence and witness testimony may become harder to obtain over time, so it is best to start the process as soon as possible.

Can passengers in my vehicle also file claims against a distracted driver?
Yes, passengers injured in a distracted driving accident have the right to seek compensation for medical expenses, lost wages, and pain and suffering. They may file claims against the at-fault driver’s insurance or pursue legal action 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.