Being injured as a passenger in a car accident can be frightening and confusing. You weren’t behind the wheel, but you still face medical bills, lost income, and pain from injuries caused by someone else’s negligence. If you’re hurt in a crash in Jackson, Mississippi—whether on I-55, Lakeland Drive, or near downtown—you have important legal rights to pursue compensation. Knowing who to file a claim against and what challenges to expect is key to protecting your recovery.
Passengers Have the Right to Compensation
Mississippi law clearly states that passengers injured in car accidents have the same right to compensation as drivers. Because you were not operating a vehicle, you’re rarely considered at fault. That means you can seek damages for:
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Medical expenses and rehabilitation costs
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Lost wages or loss of future income
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Pain and suffering
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Emotional distress
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Permanent disability or scarring
Your claim will depend on proving who caused the accident—which could be the driver of the vehicle you were in, another driver, or sometimes both.
Filing a Claim Against the At-Fault Driver
If the crash was caused by another vehicle, you can file a claim against that driver’s liability insurance. Mississippi requires a minimum of $25,000 in bodily injury coverage per person, but serious injuries can quickly exceed that amount.
If the driver of the vehicle you were riding in caused the accident—by speeding, texting, or driving under the influence—you can also pursue compensation from their insurance policy. Passengers often feel uncomfortable filing claims against friends or relatives, but remember: it’s the insurance company, not the driver personally, that pays most or all of the compensation.
When Multiple Drivers Share Fault
Many Jackson crashes involve more than one negligent driver. Mississippi follows a pure comparative negligence system, which allows each responsible driver to pay according to their share of fault. For example, if one driver is 70% at fault and another is 30% at fault, you can recover damages from both insurers in proportion to their responsibility.
This rule helps ensure passengers aren’t left without full compensation when several drivers contributed to the accident.
Common Defenses Used by Insurance Companies
Insurance companies often try to reduce or deny passenger claims using tactics such as:
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Arguing you “knew the driver was reckless” and assumed the risk by riding with them.
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Claiming your injuries were pre-existing or not caused by the crash.
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Disputing the severity of your injuries or the cost of medical care.
A personal injury attorney can challenge these arguments with medical evidence, witness testimony, and expert reports to prove the extent of your losses.
Uninsured or Underinsured Drivers
If neither driver has adequate insurance, you may still have options through your own uninsured/underinsured motorist (UM/UIM) coverage. This protection applies even when you were a passenger in someone else’s vehicle and can help cover medical costs and other losses.
Call Kellum Law Firm For a Free Consultation
If you were injured as a passenger in a Jackson, Mississippi car accident, you have the right to pursue full and fair compensation. Kellum Law Firm, P.C. has decades of experience handling passenger injury claims and negotiating with difficult insurance companies. We’ll identify all possible sources of recovery and fight to protect your financial future.
Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 today for a free consultation and learn how we can help you recover after a serious car accident.
