Passengers injured in a Mississippi car accident often have multiple options for seeking compensation. Unlike drivers, passengers are rarely found at fault for a crash, making it easier to pursue claims against the responsible party. Determining liability is essential to recovering damages for medical expenses, lost wages, and pain and suffering.

Potentially Liable Parties in a Passenger Injury Claim

1. The Driver of the Vehicle the Passenger Was In

If the driver of the vehicle the passenger was riding in caused the accident, they may be held responsible. The passenger can file a claim against the driver’s liability insurance, which should cover medical bills and other damages.

2. Another Driver Involved in the Accident

If another driver was at fault, their insurance policy should cover the injured passenger’s losses. In cases where multiple vehicles were involved, fault may be shared among different drivers, allowing the passenger to file claims against more than one insurance policy.

3. Multiple Drivers Sharing Fault

Mississippi follows a pure comparative negligence rule, meaning liability can be divided among multiple drivers. If both drivers share blame for the accident, a passenger may have claims against both drivers’ insurance policies, increasing the likelihood of full compensation.

4. Vehicle Manufacturers or Repair Shops

If a mechanical failure, defective part, or improper repair contributed to the accident, the vehicle manufacturer or repair shop may be liable. Product liability claims can be complex, requiring expert analysis to prove a defect caused or contributed to the crash.

5. Government Entities Responsible for Road Maintenance

Poorly maintained roads, missing traffic signs, or malfunctioning traffic lights can cause accidents. If hazardous road conditions contributed to the crash, the government agency responsible for maintaining the roads may be held accountable. However, claims against government entities have strict filing deadlines under the Mississippi Tort Claims Act (MTCA).

How Passengers Can Seek Compensation After a Car Accident

Passengers have several options for pursuing compensation, including:

• Filing a Claim with the At-Fault Driver’s Insurance – Mississippi law requires drivers to carry liability insurance, which should cover passenger injuries.

• Using Uninsured/Underinsured Motorist (UM/UIM) Coverage – If the at-fault driver lacks insurance or has insufficient coverage, the passenger may file a claim under their own UM/UIM policy if available.

• Medical Payments (MedPay) Coverage – If the passenger has MedPay on their auto insurance policy, it can help cover medical bills regardless of fault.

• Filing a Personal Injury Lawsuit – If insurance coverage is not enough, passengers may pursue legal action against the at-fault driver or other responsible parties.