Jackson, MS Car Accident Attorney

How to Prove Liability After a Car Accident in Jackson, MS

After a bad wreck in Mississippi, pursuing compensation should be a top priority — and it helps to know how to prove liability following a crash. The following four factors play a significant role in helping you get the compensation you deserve.

Generally speaking, to prevail in a Mississippi car accident case, you must be able to prove the following elements:

• Duty of Care: Every driver has a duty of care. They must drive safely to keep others from experiencing harm in a possible crash. A duty of care means the driver must follow laws, act with other’s safety in mind, and avoid any negligent acts that could cause a severe collision.
• Breach: A negligent action is a breach of the driver’s duty of care. For instance, if a driver drinks and drives, they breach their duty of care. Similarly, the driver can also breach their duty of care when they text and drive, speed, or otherwise act with carelessness.
• Causation: To file a claim or lawsuit against someone, you must show that their negligent action was the cause of the crash. Unfortunately, causation can be difficult to prove sometimes, especially when other factors can cause a driver to crash. Therefore, it is essential to have a lawyer on your side to help prove causation.
• Damages: Finally, the last part of seeking compensation requires you to show that you suffered damages because of someone else’s actions. If you can bring all factors together and show you sustained severe injuries, you can build a successful claim.

Who Is Liable for a Car Crash in Mississippi?

When you suffer injuries in a crash, it becomes vital to pursue compensation for the damages you sustain as a result. Unfortunately, not everyone recognizes their rights. Even more, you may not realize who is liable for the damages you sustain.

Several parties can play a role in your crash, which is why it’s so vital to gather evidence in the aftermath. Below, we’ll help you understand the different parties you can hold accountable and what you need to do after a collision to protect your rights.

Negligent Drivers

In most situations, you can hold the other negligent driver (or drivers) accountable for the crash. To do so, you must show that the other driver did something to cause the accident and your subsequent injuries.

Some of the most common reasons you may hold another driver accountable include:

• The other driver was intoxicated
• The other driver was texting or distracted
• The other driver was fatigued or fell asleep at the wheel
• The other driver failed to maintain his or her vehicle

The evidence you gather after a crash can help you hold someone accountable, especially with a lawyer present.

Defective Cars & Parts

In some instances, you may be able to hold an auto part manufacturer accountable. Some manufacturers fail to create safe products, which can create many dangers on the road. Unfortunately, products can fail when manufacturers don’t prioritize safety, leading to another element of liability.

You can hold a manufacturer accountable in cases involving defective brakes, defective tires, and other problems. Proving a defective part was the cause of the accident can be difficult, though, so be sure to work with legal professionals who can help build your case.

Dealing With The Insurance Company After an Accident

Insurance companies are not necessarily interested in protecting your interests. They have one goal in mind: saving money. Without an experienced car wreck attorney, the insurance company will almost always try to take every advantage they can.

If you are not represented by an attorney, the insurance company will most likely try to:

• Take a recorded statement. The insurance company may ask you to make a recorded statement in an attempt to get you to say something that may damage your claim. Even innocent statements can be construed in a manner that you never intended.
• Make a lowball settlement offer. The insurance company may offer you a quick check to settle your case, but that check may be for a small percentage of what your case is actually worth. Once you settle your claim, you are out of luck, even if your injuries turn out to be more serious than you thought.
• Unreasonably delay your claim/payment. Insurance companies will drag their feet, hoping that you will either accept less than your claim is worth or do something that will damage your case, such as discontinuing medical treatment. They understand the dire situation that you may be in, and the worst part is they will absolutely attempt to capitalize on your misfortune.

What to Do After a Car Wreck in Jackson, MS