Understanding Mississippi’s Comparative Fault Law in Car & Truck Crashes

When you or a loved one suffers injuries in a car accident or truck accident in Mississippi, determining liability is crucial to recovering damages. You should understand Mississippi’s comparative fault law because it impacts how compensation is allocated when more than one party bears responsibility for a crash. Under this rule, a plaintiff’s recovery is reduced by their percentage of fault.

Attorney Chris Espy is a personal injury attorney in Jackson, Mississippi, who can help assess your claim, gather evidence, and argue for minimal fault allocation. Contact Espy Law today to schedule a free and confidential consultation.

What Is Comparative Fault Law in Mississippi?

Comparative fault, also called comparative negligence, is a legal doctrine that apportions responsibility among all parties involved in an accident. Mississippi follows a pure comparative fault system. Unlike contributory negligence jurisdictions, where any fault by the plaintiff bars recovery, Mississippi allows injured parties to recover damages even if they are predominantly at fault, under Mississippi Code Ann. Section 11-7-15, each party’s compensation is reduced by that party’s percentage of fault. Thus, an injured driver who is 60 percent at fault can still recover 40 percent of the total damages.

How Does Comparative Fault Law in Mississippi Work?

Step 1: Determine All Parties’ Fault

The first step involves identifying every individual or entity whose negligence contributed to the crash. This may include other drivers, commercial carriers, government agencies for roadway issues, or vehicle manufacturers for defects.

Step 2: Gather and Analyze Evidence

Our team investigates traffic reports, eyewitness statements, surveillance footage, and vehicle data recorders. Photographs of skid marks, road conditions, and damage patterns help reconstruct collision dynamics.

Step 3: Assign Fault Percentages

Based on evidence, each party’s percentage of fault is calculated. In Jackson, Mississippi, courts, jurors, or judges weigh factors such as speeding, failure to yield, improper lane changes, and DUI. Expert testimony, like that of accident reconstructionists, often guides these determinations.

Step 4: Calculate Total Damages

Damages include medical expenses, lost wages, pain and suffering, property damage, and future care costs in serious injuries.

Step 5: Apply Comparative Fault Reduction

Each plaintiff’s share of fault percentage reduces their total recovery accordingly. For instance, a truck driver who is 25 percent at fault in a multi-vehicle crash can still obtain 75 percent of the total award.

Examples of Comparative Fault

Example 1: Rear-End Collision

A motorist stops suddenly in traffic and is struck by a following driver exceeding the speed limit. The plaintiff is deemed 20 percent at fault for failing to maintain a safe following distance, while the defendant bears 80 percent fault. If damages total $50,000, recovery equals $50,000 minus 20 percent, or $40,000.

Example 2: Intersection Crash

A pickup truck blows a red light and collides with another vehicle that was merging improperly. Fault is split 70/30: 70 percent against the truck driver for running the light, 30 percent against the merging driver for failing to signal. A $100,000 award is reduced by the merging driver’s 30 percent share, yielding $70,000.

How Is Fault Determined?

Mississippi courts examine three elements: duty, breach, and causation. Each driver owes a duty to operate vehicles safely. A breach occurs when a driver violates traffic laws or exercises negligent behavior. Causation links that breach to the accident. Investigators analyze evidence: skid marks indicating speed, vehicle deformation patterns, black box data, and road design factors. Medical records confirm injury severity, while expert reports translate those injuries into monetary terms. Juries or judges then allocate percentages based on the degree of negligence proven.

Common Accidents Where Comparative Fault Is Applied

Multi-Vehicle Pileups

Highway pileups often involve sudden braking in poor weather. Multiple drivers share blame when visibility or speed regulations are ignored. Courts may assign varying percentages based on each driver’s conduct and adherence to safety rules, ultimately calculating each plaintiff’s recoverable share.

Commercial Truck Collisions

In truck accidents, fault may involve the truck driver, carrier, vehicle maintenance provider, or cargo loader. Mississippi’s comparative fault law allows plaintiffs to recover against multiple defendants even if the injured party shares some blame, such as inattentive behavior or minor traffic violations.

Left-Turn Crashes

When a driver turns left across oncoming traffic and strikes an approaching vehicle, the fault is often primarily on the turning driver. However, if the oncoming driver was speeding, they may share responsibility. Comparative fault ensures each party is accountable proportionally to their negligence.

Using Evidence to Determine Liabilities

Preserving physical evidence is essential. Truck or car accident scene photos, witness interviews, and traffic camera recordings provide objective data. Vehicle black box records reveal speed, braking patterns, and steering inputs. Maintenance logs and driver qualification files in truck accident cases expose potential carrier negligence. Forensic experts reconstruct scenarios, using software simulations to assign fault accurately.

How to Protect Your Car & Truck Crash Claims?

Seek Immediate Medical Attention

Prompt treatment not only protects your health but also creates a medical record linking injuries to the crash. Missed treatment can give insurers grounds to dispute causation or severity.

Report the Crash to Authorities

Ensuring a law enforcement report is filed establishes official details about the crash, parties involved, and preliminary fault assessments.

Preserve Evidence and Documentation

Retain photos, repair estimates, medical bills, and correspondence with insurance adjusters. Keep a detailed injury log describing pain levels, emotional distress, and impact on daily activities.

Consult a Qualified Attorney

If you‘re in Mississippi, an experienced personal injury lawyer can help in evaluating your claim, negotiate with insurers, and, if necessary, litigate to secure fair compensation. Early legal involvement prevents crucial evidence from disappearing and counters tactics insurers use to minimize payouts.

Your Legal Partner In Compensation Cases In Mississippi

Understanding and applying Mississippi’s comparative fault law in truck and car accident cases can significantly affect compensation amounts, ensuring that each party’s negligence is weighed fairly. When injury victims in Jackson, Mississippi, need a dedicated personal injury attorney, they turn to Espy Law. With hands-on representation, meticulous investigation, and aggressive advocacy, our team fights to minimize fault allocation for plaintiffs and maximize recoveries. If you have been injured in a crash, reach out to Espy Law today for a free consultation with a personal injury attorney for your case.