If you suffered injuries because of a distracted driver in Gulfport, Mississippi, you may be able to take legal action to hold that driver accountable and recover compensation. A Gulfport distracted driving accident lawyer can help represent you and start this legal process on your behalf.
According to the Centers for Disease Control and Prevention (CDC), each year, approximately 1,000 people are injured and nine die in crashes that reportedly involve a distracted driver. These distractions can include a variety of behaviors, such as talking on the phone, eating while driving, or checking a map.
Let a member of the team from the Morris Bart law office review your case and determine what kind of compensation you may be entitled to for your injuries. Call us at (228) 357-9621 for a free case evaluation.
Mississippi Distracted Driving Laws
While the Mississippi State Department of Health (MSDH) warns that almost 80 percent of accidents involve a driver being distracted immediately before the collision, the state has some of the weakest distracted driving laws in the country as of 2020. Mississippi was one of the last states to outlaw texting while driving, not doing so until the state legislature passed House Bill 389 in 2015.
Distractions come in many forms other than texting or using social media, and some of them are still legal in Mississippi. However, this does not mean any accident which occurs as a result of these actions cannot support a civil case.
If you suffered injuries in a car accident caused by a distracted driver, our team may be able to file a personal injury lawsuit and help you recover the compensation you may be entitled to for your medical treatment, lost income, property damages, and more.
Call the Morris Bart law office at (228) 357-9621 for a free review of your accident case. We may be able to prove negligence and liability to help hold the at-fault driver accountable.
For a free legal consultation with a Distracted Driving Accident lawyer serving Gulfport, call 800-537-8185
Morris Bart, LTD Can Build a Case Against the Distracted Driver Who Caused Your Accident
A Gulfport distracted driving accident lawyer can help you hold the distracted driver who caused your accident liable for their irresponsible and reckless actions. They can gather the necessary evidence and file an insurance claim with the driver’s insurance carrier to take them to civil court.
Lawyers can collect a wide range of evidence, conduct interviews with witnesses, and take other steps to prove your case, but you do not necessarily have to prove that a distraction caused the accident to hold them responsible. Proving distracted driving is often difficult unless the driver admits it, but you can build a case based on the action that led directly to the accident, such as:
- Crossing the centerline
- Running a red light or stop sign
- Failing to stop soon enough
- Failing to yield the right of way
- Failing to maintain their lane
If you and your attorney believe there is enough evidence to support a personal injury lawsuit and secure a financial recovery in your case, they can offer to represent you based on a contingency-fee-basis, which means you will not need to pay out of your pocket; the firm will instead take its fees from the settlement you recover if you win.
Pursuing Damages in a Gulfport Distracted Driving Accident Case
Most car accident cases, including distracted driving cases, settle out of court. You can often negotiate a settlement with the other driver’s insurer that compensates you fairly for your injuries and damages. There are some situations, however, that filing a personal injury lawsuit in a Harrison County court or another nearby jurisdiction is necessary. You can count on our team to be by your side and represent you every step of the way.
Some possible types of recoverable damages in a Gulfport traffic accident case include:
- Current and future medical care and all related expenses.
- Current and future missed income from time away from work.
- Diminished earning ability for permanent injuries.
- Property damages, such as the repair of your vehicle.
- Pain and suffering and other non-economic damages.
- Wrongful death damages for surviving family members after a fatal accident.
Time Limits on Filing a Personal Injury Lawsuit in Mississippi
Per Mississippi Code §15-1-49, accident victims in the state generally have three years to file a lawsuit against the motorist who caused their accident. It is important to reach an out-of-court settlement or file a lawsuit by this date because you are likely to be barred from filing suit afterward. This means you stand to lose leverage when negotiating with the insurance company as well.
If you file a lawsuit in your case, this does not necessarily mean your case will go to trial. An out-of-court settlement is still possible. However, you should consider talking to a lawyer to ensure you have the option to go to trial and hold the driver legally responsible, if necessary.
Talk to a Member of Morris Bart, LTD About Your Case
A Gulfport distracted driving accident lawyer can help prove the role a distracted driver played in your case, in addition to proving negligence and liability. This could allow you to recover the compensation you may be entitled to cover the losses and damages you suffered.
The team from the Morris Bart law firm operates 16 law offices across the Gulf South. In addition to serving Gulfport and other areas of Mississippi, we also have attorneys in Louisiana, Alabama, and Arkansas.
Call (228) 357-9621 for a free case evaluation and to learn more about your case through a discussion with a member of our legal team.
to find a Morris Bart office near you.