If you’ve been in a car accident in Mississippi where both you and the other driver share some blame, you can still recover compensation under the state’s pure comparative negligence law.
Mississippi allows you to collect damages even if you’re partially at fault – your settlement just gets reduced by whatever percentage of responsibility you carry. For example, if you’re 30% at fault in an accident with $100,000 in damages, you can still recover $70,000.
Shared fault cases are more complex than straightforward accidents because insurance companies will work harder to shift blame onto you to reduce their payouts. Understanding how Mississippi’s comparative negligence system works, what evidence matters most, and how to protect yourself from insurance company tactics can make the difference between a fair settlement and getting shortchanged.
Can You Recover Compensation if You Were Partly at Fault For The Accident?
You can absolutely recover money in Mississippi even if you were partly responsible for the accident. Many people think that being even slightly at fault means they can’t file a claim, but this isn’t true in our state.
Mississippi Code Ann. § 11-7-15 protects your right to compensation. The law says your own negligence doesn’t prevent you from recovering damages. Your payout just gets reduced by your percentage of fault.
Here’s how it works at different fault levels:
- 10% at fault: You recover 90% of your damages
- 25% at fault: You recover 75% of your damages
- 49% at fault: You recover 51% of your damages
- 75% at fault: You recover 25% of your damages
- 99% at fault: You still recover 1% of your damages
The only time you can’t recover anything is if you’re 100% at fault for the accident.
How Does Shared Fault Change Your Payout?
Shared fault directly reduces your final settlement amount. The math is straightforward – your total damages get multiplied by your percentage of responsibility, then that amount gets subtracted from your total.
If you are found partially at fault, your settlement will be reduced in proportion to your percentage of fault. Your final payout becomes $40,000. This reduction applies to every type of damage you suffered.
The two main types of damages are:
- Economic damages: Medical bills, lost wages, property damage, and other financial losses you can prove with receipts and records
- Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and other impacts that don’t have clear dollar amounts
Both types get reduced by your fault percentage. If you’re awarded $30,000 for medical bills and $20,000 for pain and suffering, but you’re 25% at fault, you’ll lose $12,500 from your settlement.
Who Decides Your Fault Percentage?
Several different people can determine how much fault you carry, depending on how far your case goes. The process usually starts with insurance adjusters and can end up with a judge or jury if needed.
Insurance adjusters make the first decision about fault percentages. These adjusters work for the insurance companies and want to pay as little as possible. They’ll often try to assign you more fault than you actually deserve to reduce their payout.
If you disagree with the adjuster’s fault assignment, your attorney can negotiate for a lower percentage. Many cases get resolved during these negotiations without ever going to court. Your lawyer will present evidence showing why you deserve less blame.
When negotiations fail, a judge or jury makes the final decision about fault percentages. They’ll hear all the evidence from both sides and decide how much responsibility each person carries. This decision becomes final and determines your actual compensation.
What Evidence Proves Fault in Shared-Fault Claims?
Strong evidence is crucial for getting a fair fault percentage assigned to your case. Insurance companies will use any available information to increase your share of blame, so you need compelling proof of what really happened.
The most important types of evidence include:
- Police reports: Officers document the scene, interview witnesses, and often give their opinion about what caused the accident
- Witness statements: People who saw the accident can provide unbiased accounts of what happened
- Photos and videos: Visual evidence from the scene, including damage patterns, skid marks, and road conditions
- Electronic data: Information from your vehicle’s “black box” showing your speed, braking, and steering before the crash
- Medical records: Documentation linking your injuries directly to the accident
Gathering Evidence Quickly Matters
You need to collect evidence as soon as possible after your accident. Physical evidence at the scene can disappear quickly due to weather, traffic, or cleanup crews. Witness memories also fade over time, making their statements less reliable.
Take photos of everything you can see – vehicle damage, road conditions, traffic signs, and any visible injuries. Get contact information from witnesses before they leave the scene. Request a copy of the police report as soon as it becomes available.
Your medical treatment also creates important evidence. Seek medical attention immediately, even if you feel fine. Some serious injuries don’t show symptoms right away, and delaying treatment gives insurance companies a reason to question whether the accident caused your injuries.
Who Pays in Multi-Vehicle Crashes?
Multi-vehicle accidents create more complex payment situations because fault gets divided among several drivers. In Mississippi, each at-fault driver only pays their specific percentage of your damages, not the full amount.
Imagine you’re involved in a three-car accident with significant damages and that fault is apportioned among the drivers. You can’t collect the full 90% from just one driver. Instead, you would collect each at-fault driver’s proportionate share of your damages based on their assigned percentage of fault.
This system can create collection problems:
- Multiple insurance claims: You may need to file separate claims with different insurance companies
- Uninsured drivers: If one at-fault driver has no insurance, you can’t collect their portion unless you have uninsured motorist coverage
- Policy limits: Each driver’s insurance only pays up to their policy limits, which might not cover their full share
Your own Uninsured/Underinsured Motorist coverage becomes extremely valuable in these situations. This coverage pays when other drivers can’t or won’t pay their share of your damages.
What Steps Should You Take After a Shared-Fault Crash?
The actions you take immediately after an accident can make or break your claim. Every step helps protect your health and builds a strong foundation for recovering fair compensation.
Call 911 First
Always call 911, even for seemingly minor accidents. The police report creates an official record of what happened and ensures anyone who needs medical attention gets help quickly. Don’t let the other driver talk you out of calling police by promising to pay for damages privately.
Document Everything at the Scene
Use your phone to take extensive photos and videos. Capture vehicle damage from multiple angles, road conditions, traffic signs, and any visible injuries. If there are witnesses, get their names and contact information before they leave.
Write down your own account of what happened while the details are fresh in your memory. Include information about weather conditions, traffic patterns, and anything the other driver said about the accident.
Get Medical Attention Immediately
See a doctor as soon as possible, even if you feel fine. Adrenaline can mask pain and some serious injuries don’t show symptoms immediately. Delaying medical treatment gives insurance companies ammunition to argue that something other than the accident caused your injuries.
Keep all medical records, bills, and documentation related to your treatment. These records prove the extent of your injuries and link them directly to the accident.
Handle Insurance Communications Carefully
Report the accident to your own insurance company, but stick to basic facts. Don’t admit fault, speculate about what happened, or give detailed recorded statements without consulting an attorney first. Insurance adjusters are trained to get you to say things that can be used against you later.
Be especially careful with the other driver’s insurance company. They’re not on your side and will use anything you say to reduce their payout. Politely decline to give recorded statements and refer them to our skilled Biloxi car accident attorneys.
What Insurance Tactics Hurt Your Claim?
Insurance companies use specific strategies to increase your fault percentage and minimize what they have to pay. Recognizing these tactics helps you protect your claim and avoid saying or doing things that hurt your case.
Common tactics include:
- Rushing you into a recorded statement: Adjusters may contact you within hours of the accident, hoping you’ll say something damaging while you’re still shaken up
- Misinterpreting your words: They might twist innocent statements into admissions of fault
- Delaying their investigation: Some insurers drag out the process hoping evidence disappears or you get frustrated and accept a low offer
- Making lowball offers quickly: The first settlement offer is usually far less than your claim is worth
Protecting Yourself from These Tactics
The best protection is having an experienced attorney from Maloney-Lyons Personal Injury & Car Accident Lawyers handle communications with insurance companies. Your lawyer knows how to avoid these traps and can negotiate effectively on your behalf.
If you must speak with adjusters before hiring an attorney, stick to basic facts and avoid speculation. Don’t admit fault, even if you think you might have done something wrong. Let the investigation determine fault percentages based on evidence, not your emotions.
What Special Rules Apply in Mississippi?
Mississippi has several unique laws that affect shared-fault car accident claims. Understanding these rules helps you protect your rights and avoid missing important deadlines.
Pure Comparative Negligence System
Mississippi’s pure comparative negligence system is more generous than most states. You can still recover damages even if you are partially at fault for the accident. Some other states limit or bar recovery based on a plaintiff’s percentage of fault, but Mississippi’s pure comparative negligence system allows claimants to recover even when they share fault for an accident.
Three-Year Statute of Limitations
You have three years from the date of your accident to file a personal injury lawsuit in Mississippi. If you miss this deadline, you lose your right to recover compensation through the courts. Insurance claims can often be resolved faster, but the lawsuit deadline protects your rights if negotiations fail.
Seat Belt Gag Rule
Mississippi has a unique Seat Belt Gag Rule that generally prevents the other side from using your failure to wear a seat belt as evidence that you were negligent. However, they might still argue that wearing a seat belt would have reduced your injuries, which could affect your damage award.
Uninsured/Underinsured Motorist Coverage
This optional coverage on your own auto policy is crucial in Mississippi. It protects you when at-fault drivers don’t have insurance or don’t have enough insurance to cover your damages. In shared-fault cases, this coverage becomes even more important because you might need to collect from multiple sources.
When Should You Hire a Lawyer?
Shared-fault cases are more complex than straightforward accidents where one person is clearly to blame. Insurance companies will work harder to shift blame onto you, and the legal and factual issues can become complicated quickly.
You should strongly consider hiring an attorney if:
- The other side claims you’re mostly at fault: When your fault percentage is disputed, having legal representation can make a significant difference in your final compensation
- You suffered serious injuries: Higher-value claims face more scrutiny and aggressive tactics from insurance companies
- Multiple vehicles were involved: These cases create complex liability and collection issues that are difficult to handle alone
- The insurance company denies your claim: A denial doesn’t end your case, but you’ll need legal help to challenge it effectively
How Maloney-Lyons Personal Injury & Car Accident Lawyers Can Help
At Maloney-Lyons Personal Injury & Car Accident Lawyers, we understand how shared-fault cases work in Mississippi. Our experienced attorneys, David J. Maloney and T. Randall Lyons, handle every case personally from start to finish.
We serve clients throughout Mississippi, Alabama, Florida, and Georgia from our offices in Mobile and Biloxi.
Our approach focuses on gathering strong evidence, negotiating aggressively with insurance companies, and ensuring you receive the maximum compensation available under the law.
Don’t let insurance companies take advantage of you after an accident. Contact us today for a free consultation about your shared-fault claim.
Mississippi Shared Fault Claims FAQs
Can I Recover if I Am 60 Percent at Fault?
Yes — under Mississippi’s pure comparative fault system, you may still recover some damages even if you’re partially at fault. Mississippi allows you to recover compensation even if you are significantly at fault for the accident.
Who Ultimately Decides My Fault Percentage?
Insurance adjusters make initial fault determinations, but these aren’t final. If you disagree, your attorney can negotiate for a lower percentage, and ultimately a judge or jury will decide if your case goes to trial.
Does a Traffic Ticket Automatically Decide Fault?
No, a traffic ticket is evidence of fault but doesn’t automatically determine final percentages. Courts consider all evidence including witness statements, physical evidence, and expert testimony when assigning fault.
Should I Give a Recorded Statement to the Other Driver’s Insurance?
You should politely decline recorded statements until you’ve consulted with an attorney. Insurance adjusters often use these statements out of context to assign more fault to you than you actually deserve.
What if the Other Driver Is Uninsured and I Share Fault?
You can file a claim with your own Uninsured Motorist coverage, but your recovery will still be reduced by your fault percentage. This makes UM coverage especially valuable in shared-fault situations.
Does Not Wearing a Seat Belt Reduce My Compensation?
Mississippi’s Seat Belt Gag Rule prevents non-use from proving negligence, but the defense might argue it should reduce damages if your injuries would have been less severe with proper restraint.
How Long Do I Have to File a Lawsuit in Mississippi?
You have three years from the accident date to file a personal injury lawsuit. Missing this deadline typically means losing your right to court-ordered compensation, though insurance settlements can often be reached sooner.
