Distracted Driver Accident Attorney in Biloxi, MS
The physical pain and financial strain following these preventable crashes can feel overwhelming, especially when you’re trying to recover while dealing with insurance companies.
Our experienced Biloxi distracted driver accident lawyers understand the challenges you face after being injured by a distracted driver. At Maloney-Lyons Personal Injury & Car Accident Lawyers, we know how to investigate these cases thoroughly, gather the evidence needed to prove distraction, and fight for the full compensation you deserve.
We handle the legal complexities so you can focus on healing and moving forward with your life.
How Our Distracted Driver Accident Attorneys in Biloxi Help With Your Claim
When a distracted driver causes your accident, we take immediate action to protect your rights and build a strong case. Our experienced attorneys handle every aspect of your claim while you focus on recovery.
We start by conducting a thorough investigation to determine fault and identify all responsible parties. Our team secures crucial evidence including police reports, witness statements, photographs from the scene, and any available video footage from traffic cameras or nearby businesses.
Evidence We Gather:
- Cell Phone Records: We subpoena the at-fault driver’s phone records to prove they were texting or calling during the crash
- Vehicle Data: Modern cars contain event data recorders that show speed, braking, and other critical information before impact
- Witness Testimony: We interview eyewitnesses who saw the driver’s distracted behavior
- Medical Documentation: We work with your healthcare providers to document all injuries and future treatment needs
Our attorneys also coordinate with accident reconstruction experts and medical specialists to establish how the driver’s distraction caused your injuries. We handle all communications with insurance companies and negotiate aggressively for maximum compensation.
If the insurance company refuses to offer a fair settlement, we’re prepared to take your case to court. You pay no fees unless we win your case.
What Counts as Distracted Driving in Mississippi
Distracted driving occurs when a driver’s attention is diverted from the road by any activity. Mississippi law specifically prohibits texting while driving, but many other behaviors can lead to serious accidents.
Visual Distractions: These cause drivers to take their eyes off the road. Common examples include reading texts, looking at GPS devices, or turning to talk to passengers.
Manual Distractions: These require drivers to remove their hands from the steering wheel. Examples include eating, drinking, adjusting the radio, or reaching for objects in the car.
Cognitive Distractions: These divert mental attention from driving. Talking on the phone, daydreaming, or having intense conversations with passengers fall into this category.
Common distracted driving behaviors we see in Biloxi cases include:
- Texting or talking on cell phones
- Using GPS navigation systems
- Eating meals while driving to or from casino areas
- Adjusting music or entertainment systems
- Talking to passengers unfamiliar with local roads
Who Pays for a Distracted Driving Crash in Biloxi
Mississippi operates under a fault-based insurance system. This means the person who caused the accident is responsible for paying damages. In distracted driving cases, the at-fault driver’s insurance company typically covers your medical bills, lost wages, and other losses, unless you’re dealing with uninsured drivers.
Mississippi requires drivers to carry minimum liability coverage of $25,000 per person for bodily injury, $50,000 total per accident, and $25,000 for property damage. However, serious car accidents often result in damages that exceed these minimums.
Does Comparative Fault Reduce My Recovery in Mississippi
Mississippi follows pure comparative negligence rules. This means you can recover compensation even if you’re partially at fault for the accident. Your total award gets reduced by your percentage of fault.
For example, if you’re found partially responsible for the accident, your total compensation will be reduced according to your percentage of fault. Insurance companies often try to shift blame unfairly to reduce their payouts. A skilled Biloxi car accident lawyer can minimize your assigned fault and maximize your recovery.
How We Prove the Driver Was Distracted
Proving distraction requires concrete evidence that must be preserved quickly after a crash. We act immediately to secure this evidence before it disappears or gets destroyed.
Cell Phone and App Data We Secure
We issue subpoenas to obtain the driver’s complete phone records from their wireless carrier. These records show exact timestamps for calls, texts, and data usage. We compare this information to the crash time to prove the driver was using their phone when the accident occurred.
Modern smartphones also track app usage, which can show if someone was using social media, GPS, or other applications while driving.
Vehicle, Traffic Camera, and Dashcam Evidence
Most vehicles built after 2012 are equipped with event data recorders that capture critical information before crashes. This “black box” data shows vehicle speed, brake application, steering input, and seatbelt usage in the seconds leading up to impact.
We also work to obtain footage from traffic cameras at major Biloxi intersections along Beach Boulevard, Highway 90, and Interstate 10, where dangerous truck accidents frequently occur. Many businesses and residents have security cameras or dashcams that may have captured the accident.
Witness Testimony and Expert Analysis
Eyewitnesses often see drivers looking down at phones, eating, or engaging in other distracting behaviors before crashes. We locate and interview these witnesses to preserve their testimony.
When necessary, we work with accident reconstruction specialists who analyze physical evidence, vehicle damage, and road conditions to determine how the crash occurred. These experts can often prove that distraction was the primary cause of the accident.
What Compensation Can I Recover After a Distracted Driving Crash
Mississippi law allows full compensation for all losses caused by another person’s negligence. Our Biloxi distracted driver accident attorneys identify every category of damages to ensure you receive complete compensation for your injuries.
Medical Bills, Lost Wages, and Property Damage
Economic damages cover your actual financial losses from the accident:
- Emergency Treatment: Ambulance rides, emergency room visits, and initial hospital care
- Ongoing Medical Care: Follow-up appointments, physical therapy, medications, and future treatment needs
- Lost Income: Wages missed during recovery and reduced future earning capacity
- Property Damage: Vehicle repairs or replacement value plus damaged personal items
We work with medical professionals and economists to calculate both current expenses and future costs related to your injuries.
Pain and Suffering and Loss of Enjoyment
Non-economic damages compensate for the physical pain and emotional trauma caused by your accident. These damages recognize how injuries affect your quality of life and ability to enjoy activities you once loved.
This includes being unable to participate in Biloxi’s coastal lifestyle like beach activities, fishing trips, or casino visits. We document how your injuries have changed your daily life and relationships with family and friends.
Are Punitive Damages Available for Texting and Driving
Punitive damages may be awarded when a driver’s behavior was particularly reckless or dangerous. These damages punish the wrongdoer and deter similar conduct in the future.
Courts may award punitive damages in distracted driving cases involving extreme negligence, such as texting while speeding through school zones or repeatedly swerving between lanes while on the phone.
What Should I Do After a Distracted Driving Crash
The actions you take immediately following an accident can significantly impact your ability to recover compensation. Quick thinking and proper documentation protect both your health and legal rights.
Get Medical Care and Follow-Up
Seek immediate medical attention even if you feel fine. Some traumatic brain injuries like concussions or internal bleeding may not show symptoms right away. Getting prompt medical care creates an official record of your injuries.
Biloxi has excellent medical facilities including Merit Health Biloxi and Memorial Hospital. Follow all treatment recommendations and keep detailed records of your medical expenses.
Report the Crash and Get the Report
Contact police to report the accident if officers don’t respond automatically. Mississippi law requires drivers to report accidents that involve injuries or substantial property damage.
You can obtain copies of police reports from the Biloxi Police Department or Harrison County Sheriff’s Office. These reports often contain crucial information about the other driver’s behavior and any traffic citations issued.
Preserve Evidence and Witness Information
If you’re able, take photographs of vehicle damage, the accident scene, and any visible injuries. Save any dashcam footage you may have and get contact information from witnesses who saw what happened.
Don’t discuss fault or apologize at the scene. Stick to basic facts when talking to police and other drivers.
Call Maloney-Lyons for a Free Consultation
Contact our Biloxi distracted driving accident lawyers as soon as possible. The sooner we begin investigating, the better chance we have of preserving crucial evidence and building a strong case.
We offer free consultations and work on contingency fees, so you pay nothing unless we recover compensation for you.
How Do Legal Fees Work
At Maloney-Lyons Personal Injury and Car Accident Lawyers, we handle distracted driving cases on a contingency fee basis. You pay no upfront costs, hidden fees, or hourly charges.
We only collect attorney fees if we successfully recover money for you through settlement or trial verdict. We handle cases on a contingency fee basis, meaning our attorney fees are a percentage of any recovery and will be discussed with you during your free consultation.
This arrangement allows injured people to access experienced legal representation regardless of their financial situation.
What Is the Deadline to File in Mississippi
Mississippi’s statute of limitations gives you three years from the accident date to file a personal injury lawsuit, though wrongful death claims may have different requirements. Missing this deadline typically means losing your right to seek compensation through the courts.
However, waiting too long can hurt your case even before the deadline passes. Evidence disappears, witnesses move away or forget details, and insurance companies become less willing to negotiate fair settlements.
Why Choose Maloney-Lyons Personal Injury and Car Accident Lawyers
Our firm combines decades of personal injury experience with deep roots in the Biloxi community. We maintain offices in both Biloxi and Mobile, giving us extensive knowledge of local courts, judges, and insurance practices in Harrison County.
Unlike large firms that pass cases to junior attorneys or paralegals, your case receives direct attention from experienced lawyers from start to finish. We believe every client deserves personal service and aggressive advocacy.
Our Advantages:
- Local Knowledge: We understand Biloxi’s unique traffic patterns and accident-prone areas
- Proven Results: Successful track record recovering compensation for distracted driving victims
- Personal Attention: Direct access to experienced attorneys throughout your case
- Community Commitment: Active involvement in making Biloxi’s roads safer for everyone
We’ve helped hundreds of accident victims recover the compensation they deserve while holding negligent drivers accountable for their actions.
Already Received a Low Settlement Offer
Insurance companies often make quick, lowball offers hoping you’ll accept before understanding your claim’s true value. They may also request recorded statements to use your words against you later.
If you’ve already started dealing with insurance adjusters alone, it’s not too late to get professional help. We can take over negotiations and often substantially increase the compensation you receive.
Insurance adjusters are trained to minimize payouts and protect their company’s profits. Having an experienced attorney levels the playing field and ensures your rights are protected.
Free Consultation With a Biloxi Distracted Driver Accident Lawyer
Don’t let a distracted driver’s negligence cost you the compensation you deserve. Contact Maloney-Lyons Personal Injury and Car Accident Lawyers today for a free, confidential consultation about your case.
Bring any documents you have including the police report, medical records, photographs, and insurance information. We’re available for evening and weekend appointments to accommodate your schedule.
Our Biloxi office is conveniently located at 2548 Beach Boulevard, Suite 200. We also offer phone consultations if you’re unable to visit our office.
Contact us now to speak with an experienced distracted driving accident attorney who will fight for your rights and maximum compensation.
Frequently Asked Questions About Distracted Driving Accidents
How Do You Prove a Driver Was Texting Without Seeing the Phone
We subpoena cell phone records that show exact timestamps of calls, texts, and app usage, then compare these times to when your accident occurred. Phone records provide concrete proof of distraction even when no one saw the driver using their device.
Can I Still Recover Money if I Was Partially at Fault in Mississippi
Yes, Mississippi’s pure comparative negligence law allows recovery even if you’re partially responsible for the accident. Your compensation gets reduced by your percentage of fault, but you can still receive substantial compensation even if you’re found 30% or 40% responsible.
How Much Does It Cost to Hire a Biloxi Car Accident Lawyer
We work exclusively on contingency fees, meaning you pay no money upfront and no hourly charges. We only collect a fee if we successfully recover compensation for you, typically 33-40% of your total settlement or verdict.
Do I Need a Police Report to File a Distracted Driving Claim
While police reports are helpful, they’re not absolutely required to pursue compensation. We can build strong cases using witness statements, physical evidence, cell phone records, and expert testimony even when no police report exists.
Will My Health Insurance Cover Treatment While My Case Is Pending
Yes, you should use available health insurance or MedPay coverage for immediate medical needs. We’ll work to recover these costs from the at-fault driver’s insurance as part of your final settlement.
Can I Seek Punitive Damages Against a Texting Driver
Punitive damages may be available if we can prove the driver acted with gross negligence or willful disregard for safety. Examples include texting while speeding, running red lights, or causing multiple near-misses before your crash.
What if the Distracted Driver Was Working When the Accident Happened
If the driver was working or driving for a company like Uber or Lyft when they caused your accident, their employer may also be liable. This can provide access to additional insurance coverage and increase your potential compensation.
Should I Give a Statement to the Other Driver’s Insurance Company
Never provide recorded statements to insurance adjusters without legal representation present. These statements are designed to find ways to reduce or deny your claim, and adjusters are trained to ask leading questions that can hurt your case.