Rear-End Accident Attorney in Biloxi, MS
While insurance companies often dismiss these crashes as minor fender-benders, the reality is that even low-speed rear-end impacts can cause serious injuries with lasting consequences. Victims frequently suffer from whiplash, herniated discs, traumatic brain injuries, and chronic pain that disrupts their ability to work and enjoy daily activities.
Mississippi law creates a strong presumption that the driver who strikes another vehicle from behind bears responsibility for the collision. This legal framework exists because all drivers have a duty to maintain safe following distances and remain attentive to traffic conditions ahead.
When negligent drivers violate this duty through distracted driving, tailgating, or impaired driving, they must be held accountable for the injuries and financial losses they cause.
Our experienced Biloxi rear-end accident lawyers understand the physical, emotional, and financial toll a rear-end accident takes on victims and their families. Our legal team at Maloney-Lyons Personal Injury & Car Accident Lawyers has spent decades helping Biloxi residents navigate the complex claims process, counter insurance company tactics, and secure maximum compensation for their injuries.
Our rear-end accident attorneys in Biloxi, Mississippi handle every aspect of your case with personal attention and aggressive advocacy, allowing you to focus on healing while we fight for the justice you deserve.
Who Is at Fault in a Mississippi Rear-End Crash?
Mississippi law creates a presumption that the driver who strikes another vehicle from behind is responsible for the collision. This presumption exists because Mississippi Code § 63-3-619 requires all drivers to maintain a safe following distance based on speed and traffic conditions.
The trailing driver must prove they were not negligent to overcome this presumption. Common defenses include mechanical failure, sudden stops without warning, or non-functioning brake lights on the lead vehicle. However, these situations are rare, and the rear driver typically bears responsibility.
- Following Too Closely: Most rear-end crashes occur when drivers fail to leave adequate space between vehicles
- Distracted Driving: Texting, eating, or other distractions prevent drivers from noticing stopped traffic ahead
- Speeding: Excessive speed reduces reaction time and increases stopping distance
- Impaired Driving: Alcohol or drugs slow reflexes and impair judgment
What Compensation Can I Recover After a Biloxi Rear-End Collision?
Mississippi allows rear-end accident victims to pursue both economic and non-economic damages. Economic damages cover your measurable financial losses, while non-economic damages compensate for pain and suffering.
Your compensation may include medical expenses for emergency treatment, surgery, physical therapy, and ongoing care. Lost wages from missed work and reduced earning capacity are also recoverable. Property damage covers vehicle repairs or replacement costs.
Non-economic damages address your physical pain, emotional distress, and reduced quality of life. Mississippi does not cap these damages in most personal injury cases, allowing full compensation for your suffering.
Critical Steps to Take After a Rear-End Crash in Biloxi
Your actions immediately following a rear-end accident directly impact your ability to recover compensation. Each step helps protect your health and preserve evidence for your claim.
Call 911 and Seek Medical Attention
Contact emergency services immediately to report the accident and request medical assistance. The police report creates an official record that insurance companies and courts rely on when determining fault.
Seek medical evaluation even if you feel uninjured. Adrenaline can mask symptoms of whiplash, concussions, and soft tissue injuries that may not appear for hours or days after the crash.
Document the Accident Scene
Take photographs of vehicle damage, the accident location, skid marks, and traffic signals. Capture images from multiple angles to show the full scope of the collision.
Collect contact information from witnesses who saw the crash occur. Their testimony can be crucial if the other driver disputes fault or if there are questions about how the accident happened.
Avoid Insurance Company Traps
The at-fault driver’s insurance adjuster will contact you quickly, often within hours of the accident. They may request a recorded statement or offer an immediate settlement.
Do not provide a recorded statement without consulting an attorney first. Insurance companies use these statements to find reasons to deny or devalue your claim, even when you tell the truth.
Contact Maloney-Lyons Personal Injury & Car Accident Lawyers
Our experienced Biloxi car accident attorneys protect your rights from the beginning of your case. We preserve time-sensitive evidence and handle all communications with insurance companies while you focus on recovery.
Contact our law firm before speaking to any insurance adjuster. We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case.
How We Build Strong Rear-End Accident Cases
Our legal team takes immediate action to investigate your accident and gather evidence supporting your claim. We understand that successful cases require thorough preparation and attention to detail.
Securing Time-Sensitive Evidence
We act quickly to obtain the official police report and identify all available surveillance footage from nearby businesses or traffic cameras. This visual evidence often provides the clearest picture of how the accident occurred.
Our attorneys send preservation letters to the at-fault driver’s insurance company and employer, requiring them to maintain the vehicle’s electronic data recorder and the driver’s cell phone records. This information can reveal speeding, sudden braking, or distracted driving.
Proving Your Injuries and Damages
We work closely with your treating physicians to document the connection between the crash and your injuries. Medical records, diagnostic imaging, and expert testimony establish the severity of your condition and need for ongoing treatment.
Our team calculates the full value of your claim, including future medical expenses, lost earning capacity, and non-economic damages. We ensure no aspect of your suffering goes uncompensated.
Countering Insurance Company Tactics
Insurance adjusters often claim the victim contributed to the accident by stopping suddenly or having defective brake lights. We challenge these baseless allegations with evidence and expert analysis.
Our attorneys know how to counter comparative negligence arguments and keep the focus on the at-fault driver’s failure to maintain a safe following distance.
Understanding Mississippi’s Comparative Negligence Rule
Mississippi follows pure comparative fault, allowing you to recover compensation even if you were partially at fault for the accident.
For example, if you are found 10% at fault for a rear-end collision with $50,000 in damages, you can still recover $45,000. This rule ensures that even partially responsible victims receive compensation for their injuries.
Our attorneys work to minimize any fault assigned to you by presenting evidence that the other driver’s negligence was the primary cause of the accident.
Common Rear-End Accident Locations in Biloxi
Certain roads and intersections in Biloxi see frequent rear-end collisions due to heavy traffic, tourist activity, and challenging driving conditions. Our local knowledge helps us build stronger cases by understanding these accident patterns.
US Highway 90 Coastal Route
This scenic highway experiences heavy congestion from casino visitors and beachgoers, creating stop-and-go traffic conditions. Rear-end accidents are common near casino entrances where drivers make sudden turns or stops.
The stretch between the Beau Rivage and IP Casino Resort sees particularly heavy traffic during peak tourist seasons and special events.
Interstate 10 and Highway 110 Corridors
High-speed traffic on these interstate highways creates dangerous conditions when drivers fail to notice slowing traffic ahead. Construction zones and merge areas are especially hazardous for rear-end collisions.
Rush hour traffic and weather conditions like fog or heavy rain increase the risk of multi-vehicle crashes on these busy corridors.
Pass Road Commercial District
This busy commercial area features numerous shopping centers, restaurants, and businesses that create unpredictable traffic patterns. Drivers making sudden stops to turn into parking lots often cause rear-end accidents.
The intersections at Pass Road and Lamey Bridge Road see frequent collisions due to heavy traffic and multiple turning lanes.
Time Limits for Filing Your Claim
Mississippi imposes a three year time limit for filing personal injury lawsuits, so you should consult an attorney promptly about your deadline.
Evidence disappears, witnesses forget details, and medical records become harder to obtain as time passes. Insurance companies also use delays against you, arguing that your injuries were not serious if you waited to seek treatment.
Filing your claim promptly ensures we can gather the strongest possible evidence and negotiate from a position of strength.
Typical Rear-End Accident Injuries
Even seemingly minor rear-end collisions can cause significant injuries that require extensive medical treatment. The sudden impact forces your body forward and backward, straining muscles, ligaments, and joints.
Whiplash is the most common rear-end accident injury, causing neck pain, stiffness, and headaches that can last for months. More severe impacts can cause herniated discs, requiring surgery and lengthy rehabilitation.
Head injuries from hitting the steering wheel or dashboard can result in concussions with lasting cognitive effects. Back injuries may limit your ability to work or enjoy daily activities.
- Immediate symptoms: Neck pain, headaches, back stiffness, dizziness
- Delayed symptoms: Numbness, tingling, memory problems, sleep disturbances
- Long-term complications: Chronic pain, limited mobility, emotional distress
Why Choose Maloney-Lyons Personal Injury & Car Accident Lawyers
Our firm provides the personal attention and aggressive advocacy you need after a rear-end accident. We combine decades of experience with deep knowledge of Mississippi law and local court procedures.
Direct Access to Experienced Attorneys
Unlike larger firms that assign cases to junior associates or paralegals, David Maloney and T. Randall Lyons personally handle your case from start to finish. You work directly with experienced trial attorneys who understand the complexities of rear-end accident claims.
We limit our caseload to ensure each client receives the attention their case deserves. You can reach your attorney directly when you have questions or concerns about your case.
Proven Track Record in Harrison County
Our attorneys have successfully handled hundreds of rear-end accident cases in Harrison County courts. We understand local procedures, know the judges, and have relationships with medical experts who can strengthen your case.
This local knowledge allows us to anticipate challenges and develop strategies that maximize your compensation. We know which arguments work with local juries and how to present your case most effectively.
No Upfront Costs or Attorney Fees
We handle all rear-end accident cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. This arrangement allows you to pursue justice without financial stress during your recovery.
Our fee is a percentage of the settlement or verdict we obtain, aligning our interests with yours. We only succeed when you receive the compensation you deserve.
The Claims Process for Rear-End Accidents
Understanding the claims process helps you make informed decisions about your case. Most rear-end accident claims settle through negotiations with the insurance company, but we prepare every case for trial.
We begin by submitting a comprehensive demand package that includes all medical records, bills, lost wage documentation, and a detailed explanation of how the accident occurred. This package demonstrates the full value of your claim.
Insurance companies typically respond with a lower counteroffer, beginning the negotiation process. Our attorneys use their experience and knowledge of similar cases to push for fair compensation.
If negotiations fail to produce an acceptable settlement, we file a lawsuit and prepare your case for trial. Many cases settle during litigation as the trial date approaches and the insurance company faces the possibility of a larger jury verdict.
Rear-End Accident Frequently Asked Questions
Should I Accept the First Settlement Offer After Being Rear-Ended?
You should never accept the first settlement offer without consulting an experienced attorney. Initial offers are typically far below the true value of your claim and may not account for future medical expenses or long-term complications from your injuries.
How Much Compensation Can I Expect for My Rear-End Accident Injuries?
Compensation varies significantly based on the severity of your injuries, the impact on your daily life, and the strength of the evidence in your case. Minor soft tissue injuries may settle for thousands of dollars, while severe injuries requiring surgery can result in six-figure settlements.
What If the Other Driver Claims I Stopped Suddenly?
Insurance companies often blame the victim to reduce their payout, but Mississippi law still holds the following driver responsible for maintaining a safe distance. We gather evidence like traffic camera footage and witness statements to counter these false claims.
How Long Will My Rear-End Accident Case Take to Resolve?
Some cases resolve within a few months, while more complex matters involving serious injuries or disputed liability can take longer. We work efficiently to resolve your case while ensuring you receive full compensation for your damages.
Can I Still Recover Compensation If I Was Partially at Fault?
Yes, Mississippi’s comparative negligence law allows you to recover compensation even if you were partially responsible for the accident.
What Should I Do If the Other Driver Was Uninsured?
If the at-fault driver lacks insurance, you can file a claim under your own uninsured motorist coverage. We help you navigate this process and ensure you receive the maximum benefits available under your policy.
Don’t let insurance companies take advantage of you after a rear-end accident. Contact us for your free consultation today. We’re here to fight for the compensation you deserve while you focus on healing from your injuries.