distracted driving accidents jackson

Jackson Distracted Driving Accident Attorney

Distracted driving is unfortunately common in Mississippi, as it is across the country. People using their phones, eating while driving, or even just changing the radio station happen all the time. While these actions may not seem like a big deal, they can be incredibly distracting for drivers and cause them to lose focus on the road ahead.

If you've been involved in an accident and believe that somebody else's negligent, distracted driving was the cause, you may be able to pursue compensation for your injuries and losses. The most effective way to determine what steps you should take next and what you may be able to recover is to speak with an experienced Jackson distracted driving accident attorney. Feel free to reach out to our team whenever you're ready to discuss your options.

How can we help

Understanding the Mississippi distracted driving law

The Mississippi distracted driving law is designed to keep roads safer by limiting the use of hand-held electronic devices while you’re behind the wheel. Drivers in Mississippi are not allowed to write, read, or send text messages, or engage with social media, on a hand-held phone or device while driving.

Mississippi law prohibits texting/social media on a handheld device but does not generally ban all handheld phone use, such as making or receiving calls. The definition of a “text message” under the law covers not only texting, but also emails and instant messages. There are exemptions for things like emergency or traffic alerts and vehicle navigation alerts.

Penalties for texting while driving in Mississippi

In Mississippi, violating the distracted driving law comes with a $100 fine. If the distracted driver causes an accident, they could face civil liability and be sued by the injured party.

Building a case if the driver did not violate Mississippi distracted driving laws

To build a case against someone who caused an accident that you were involved in, you don't necessarily have to prove that they violated a law. Distracted driving in terms of personal injury law can mean a lot more than just sending a text while you're driving. For example, if someone causes an accident because they were doing their makeup in the car, you may still be able to build a strong case.

You’ll have to prove that the defendant was negligent, not that they violated the law. You do this by showing that they behaved in a way that a reasonable person wouldn’t in regards to safety on the road.

Why you need a Mississippi distracted driving lawyer

There's no legal requirement for you to have a distracted driving lawyer if you're filing an insurance claim or a lawsuit, but it's always helpful to speak with one and see if they can assist you. Here's what they can do for you:

Investigating the accident and preserving evidence

Your attorney can collect phone records, witness statements, camera footage, and other evidence to show the at-fault driver wasn’t paying attention, making your case more convincing.

Negotiating with insurance companies

Insurers often downplay distracted driving to avoid larger payouts. A lawyer negotiates on your behalf to make sure your losses are taken seriously.

Presenting your case in court

The reality is that it's very difficult to present your own case if it moves past negotiations and into court. Lawyers are trained to know what documents to file and how to build a strong case and present it effectively to the court and a jury. If you haven’t been able to negotiate a settlement on your own and think you may need to take it further, you should seek legal help as soon as possible.

Working with a legal professional is a good way to level the playing field and ensure that the insurance company takes you seriously.

Common types of driver distractions

When people are distracted while driving, they often think only of using a cell phone. In reality, there are many different types of distractions, including:

Texting or talking on the phone (Even with hands-free devices)

Texting is one of the most distracting things you can do while driving because it takes your eyes, hands, and mind off the road. Even using hands-free phones slows reaction times and diverts mental focus, causing drivers to miss what's going on around them and in front of them.

Using in-car technology like GPS or radios

Inputting an address on a navigation system or fiddling with radio stations requires a driver to look away from the road, use their hands, and think about something other than driving. Even quick glances or adjustments break concentration.

Eating or drinking behind the wheel

Many drivers eat breakfast or sip coffee while driving - sometimes there's no time to sit down for a meal. This usually means dealing with wrappers, beverage cups, or taking at least one hand off the wheel. These small actions can quickly take focus off driving.

 

Talking to or disciplining passengers or children

Managing conversations, or worse, disputes, in the car adds stress and a significant distraction for the driver. This can cause the driver to stop paying attention to their speed or even drift out of their lane.

Reaching for items inside the vehicle

If a driver drops something while they're driving and tries to pick it up, this can be more dangerous than people realize. This almost always means that they're taking their eyes off the road when they lean down to try to grab something, even if it's nearby. This is incredibly risky and can lead to accidents.

Personal grooming (Like applying makeup or shaving)

Putting on makeup or doing something as simple as looking at your hair in the rearview mirror is enough to put a driver's life and the lives of those around them at risk. Taking their eyes off the road means they aren't paying close enough attention to what is going on in front of them on the road.

Looking at objects outside the vehicle (“rubbernecking”)

People have a tendency to look around them while they are driving. This is especially true if there is a car accident on the side of the road, which leads drivers to slow down and look away from the road ahead. This creates a lot of stop-and-go traffic, and when a driver's attention is elsewhere, it could lead to rear-end accidents.

These are just some examples of distracted driving; anything that takes your eyes off the road and puts your attention on something else can be distracting and risky.

Jackson distracted driving FAQ

What is considered distracted driving in Mississippi?

Distracted driving is generally considered anything that takes your attention off the road. This could be using your phone, which is incredibly common, or something like making sure your child is okay in the backseat.

Can I still recover damages if I was partially at fault?

In Mississippi, you can recover damages even if you were partially at fault. Mississippi follows a pure comparative negligence standard for car accident cases. This means you can recover compensation no matter how much fault you bear for the accident. Any amount that you recover will be reduced by your percentage of fault.

What damages can I recover after a distracted driving accident?

If you've been injured in a distracted driving accident that wasn't your fault, you can recover a wide range of damages. You're usually able to pursue economic losses, which often include present and future medical expenses, lost wages, lost future income, and property damage you sustained in the accident. You may also be entitled to non-economic damages, such as pain and suffering, loss of enjoyment of life, and emotional distress, among others. In severe circumstances where the defendant's behavior was particularly egregious, you could be entitled to punitive damages, which require clear and convincing proof of malice, gross negligence with reckless disregard, or fraud.

Do I have to go to court?

The majority of personal injury cases, including distracted driving accidents, do not make their way to court and all the way to trial. Negotiations usually resolve the matter. That doesn't mean it isn't possible, though. If you aren't able to come to an agreement with the insurance company, you and your lawyer might decide that the best path forward is to file a lawsuit, and it could go all the way to court.

Do you have a Jackson distracted driving lawyer near me?

Yes. We have an office in Jackson located at 2630 Ridgewood Road, Suite D, Jackson, MS 39216. Our team can meet you in person at our offices or schedule a phone or video consultation. Just reach out to get started.

Contact Merkel & Cocke Attorneys at Law to schedule a free consultation with our Jackson distracted driving accident attorney

Distracted driving should be taken seriously, as it can be incredibly dangerous and increase the risk of accidents significantly. If you’ve been injured by someone's negligence, you deserve accountability. Let our team help you fight for compensation and justice. Call today or fill out our online contact form to schedule your free consultation. You can also use the live chat feature on our website if you’re more comfortable communicating that way.