MS truck accident car hitting back of truck

Comparative Fault Rule in Mississippi Personal Injury Cases

Helping accident victims obtain all the compensation they deserve

In many accidents, it’s crystal clear who is at fault. In some cases, though, a victim may be partially at fault for an accident. In Mississippi, the good news is that even if you are partially responsible for an accident, you can still receive compensation (reduced by your percentage of fault). However, your damage award or settlement will be reduced by your percentage of fault.

At Merkel & Cocke, P.A., we work to show that you are not even partially at fault for your accident. If an accident is partially your fault, we work to minimize your degree of fault and maximize the degree of fault of the defendants. Don’t assume you don’t have a claim. Mississippi follows a pure comparative negligence system, meaning recovery is barred only if the plaintiff is found 100% at fault.

How can we help?

What is the comparative fault rule in Mississippi?

Mississippi Code Ann. § 11-7-13 provides pathways for families can seek damages for their injuries or the death of their loved one. The amount of damages will be reduced by the jury in proportion to the victim’s amount of negligence under Mississippi Code Ann. § 11-7-15.

Most states use either a contributory negligence rule or a modified comparative negligence rule.

  • The contributory negligence rule. States that use this rule will deny your right to any compensation if you are just one percent responsible for an accident. In states that use this rule, insurance companies and defense lawyers will raise any argument they can find to assert a victim was partially responsible for an accident.
  • The modified comparative negligence rule. States that use this rule will completely deny a victim the right to damages if the victim is 50 percent or more responsible, or 51 percent or more (depending on the state) responsible. Otherwise, an accident victim can receive compensation, but the amount will be reduced by the victim’s percentage of fault.
  • The pure comparative negligence rule. States, such as Mississippi, that use the rule grant a victim’s right to compensation no matter how much the victim is responsible. Please note that this rule works two ways. If you’re in an accident with another car, for example, and you are 80 percent responsible and the other driver is 20 percent responsible, you can receive 20 percent of your damage award (usually from the other driver’s insurance policy), and the other driver can receive 80 percent of their damage award (usually from your insurance policy).

How pure comparative negligence works in Mississippi

A few examples can illustrate better how the pure comparative negligence rule works in Mississippi.

Fault percentages and damage reduction

Let’s assume in all examples that your claim is worth $100,000.

  • Example 1. You are struck by a distracted driver who is 100 percent responsible for your injuries. You should receive $100,000, assuming there is enough insurance coverage.
  • Example 2. You are struck by a distracted driver, but you were speeding at the time of the accident.
    • If there is a determination that you are 70 percent responsible, you should receive $30,000, assuming enough insurance coverage.
    • If there is a determination that you are 25 percent responsible, you should receive $75,000, assuming enough insurance coverage.
    • If there is a determination that you are 99 percent responsible, you should receive $1,000, assuming enough insurance coverage.
  • Example 3. You strike another vehicle while you are speeding. If you are found to be 100 percent responsible, you receive nothing.

Who determines fault?

When our Mississippi personal injury and wrongful death lawyers negotiate settlements, we assert that your negligence is as minimal as possible, while insurance adjusters will try to maximize your negligence. Ultimately, the amount of any settlement will depend on the strength/weakness of the liability claims, the amount of your damages, and the amount of insurance coverage.

Most personal injury trials are argued in front of a judge and jury. The judge determines what laws apply, while the jury determines what facts apply (including the value of the claim and the percentages of fault of each party).

How comparative fault impacts personal injury claims

Mississippi’s pure comparative negligence rule applies to most types of accidents, including the following:

Car accidents

In many car accidents in Mississippi, one driver is usually fully at fault. Comparative negligence is a factor in cases where both drivers are partially responsible.

Truck accidents

Many truck accidents involve multiple defendants. The defendants may include the truck driver, the truck driver’s employer, and the owner of the truck. The companies involved in loading and unloading the truck may also be responsible.

In cases where a victim (such as the driver of a car or a pedestrian) is partially responsible, then the victim’s damage award will be reduced by their degree of fault. We’ll explain how much you can receive from each defendant if you are partially responsible and multiple defendants are partially responsible.

Premises liability & slip and fall accidents

If you slip and fall while shopping, using, or visiting a property lawfully, a property owner may argue that if you had been watching where you were walking, you wouldn’t have fallen. At Merkel & Cocke, P.A., we fight to show the property knew of the dangerous condition that caused your fall and that you did not act unreasonably while on the property.

Unique cases

Patients may be assigned comparative fault if their conduct - such as failing to follow reasonable medical instructions – contributed to the injury.

Common insurance tactics using comparative fault

Insurance companies will try to show that you are partially at fault (and then your damage claim should be reduced in various ways, including:

  • Using recorded statements that you make to their adjusters or investigators to shift blame to you. Generally, you should not give any statements to the insurance companies for the defendants.
  • Examining your social media posts to see if any posts or comments might indicate you were partially responsible for an accident.
  • Questioning you during interrogatories and depositions about what happened, to try to show you were partially responsible for an accident.

Why legal representation matters in shared-fault cases

Our Mississippi personal injury lawyers understand when and how insurance companies and defense lawyers will try to show you were partially responsible for an accident. We anticipate those actions and work to counter them. Some of the ways we work to show the defendant(s) are fully responsible include the following:

Showing how the accident or negligence occurred through:

  • Police reports
  • Analysis of the damage to any vehicles, if you were in a car accident
  • Notices of prior complaints of dangerous conditions in premises liability claims
  • Expert analysis of products to show they were defective at the time of the accident.
  • Accident reconstruction analysis and testimony
  • Formally questioning the defendants in writing and in person
  • Hiring investigators to examine the scene of any accident, to talk with witnesses, and to inquire if there is any video of the accident
  • Other steps, depending on how the accident happened
  • Arguing that the value of your claim is so high that your claim is worth more than the insurance coverage, even factoring in some partial negligence on your part

Frequently asked questions

Can I recover damages if I was mostly at fault?

Yes. You can recover damages no matter your degree of fault (provided it’s less than 100 percent), but the value of your damage claim will be reduced by your degree of fault.

Does Mississippi cap fault percentages?

Mississippi has the following cap conditions:

  • Mississippi does not cap economic damages (such as medical bills, lost income, and property damage).
  • Mississippi caps noneconomic damages at $500,000 in qualifying medical malpractice cases and generally caps noneconomic damages at $1,000,000 in other covered civil actions under Miss. Code Ann. § 11-1-60.
  • Mississippi caps punitive damages based on the net worth of the defendant.

Does comparative fault apply to wrongful death?

Yes. The pure comparative negligence rule applies in wrongful death cases. We work to show your loved one was not responsible or minimally responsible for any deaths that occur due to the negligence or fault of another person or entity.

Do you have a Mississippi comparative fault lawyer near me?

Yes. We have offices at the following locations:

Clarksdale Office

  • 30 Delta Avenue
  • Clarksdale, MS 38614

Jackson Office

  • 2630 Ridgewood Road
  • Suite D

Greenville Office

  • 540 Main Street
  • ICON Building, Suite 302

Oxford Office

  • 2084 Old Taylor Road,
  • Suite 110

Meridian Office

  • 2121 5th Street
  • Suite 205

Our Mississippi personal injury lawyers also consult with clients by phone, through videoconferences, and away from the office when necessary.

We’re here to guide you through this difficult time.

Get help from Merkel & Cocke, P.A. today

Even if you’re partially at fault, you can still receive compensation for your medical bills, lost income, pain and suffering, and property damage – provided you’re not 100 percent responsible. In many personal injury cases, just the defendant is responsible. To assert your right to compensation and restart your life, please call us or use our contact form to schedule a free consultation.