If you have been in a car accident involving another vehicle, you may assume that either you or the other driver is at-fault for the collision. However, it is very possible that you were both negligent, and therefore, you both played a role in causing the car accident. In fact, many accidents involving multiple vehicles have multiple at-fault parties. In at-fault accident states, such as Mississippi, at-fault parties and their insurance companies are held liable the injuries and damages in an accident.
What happens if I am partially responsible for the accident?
In many states, including Mississippi, you can still file a claim to recover compensation for your accident-related injuries and damages, even if you are partially liable for the accident. Generally, states will follow one of these three standards to regulate multi-party negligence.
- Pure comparative negligence: Mississippi follows a pure comparative negligence system. This means that even if you are 99 percent liable for the accident and the other driver is one percent liable, you can still recover damages.
- Modified comparative negligence: In some states, you must be no more than 50 percent liable for the accident in order to recover damages.
- Contributory negligence: In a few states, you will not barred from recovering damages, unless you are not at all at-fault for the accident.
How much will I recover under the pure comparative negligence standard?
The total amount of damages you recover will depend on the percentage of fault apportioned to you. For example, let’s say you were awarded $100,000 in damages for your medical expenses, lost wages, and pain and suffering after your accident. if you are 70 percent at fault, while the other driver is 30 percent at fault, your $100,000 will be reduced by 70 percent, leaving you with $30,000.
Even if your damages are reduced due to your own negligence, you can still recover a significant amount after an accident. A personal injury attorney in your area can review your claim and give you an idea of how much compensation to expect if you choose to go forward with your claim.