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The importance of proving negligence after an accident

On Behalf of | May 17, 2024 | Car Accidents

A personal injury action against the other driver could bring you the compensation you need to get back on your feet. You could receive compensation for medical bills, lost wages and pain and suffering from the traumatic mental impact of the accident.

Receiving compensation requires you to prove the other driver was negligent. This means proving that they failed in their legal duty to drive safely and this failure directly caused your accident.

You must also prove your damages to receive the amount of compensation you are asking for. If you ask for $10,000 to cover your medical expenses, you must provide evidence such as statements or receipts to prove this number.

Gathering evidence

Proving negligence can be done through many types of evidence. Witness statements, photographs and videos of the accident scene are all good types of evidence.

You should always contact the police after a car accident. When the police arrive, give them your information and get their names and badge numbers. Ask for a copy of the police report, which can also be used as evidence.

Be careful what you say to the police or anyone else about the accident. Any statements you make could be viewed as admitting fault for the accident, including a simple apology.

Having strong evidence is extremely important because Mississippi follows what is called pure comparative negligence law. This means that the amount you recover depends on what a judge or jury determines is your own percentage of fault.

How comparative negligence works

For example, if another car rear-ends you because they were speeding, you could argue their negligence caused the accident. But what if the other driver says you were merging into traffic and did not use your turn signal? What if evidence then shows you were both on your phones and distracted at the time?