Jackson Rear End Accident Lawyer
There’s that old trope that a rear-end accident is always the fault of the driver who rear-ended the other car. That is not, actually, true. Mississippi is a “pure comparative negligence” state in which two drivers can be assessed some percentage of the blame for an accident. Our Jackson rear end accident lawyer can help with rear-end accidents, comparative negligence, and common injuries emerging from rear-end accidents.
Why is the rear-end driver usually at fault?
Unless one driver has backed their car into another driver’s vehicle, then the trailing driver is presumed to have a better view of the car directly in front of him when it was struck. Usually, rear-end accidents can be chalked up to simple traffic violations such as:
- Tailgating or following too closely
- Unsafe lane change
- Distracted driving
- Drunk driving
- Unsafe driving for specific weather conditions
- Construction zone infractions
- Semi-truck infractions
While a rear-end accident is generally 100% the fault of the trailing driver, the leading driver may not stop suddenly simply because they believe someone is driving too closely. Likewise, they cannot be driving substantially under the speed limit without their flashers on. Further, the loss of a brake light can be held against the rear-ended driver in court.
Understanding comparative negligence
Let’s say that you are rear-ended by a driver, suffer some injuries, and need repair work to your car. You tell your insurance company about the accident, and they say they’ll take care of it for you. However, the driver of the other vehicle claims your brake lights weren’t working, and you stopped suddenly because you got mad that another vehicle was tailgating.
In a personal injury lawsuit, the plaintiff can be held 99% liable for their own injuries and still recover 1% of their damages. However, any finding of negligence against the plaintiff counts against them and reduces their award by the percentage of their fault. A plaintiff assigned 50% of the blame would only be entitled to half of his total damages. If the defendant were injured too, he would be able to make a separate claim against you. The two claims would offset and the difference would go to one party or the other.
Injuries resulting from rear-end accidents
Rear-end accidents, despite being commonplace, can result in significant injuries to the head and neck. Whiplash is quite common and so are other spinal injuries. Head trauma, while less common, still occurs. Damage to the cervical spine and discs also occurs. These injuries can prevent you from continuing at your job or even doing work for which you are qualified. If the pain persists, your quality of life may be impacted too. Those are all injuries for which you deserve to be compensated.
Talk to a Jackson, MS Rear-End Accident Attorney
If you’ve been involved in a rear-end accident, you’ll need an attorney to help protect your claim from the other party and their insurance company. Call Keith B. French Law, PLLC today to schedule a free consultation and learn more about our services.