In Mississippi car wreck cases, an injured passenger has rights. In most cases, passengers of a vehicle are not at fault, and the amount of damages they can collect is not limited. A passenger has a valid claim against the driver of the car they were in during a car wreck. For example, a passenger who was injured in a single vehicle crash that was caused by the driver’s negligence, such as speeding and losing control of the car, has the right to sue the driver for damages such as medical costs, lost wages, and pain and suffering. The driver of the motor vehicle owes their passenger the duty to use reasonable care during operation and is legally responsible and liable for the injured passenger’s damages.
The driver or operator of any motor vehicle has an obligation to drive carefully to prevent injury to passengers, and other vehicles. This is known as the duty of care. If a driver fails to use duty of care, and a passenger is injured or killed, that passenger or the passenger’s loved ones have the right to recover damages from the driver.
Suppose you are a passenger in car that collides with another vehicle. If both drivers were partially at fault, the driver of the car in which you were riding will be limited in his or her recovery based on his or her comparative negligence. Because you were not at fault in any way, however, you are entitled to recover the full amount of your damages. You may sue both drivers. This is especially important if you have suffered severe injuries, and your damages are higher than the individual insurance policy limits of each driver. In such a situation, you could sue for the maximum allowed under both insurance policies. If their policy amounts don’t cover your damages, you can also file a personal injury lawsuit.
There are situations in Mississippi called pure comparative fault in which a passenger may be considered either at fault, or comparatively negligent. One example is if a passenger interferes with the driver’s actions, for instance, by grabbing the wheel or physically attacking the driver. Another example is if you willingly got into a car driven by a person you knew to be under the influence of alcohol or drugs. Let’s say you’ve been to a party or social gathering and the friend who drove you there becomes visibly drunk. You know your friend is legally impaired, but allow your friend to drive you home anyway. On the way, the driver runs get in a car wreck, causing you serious injury. In areas where pure comparative fault or comparative negligence applies, your damages would be reduced based on the degree to which you are found negligent.
If you have been injured in a car wreck while a passenger in a motor vehicle, you should contact an experienced Mississippi Personal Injury Law Firm as soon as possible. Our Mississippi Car Wreck Attorneys charge nothing to hear your case, and are available by calling 601-948-8005 or by using our live chat.
