Jackson, MS Drunk Driving Accidents

Under Mississippi law, to be considered driving while impaired, the driver’s blood alcohol concentration (BAC) must be .08% or greater. However, for commercial truck drivers, the legal limit is lowered to .04%. Additionally, for a driver under the age of 21, the legal blood alcohol concentration level is dropped even lower, to .02%. Our car accident attorneys understand that drunk driving is typically proof of negligence, which is a failure to act reasonably under the circumstances.

Of 36 fatal accidents in Jackson in 2013-14, 11 (or nearly one-third) involved intoxicated drivers. Moreover, the number more than doubled from 2013 to 2014, an ominous sign. They occurred on major highways like I-55 North and its frontage road, as well as I-220, but they also occurred in other places like State Route 18 West and McDowell Road. In one of these crashes, unfortunately, a pedestrian lost their life. Thus, the statistics bear out the fact that driving under the influence is a reckless but all too common behavior among Mississippi drivers.

Driving while intoxicated is a crime in Mississippi. If someone is caught driving under the influence in Jackson, he or she may face criminal penalties including jail time, fines, and a suspended driver’s license. For multiple offenders, an ignition interlock device may be installed in his or her vehicle. Evidence in a criminal case may be used to meet the plaintiff’s legal burden in a civil case.

Although drunk driving is a criminal offense, the defendant’s insurer or attorney may try to place some, if not all, of the blame on the victim in a civil drunk driving accident case. They will argue that the victim took action that contributed to the collision, such as speeding or failing to yield. Even if some blame is placed on the victim, there may still be an avenue for recovery for injuries such as broken bones, concussions, or scarring.

Mississippi follows the doctrine of pure comparative fault. This means that an injured party’s rights to recovery may be reduced by his or her own percentage of fault, but that being partially responsible is not an automatic bar to recovery. For example, if you and a friend were hit by a drunk driver, you were cited for speeding, and the other driver was cited for DUI and failure to yield, a jury could allocate fault among both drivers. If the jury determines that you were 20% responsible for the collision, then you could collect 80% of the damages awarded to you at trial. Maximizing your legal rights is one reason to retain a Jackson personal injury lawyer who is experienced in handling drunk driving accident cases.