Tupelo Driver Fatigue Car Accidents

In Mississippi, most injured parties have three years from the date of the accident to either settle their claim or properly file a lawsuit in the proper jurisdiction. Exceptions apply if the defendant is a government entity within the state. Accordingly, it is important to hire a car accident lawyer in the Tupelo area immediately after a car accident so that you do not lose out on your right to recover. Every case is unique, and they all have different variables that must be addressed along the way. Specifically, in driver fatigue car accidents, witness reports can be extremely important. An independent witness testifying that he or she saw the at-fault party dosing off or yawning can greatly improve your chances of being able to prove the defendant’s negligence. Over time, witnesses may leave town or change phone numbers, evidence can be lost, and important information may be forgotten. You should retain a Tupelo attorney who can immediately begin the investigation process to preserve all necessary evidence related to your claim.

Investigating a driver fatigue car accident usually starts by determining how to prove the defendant driver’s negligence, or failure to act reasonably under the circumstances. Under Mississippi law, negligence is found when the following elements are proven:

1. Duty owed to the plaintiff by the defendant.
2. Breach of that duty.
3. The cause of the plaintiff’s injuries resulted from the breach (direct and proximate causation).
4. The plaintiff suffered damages as a result of the breach.

An injured party must prove the above four elements by a preponderance of the evidence. This means that evidence will be judged by its truth and accuracy, not strictly by the amount of evidence presented. Sometimes, the defendant will introduce evidence that asserts comparative fault against the plaintiff. Mississippi law follows pure comparative negligence. In pure comparative negligence states, the injured party’s own negligence will not automatically bar his or her recovery, but it may operate to reduce the award by the percentage of the negligence attributed to him or her. This could reduce the victim’s recovery for compensatory damages like medical bills, lost wages, pain and suffering, and permanent scarring or disfigurement.