Tupelo Rear-End Car Accidents

In most cases, the blame for the accident lies with the driver who rear-ends the driver ahead of them. After all, Mississippi law states that the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. Rear-end accidents are usually the result of the driver to the rear following too closely (which greatly reduces the time in which they can react to the driver ahead of them), being fatigued, or being distracted. However, if the driver that was rear-ended did not have functioning brake lights before the accident, then the rear-ended driver may be liable for the accident. The driver that was rear-ended may also be liable, for example, if they cut in front of another driver without signaling or did not leave sufficient room between their vehicle and the driver behind them.

When seeking compensation for your injuries, you will more than likely need to establish the other driver’s negligence by proving certain elements. First, you may need to prove that the defendant owed you an obligation to use reasonable care while driving. Second, you may need to prove that the defendant failed to uphold that obligation. Lastly, you may need to prove that the defendant’s failure resulted in your injuries. If the defendant decides to claim that you were comparatively negligent, however, you may find your damages reduced by the percentage of fault attributed to you by the court. The State of Mississippi utilizes pure comparative negligence, so even if you were found to be partially responsible for the wreck by a jury, you would still be able to be awarded damages, minus your percentage of fault.

Whether it comes to establishing negligence or pursuing compensation for injuries, rear-end car accidents can be tricky. If you have an experienced car accident attorney by your side, though, the process can be a lot smoother. A Tupelo personal injury lawyer can explain your rights to you and assist in gathering evidence to strengthen your claim. If the defendant says you are partially responsible for the accident, an attorney can defend you against those allegations. A lawyer can be the difference between the compensation you deserve and a sliver of the recovery you desire.