Tupelo Texting While Driving Accidents

First and most important, anyone hurt in a car accident in Tupelo should know that under Mississippi law, he or she usually has three years to either reach a settlement or file a lawsuit against the at-fault party in the appropriate court. However, if the at-fault party was a government entity, such as a state or local agency, department, board, hospital, or university, then the injured party will only have one year to settle the claim or properly file a lawsuit. Failure to abide by the applicable statute of limitation will result in forfeiture of the claim.

Second, the injured party must prove that the defendant driver was negligent to recover for damages caused by the crash. To meet this burden, the injured party must show that the defendant owed him or her a duty to drive safely. This is basically implied each and every time someone gets on the road. Next, the victim must prove that the at-fault driver breached that duty to drive safely. This is normally illustrated by showing that the distracted driver was not paying attention or violated a traffic law. Texting while driving will fit into this category. Under Mississippi law, it is illegal for a driver to write, send, or read a text message from a moving motor vehicle. In order to prove the at-fault party was texting, a car accident lawyer in Tupelo can interview witnesses and pursue phone records through discovery.

Once negligence is established, the injured party must then prove that the defendant’s actions were the direct cause of the injuries suffered. To prove this, the injured party will need to show that he or she would not have been injured if the defendant was not texting while driving. Lastly, anyone injured in a texting while driving accident must show that they sustained damages as a result of this accident. Damages can be both economic and non-economic. Economic damages generally pertain to lost wages and medical bills, while non-economic damages are generally in the form of pain and suffering, mental anguish, emotional distress, and loss and enjoyment of life.