Drivers who fail to pay attention to the road can increase the risk of a car accident. When distracted driving car accidents in Olive Branch lead to injuries, victims can file lawsuits to recover compensation.
If you or a loved one were injured in a crash caused by distracted driving, it is important to speak with The Law Office of David E. Gordon & Elissa M. Coombs as soon as possible. Delays in filing your claim may impact your ability to file a lawsuit.
Top Causes of Distracted Driving Crashes
Various behaviors behind the wheel can be considered distracted driving. The potential harm from a distracted driving car wreck in Olive Branch is magnified when other traffic violations, such as speeding, accompany it.
Some examples of actions that are considered distracted driving include:
- Adjusting the car stereo or climate controls
- Reaching for an object inside the car
- Applying makeup or other personal grooming
- Eating or drinking
- Talking on a cell phone
- Texting or operating a handheld device
- Rubbernecking, which is staring at a roadside distraction, like an accident
The state has implemented specific rules to deter certain distracted driving behaviors. For example, Mississippi Code Annotated § 63-33-1 prohibits using a cell phone to write, send, or read a text message while driving. The rule also specifically prohibits posting to a social networking platform while operating a vehicle.
Liability for Distracted Driving Car Crashes
Injured persons pursuing a lawsuit for negligence stemming from a distracted driving car crash in Olive Branch must prove that the allegedly at-fault party breached a duty of care.
Motorists generally have a duty to obey state traffic laws and operate their vehicles reasonably. If the injured person can prove the defendant breached their duty of care, they must also show that this breach was the actual cause of harm to the victim.
However, many car accidents within the state are caused by the negligence of more than one person. If an injured person’s own negligence contributed to the accident, a court may limit compensation in accordance with Miss. Code Ann. § 11-7-15.
The rule codifies the state’s pure comparative negligence policy, which stipulates that an injured party’s own negligence does not completely bar them from recovering compensation. However, the court will reduce compensation according to the injured person’s percentage of fault.
For example, if a victim seeking $100,000 in compensation is found 50 percent at fault, they can only recover up to $50,000 in compensation.
Our experienced lawyers can help clients assess the available evidence to prove negligence.
Time Limits to File Distracted Driving Auto Accident Claims
One of the most important steps in recovering compensation from a personal injury lawsuit based on an Olive Branch distracted driving crash is filing the claim in a timely manner. Our qualified attorneys can advise clients on the deadline to file their claims.
As a general rule, Miss. Code Ann. § 15-1-49 provides that an injured party has three years to file their claim from the date of the accident. This time limit makes it critical for an accident victim to immediately seek medical attention if they suspect any injuries and promptly speak with a lawyer.
Failing to file the lawsuit before this deadline will result in a court dismissing the action unless there is an exception. For example, the tolling period does not begin until age 21 for minors under Miss. Code Ann. § 15-1-59.
Talk to a Lawyer After a Distracted Driving Car Crash in Olive Branch
A car accident is a stressful event. You may face significant medical expenses if injured and need to take time off from work.
The Law Office of David E. Gordon & Elissa M. Coombs can help victims recover compensation after distracted driving car accidents in Olive Branch. Call today to schedule a free case evaluation and let our team of dedicated attorneys fight for your rights.
