Traffic accidents are common sources of injuries across Mississippi. Managing medical expenses and your recovery process after any crash can be overwhelming. However, these challenges can be even more frustrating when the source of your injury is a preventable accident caused by another driver’s recklessness.
When you experience catastrophic injuries, the expenses you have to deal with may seem insurmountable. However, the other driver could be financially liable for these damages. A knowledgeable attorney like David E. Gordon can help you understand your options for securing compensation after a rollover car accident in Olive Branch.
Seeking Compensation From Negligent Drivers
A person is considered legally negligent when they breach their duty to act with reasonable and standard care, causing injuries to another person. When it comes to car crash claims, this standard of care is to follow traffic laws and drive safely. If a driver disregards the rules of the road, perhaps by speeding or texting while driving, they have breached this duty.
If someone’s unsafe driving habits cause them to collide with another vehicle, they may be legally responsible for the costs associated with any injuries they cause. A plaintiff in Olive Branch who can successfully prove another driver’s negligence caused a rollover car crash may be able to recover the costs of their medical care, property damage, and lost wages.
Contributory Negligence
Mississippi is a “comparative fault” state. Under Miss. Code Ann. § 11-7-15, if a jury finds that a plaintiff’s actions contributed in some way to their injuries, they may reduce available compensation by that plaintiff’s percentage of fault. For example, if the jury determines the defendant was 90 percent responsible for the accident, but the plaintiff was 10 percent at fault, the plaintiff’s compensation may be reduced by 10 percent.
Gross Negligence and Punitive Damages
Gross negligence is often a factor in especially destructive crashes like rollovers. Unlike standard negligence, gross negligence involves not just carelessness but willful recklessness. These cases involve drivers who are aware of the danger they are creating but ignore any concern for others’ safety.
For example, rollover car crashes are often caused by drivers traveling at excessive speeds while participating in street races. Street racing is in violation of Miss. Code Ann. § 63-3-502, and drivers who cause collisions because of street racing could potentially be found grossly negligent for their level of recklessness.
If a defendant driver is found to be grossly negligent, they could be liable for providing additional compensation to an injured plaintiff. This additional compensation takes the form of punitive damages as defined by Miss. Code Ann. § 11-1-65. Monetary awards for punitive damages can vary greatly, but an Olive Branch attorney with experience handling rollover car accident claims can help an injured person determine which punitive costs may apply to their case.
Contact a Rollover Car Accident Attorney in Olive Branch
If you have been injured by another person’s reckless or negligent driving, you should not have to bear the costs of your recovery alone. Attorney David E. Gordon understands the laws that apply to rollover car accidents in Olive Branch and can help you hold a careless driver accountable.
Call to learn how our firm could make the strongest case possible to help you get the compensation you deserve. We offer free consultations, so schedule yours today.
