What is considered distracted driving in Jackson Mississippi?

 

According to the National Highway Traffic Safety Administration data, distracted driving is causing death on roadways reaching over 3,000 people in 2017.  This is a situation that can be resolved if drivers are reminded of the purpose of driving a car, and the need for safety for all others on roadways they will share.  If you are involved in an accident where distracted driving is found to be the cause, contact a personal injury accident attorney who can help with this matter.

Distracted driving.

Distracted driving is any activity that takes attention from driving and viewing erratic movements of other cars and potential roadway hazards. The list includes simple things like tuning a car stereo, blowing your nose, eating, drinking, talking to people in the car, minding a small child in the back seat and the biggest culprit – talking and/or texting on a cellular phone which could cause death to you or someone else, catastrophic personal injury, and property damage leading to devastating life changes and legal action. Of these distractions, texting has been found to be the worst because a driver takes their eyes off the road for at least 5 seconds which is significant if they are moving at 55 or more miles per hour.  Safe driving requires a driver’s full attention to decrease the possibility of accidents.

Mississipi.

In Mississippi bus drivers are not allowed to use cell phone and all drivers are not alllowed to text while driving. Under Mississippi law, a distracted driving accident victim must typically either settle his or her bodily injury claim or file a lawsuit within three years of the date of the accident. Different rules apply if the defendant is a government entity within the State of Mississippi, such as the City of Jackson. If the parties do not reach an amicable agreement to settle, or if a lawsuit is not properly filed with the appropriate court within that relevant period, then that claim would be time-barred and the injured party’s right to sue for his or her injuries can be lost forever. You must file your claim with a Mississippi court who has jurisdiction over your injury within that time-period or the court may refuse to hear your case under Title 15 of the Mississippi Code Sec. 15-1-49.

Negligence.

Mississippi has a “Pure Comparative Negligence Rule” where the percentage of your fault will determine how much compensation an accident victim may be entitled to recover. Compensation will be adjusted in accordance with that percentage of fault each driver is assigned. Mississippi does not cap damages in personal injury cases. The Mississippi Supreme Court has consistently ruled these caps unconstitutional under the state’s constitution.

Catastrophic injury.

Catastrophic injuries are those injuries that are so severe they can affect a person’s life permanently as is the case in many car accidents. Action must be undertaken to protect future health and financial stability based on the implications of the injuries sustained.  A successful legal outcome will yield a financial settlement between the parties with court awarded damages to cover current and future costs related to the accident injuries.

Damages.

Damages include compensation for replacement or repair of property, costs incurred from medical professionals treating injuries, loss of wages, changes in lifestyle, pain and suffering and wrongful death claims.

Seek legal counsel.

Contact Williams, Newman & Williams to reach an experienced, successful personal injury accident lawyer in Jackson, who will make sure you receive compensation that addresses medical expenses, property damages, lost wages, future lost wages, and pain and suffering.

Call 601-228-6722 for a free consultation.

Williams, Newman & Williams, PLLC

129 B South President Street

Jackson, MS 39201

Sources:

https://www.ghsa.org/sites/default/files/2019-10/DistractedDrivingLawChart_Sept19.pdf