Highway 302 is one of the busiest roads here in Southaven, with heavy traffic from local commuters, truckers, and out-of-town travelers. With all this activity comes an increased risk of accidents; if you were injured in a crash on Highway 302, proving who was at fault is one of the most important steps in securing the compensation you deserve for your damages.
What does “liability” mean in a Southaven accident case?
“Liability” means legal responsibility for the accident. For example, if another driver caused your crash, they (or their insurance company) are responsible for paying your damages. These damages can include medical bills, lost wages, car repairs, and pain and suffering.
To prove liability, you (and your lawyer) will need to show that the other party acted negligently. Negligence means that the driver failed to exercise reasonable care behind the wheel, which directly caused your accident. Some examples of negligent behavior include:
- Speeding
- Running red lights or stop signs
- Distracted driving (like eating or texting while driving)
- Driving under the influence of alcohol or drugs
- Failing to yield the right of way
Why does proving liability matter?
Mississippi follows a fault-based system for car accidents. This means that the at-fault driver is responsible for the costs of the accident. To recover compensation, you’ll need to demonstrate that the other driver was primarily responsible for the crash. The better your evidence, the stronger your case.
In our state, you can still recover compensation even if you share some of the blame for the accident. However, your compensation will be reduced by the percentage of fault you have. For example, if you’re found to be 20% at fault for the accident, you’ll receive 80% of the total damages awarded. This system is called comparative negligence.
How do you prove liability in an accident on Highway 302?
The Southaven car accident attorneys at Taylor Jones Taylor can help you prove that the other driver was liable for your accident. Here’s a step-by-step breakdown of establishing liability after a car accident.
The first thing you should do after any accident is call 911. The police will investigate the scene, interview drivers and witnesses, and document their findings in a report. This report can offer important information for your attorney, as it often includes names of witnesses and the officer’s opinion on who caused the accident. Make sure you get a copy of the police report once it’s available. If you don’t know how to obtain yours, our personal injury attorneys can help you.
While you’re waiting for the police to arrive, gather as much evidence as you can – if it’s safe to do so. For example, take photos or videos of the accident scene, including vehicle damage, skid marks, road conditions, and traffic signs. Capture the positions of the vehicles before they’re moved. Get contact information for any witnesses who saw the accident. Remember, the more evidence you have, the easier it will be to prove liability later.
Even if you initially feel fine, it’s important to go see a doctor as soon as possible. Some injuries, like concussions or internal bleeding, may not show symptoms right away. Your medical records also serve as evidence linking your injuries to the accident.
Our personal injury attorneys can also analyze the circumstances of your accident and determine which laws the other driver may have violated, like failing to yield at an intersection, speeding or tailgating, or running a red light.
In some cases, our lawyers may call on expert witnesses to provide insights into your accident. Accident reconstruction experts, for example, can recreate the crash using physical evidence and witness statements. These findings can help establish who was at fault, especially in disputes involving speed, braking, or visibility. We can also consult with medical experts to testify about the severity of your injuries and how they’re connected to the accident.
Our attorneys are also here to help gather additional evidence to prove liability, including:
- Dashcam footage. If you or another driver had a dashcam, the footage can provide a clear view of what happened before and during the crash.
- Traffic camera footage. Many intersections on Highway 302 have traffic cameras. Your attorney can request this footage if it’s available.
- Cell phone records. If you suspect the other driver was texting behind the wheel, their phone records could prove they were distracted.
What are common accidents on 302?
Highway 302 sees a variety of accidents, each with its own set of challenges when it comes to proving liability. Here are some common types of accidents:
- Rear-end collisions. In most rear-end collisions, the driver who hit the car in front is held at fault. Drivers are expected to maintain a safe following distance, and failing to do so can be seen as negligence.
- T-bone accidents at intersections. These types of accidents often happen when one driver runs a red light or stop sign. Witness testimony, traffic camera footage, and skid marks can all help determine which driver had the right of way.
- Truck accidents. Highway 302 sees a lot of truck traffic, and large truck accidents can be catastrophic. Proving liability can include investigating the truck driver’s actions, their employer’s safety processes, and the vehicle’s maintenance records.
- Multi-vehicle pileups. In a chain-reaction crash, multiple drivers can share liability. Determining who is at fault often requires a thorough investigation and the input of accident reconstruction experts. A multi-car pileup took one person’s life and injured several others back in March on 302.
- Pedestrian and bicyclist accidents. If a pedestrian or cyclist is struck along Highway 302, liability will depend on whether the driver obeyed traffic laws.
How can your Southaven personal injury attorneys help?
Proving liability in a car accident case isn’t always straightforward. That’s where the experienced attorneys at Taylor Jones Taylor come in. Here’s how we can help:
- We gather all available evidence, from crash reports to expert testimony, to build a strong case on your behalf.
- We negotiate with insurance companies, who often try to minimize payouts and fight for the fair compensation you deserve.
- If a settlement can’t be reached, we take your case to court and present a compelling argument on your behalf.
An accident on Highway 302 in Southaven can turn your life upside down. But you don’t have to face the legal process alone. Let the car accident attorneys at Taylor Jones Taylor hold the responsible party accountable and secure the compensation you need to recover from your injuries and damages. We’re here to answer your questions, investigate your case, and fight for your rights. Please call our offices or fill out our contact form to schedule a consultation. We serve clients in Southaven, Olive Branch, Hernando, and throughout Mississippi.
Benjamin L. Taylor is a lifelong resident of DeSoto County and has distinguished himself in the area of products liability and personal injury law. He has a reputation as a fierce advocate for his clients and has obtained millions of dollars in verdicts and settlements over his career. He has been listed in the publication Super Lawyers of the Mid-South in the area of product liability. To learn more about Mr. Taylor, please refer to his biography page.
