Common Car Accident Questions

Frequently Asked Questions for our Car Accident Lawyers

Every car wreck case is unique. Still, there are common issues that our firm has seen in auto accidents we have investigated over the years. Below are frequently asked questions (FAQs) and answers about car accidents that our law office receives.

If you would like to learn more about how we can help you after an accident that has caused you or a family member to suffer serious injury, please don’t hesitate to contact us.

We serve clients throughout Mississippi.

Car Accidents

Can I afford to hire an attorney?

You can afford to hire an attorney at our firm. Our lawyers work on a “contingency fee” basis. This means the fee for our legal services is contingent on recovering money damages for you. If we secure a recovery for you, we will charge a fee that represents a percentage of the settlement or court award. If we don’t recovery compensation on your behalf you will not pay anything for the legal services provided.

This means there is no out-of-pocket cost for you. It also ensures that your attorney will be motivated to obtain all of the compensation legally available to you.

Simply contact Abdalla Law, PLLC, today to get started.

I’m sure the driver who hit me was on a cell phone. Isn’t this illegal?

Though many states have banned all use of a cell phone behind the wheel, Mississippi has prohibited only texting while driving by drivers with learner’s permits or provisional licenses and school bus drivers.

Still, any use of a cell phone behind the wheel could be considered “distracted driving.” A driver should be held accountable for this conduct when it results in injuries and other losses.

The drivers’ cell phone records, which would be subpoenaed as part of a lawsuit, would clearly show when they were on the phone and if they were texting or talking to someone at the time of your accident.

Have I waited too long to seek compensation for my car accident injuries?

If it has been more than three years since your accident, you may have a problem.

Mississippi law sets a statute of limitations in personal injury cases that requires most claims to be filed within three years of the date of the injury. However, the same statute says that in cases of “latent injury or disease,” the three years does not start until the plaintiff has “discovered, or by reasonable diligence should have discovered,” the injury.

A car accident attorney who is experienced with Mississippi law would be able to investigate you accident and injuries and advise you about legal rights that are available to you in light of Mississippi’s statute of limitations.

What if I know that the driver who hit me was at a local bar before causing the accident that I was injured in?

Mississippi’s “dram shop” law generally protects those who sell alcohol from liability for any trouble their customers get into after consuming alcohol. But, if a customer was “visibly intoxicated” when they bought the alcohol, the seller can be held liable for damages caused by that customer that are linked to their intoxication, including causing car accidents, injuries or deaths.

Can I sue a drunk driver who caused my wreck?

Drunk driving is, of course, illegal. It is widely considered to be reckless driving. A drunk driver can usually be held liable for injuries and other losses in a crash they have caused.

In some cases, a drunk driving lawsuit also results in the award of punitive damages. This is an award of damages that is meant to punish the at-fault driver for egregious behavior. If your car accident attorney uncovers the fact that the driver had several DUI convictions before the wreck you were involved in, it could demonstrate the driver’s disregard for the safety of others.

There was a company logo on the car that hit me. Do I have a valid claim against the other driver’s employer?

Possibly. If the driver was behind the wheel of the vehicle as part of their legitimate job duties, their employer may be held liable for any accidents or injuries their employee caused. This is what’s known as a “third-party” liability claim. Such a lawsuit would have to show that the driver was on duty at the time of the crash and acting within the course and scope of his or her employment when the crash occurred.

What if the driver who hit me did not have car insurance?

If you have uninsured/underinsured motorist (UM/UIM) coverage, you can seek compensation from your own insurance company.

In Mississippi, this coverage is part of your auto insurance policy unless you specifically turn it down. The minimum coverage required, which most people obtain, is $25,000 per person, $50,000 per accident and $25,000 for property damage.

What can a lawyer do for me after a car accident?

If you have been seriously injured in a crash, you will likely have a damaged car to repair or to replace, steep medical bills to pay and lost income from being out of work as you recover.

If another driver is at fault for the wreck, their liability insurance should pay you a reasonable settlement for your losses. But an insurance company may try to pay far less than what you actually deserve.

Our firm can handle negotiations with the insurance company and seek compensation you are entitled to receive after an accident.

Our firm knows how to investigate your accident and prove your losses and the amount of compensation you deserve from an insurance settlement.

We can also determine whether parties beyond the at-fault driver bear responsibility for the car wreck, such as an employer whose employee caused the crash, a bar that served an intoxicated patron or a manufacturer that produced a defective vehicle or auto part that caused the accident.

Armed with this information and evidence, our firm can file a personal injury lawsuit and negotiate with the appropriate insurance company for a proper settlement. If necessary, we can present a strong case on your behalf in court.

Is driving while drowsy a type of negligence that can lead to a car accident lawsuit?

According to a National Sleep Foundation poll, 60 percent of adult drivers admit to driving a vehicle while feeling drowsy, and 37 percent say they have fallen asleep behind the wheel. A fatigued or drowsy driver has impaired alertness, reaction speed, vision and judgment.

While it can be difficult to prove whether a driver was actually asleep at the wheel, cell phone records, work records and/or school attendance records as well as interviews with work colleagues and others might establish that they were active for an extended amount of time prior to an accident. This could indicate a lack of sleep before driving.

Additionally, fatigued driving accidents have common characteristics, such as lack of braking before the collision and time of day, which might be further evidence upholding liability.

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