Gulfport Rear-End Car Accident Lawyer
Rear-end car accidents are some of the most common causes of whiplash and brain injuries in any type of auto wreck. Along with physical trauma, a severe crash might also impact a person’s financial, personal, and professional livelihood.
As a result, hiring a rear-end car accident lawyer in Gulfport could be the first step in pursuing compensation if you were injured by a negligent tailgating motorist. When another driver is reckless or careless and causes a crash, a well-practiced Gulfport car accident attorney could work tirelessly to identify fault and file a timely and thorough injury claim on your behalf.
Identifying Fault From a Tailgating Driver
Mississippi Code Section 11-7-15 explains how the State follows a pure comparative negligence rule. Essentially, an injured claimant who argues that another driver is partly (or fully) responsible for an auto accident could be eligible to recover compensation for his or her damages. Under Mississippi’s comparative fault statute, the claimant (victim)’s compensation amount can be reduced by the percentage of fault attributed to him or her.
Usually, fault is shown by establishing a series of legal components, including:
- Duty—the defendant owed a duty of care, such as to obey the safety rules that are designed to keep all drivers safe
- Breach of duty—the defendant breached this duty by behaving recklessly or carelessly behind the wheel
- Causation—this negligence caused a wreck to occur
- Damages—this crash resulted in injuries and other losses suffered by the injured claimant
Because proving fault is often difficult and nuanced, many injured plaintiffs feel overwhelmed to pursue compensation alone. As a result, having the skill and experience of a rear-end accident lawyer in Gulfport could prove to be essential for a potential claimant.
Tactics of the Defense
A victim in a serious accident might need to dispute allegations that the victim is also at least partially at fault. Often, a defendant or their insurance company will try to shift blame and fault onto the injured claimant.
Fortunately, numerous types of evidence could be used to dispute partial fault in a car accident lawsuit. This might include physical evidence, police reports, expert opinions, and witness statements. If a victim has been blamed for an accident that they do not believe was their fault, speaking with a seasoned Gulfport attorney might help to clarify expectations and to build a persuasive rear-end accident case.
Taking Quick Legal Action to Pursue Compensation
It is important for anyone looking to pursue compensation from a negligent tailgating driver to quickly take legal action. This is because the statute of limitations in Mississippi gives a potential claimant no longer than three years from the date of the wreck to bring an injury claim against a potentially at-fault party. The deadline may only be one year in some cases, such as where the negligent tailgater is a governmental employee. Once this deadline has expired, a defendant might make a motion for dismissal.
Beyond this time constraint, it is often beneficial for anyone injured in a rear-end wreck to begin the process as soon as possible in order to organize evidence and discuss options for settlements with the help of a Gulfport attorney. Often, bills following a crash will arrive and a family might feel the impact of lost wages immediately. As a result, working to quickly pursue compensation might be essential for an injured claimant.
Retain a Gulfport Rear-End Accident Attorney for Help
If you or a loved one was injured after being struck by a tailgating motorist, you might be overwhelmed and unsure of how to proceed. Between attending medical appointments, determining whether you can return to work, and sorting out the details of your insurance, it is often difficult to decide how to best proceed with a potential civil claim during this difficult time.
When another driver is responsible for your injuries and other losses, you should not have to cover the ensuing costs alone. A compassionate attorney could be there to guide you through this process and help you to avoid many of the most common missteps in bringing an injury claim forward. Contact our firm today to schedule a consultation, which are always free.