The aftermath of a drunk driving accident is a devastating and chaotic time. As a victim, you're not only dealing with physical injuries and damaged property but also the overwhelming emotional toll of knowing your life was upended by someone else's reckless choices. It is a terrible injustice, and you deserve to hold every responsible party accountable.
In Mississippi, holding a drunk driver accountable is just the beginning. The law provides additional avenues for seeking justice and compensation beyond just the person who was behind the wheel. However, that driver might not be the only one who contributed to your suffering.
The Drunk Driver: The Primary Target
First and foremost, you can sue the drunk driver. This is a claim for negligence. When a person gets behind the wheel after consuming alcohol to the point of impairment, they are violating their duty to operate a vehicle safely. This breach of duty directly leads to the harm you've suffered.
A lawsuit against the drunk driver can seek compensation for all your damages, including:
Medical Expenses: Past and future hospital bills, doctor visits, physical therapy, and prescription costs.
Lost Wages: The income you lost while you were recovering and any future earning capacity you may have lost.
Pain and Suffering: The physical pain, emotional distress, and mental anguish you have endured.
Property Damage: The cost to repair or replace your vehicle and any other damaged property.
Punitive Damages: In Mississippi, drunk driving cases often warrant punitive damages. These are not meant to compensate you for a loss but rather to punish the drunk driver for their willful and reckless behavior and to deter others from doing the same.
Beyond the Driver: Other Liable Parties
Holding a drunk driver responsible is critical, but what if they don't have enough insurance or assets to cover the full extent of your damages? This is where Mississippi's laws may allow you to pursue other parties.
Dram Shop Liability
Mississippi has a "dram shop" law that holds establishments that sell or furnish alcohol legally responsible under certain circumstances. A bar, restaurant, or store can be held liable if they served alcohol to a visibly intoxicated person or a minor who then caused an accident.
To win a dram shop claim, you must be able to prove that the establishment was negligent by continuing to serve alcohol to someone who was clearly intoxicated or who was underage. Evidence like witness statements, surveillance footage, and credit card receipts can be crucial in proving your case.
Social Host Liability
If a drunk driver was served alcohol at a private party rather than a commercial establishment, you might still have a case. Mississippi law allows for social host liability when an adult knowingly serves alcohol to a minor who then causes an accident. This law is designed to discourage adults from providing alcohol to underage individuals.
What if I was Partially at Fault?
You might be concerned that you were also partially responsible for the accident. Perhaps you were speeding, or your brake light was out. In Mississippi, this does not bar you from seeking compensation. Our state follows a "pure comparative negligence" system. This means a court will determine your percentage of fault, and the total amount of your awarded damages will be reduced by that percentage. For example, if you were found to be 20% at fault for the accident, your total compensation would be reduced by 20%.
This is a critical distinction that ensures you can still receive justice even if your actions played a small role in the incident.
Seeking Justice for a Wrongful Death
When a drunk driving accident results in the death of a loved one, the tragedy is compounded by the loss of a life. In these devastating cases, the family members can file a wrongful death claim. This type of lawsuit seeks compensation for funeral and burial expenses, the loss of financial support, and the immeasurable loss of companionship.
We Are Here to Help
You have already been through so much. The legal process can be complex and intimidating, but you do not have to face it alone. Gulf South Law Firm is here to fight on your behalf, to hold every responsible party accountable, and to pursue the full compensation you deserve. Our Gulfport DUI accident attorneys can build strong caases and ensure justice is served.
If you or a loved one has been injured in a drunk driving accident in Mississippi, we are here. Our team is ready to listen to your story, explain your rights, and help you take the first step toward recovery and justice.
Schedule a free consultation today at (228) 231-3989.