If a drunk driver injures you or someone in your family in North Mississippi, do not wait to contact a drunk driving accident lawyer. An attorney can help ensure that someone is looking out for your best interests and will seek to ensure you are fairly compensated for the injuries you or your family suffered.
Chatham Gilder Howell Pittman helps people injured in drunk driving accidents in the cities of Southaven, Olive Branch, Horn Lake and Hernando and DeSoto, Marshall, Tate, and Tunica counties. Contact us today to set up a free consultation with a drunk driving accident attorney.
Drunk Driving Laws in Mississippi
In Mississippi, a drunk driver may face civil and criminal penalties for causing an accident. The goal of the criminal case is to punish the driver, while the civil case seeks to compensate any injured victims of the drunk driver.
Driving Under the Influence in Mississippi
Mississippi Code § 63-11-30 makes it illegal to drive or operate a vehicle if the driver is under the influence of alcohol or has an alcohol concentration of .08 percent or more if the driver is of legal age and .02 percent or more if the driver is below the legal drinking age. The law also prohibits a person operating a commercial vehicle from having an alcohol concentration of .04 percent or greater. Criminal penalties include a term of imprisonment, fines, and license suspension.
Negligence Per Se in Mississippi
If a drunk driver is convicted of drunk driving, it may help a civil case against the driver. The conviction is proof the driver violated the drunk driving statute, and, as a plaintiff in a civil trial, you would be able to use the doctrine of negligence per se. Negligence per se permits a plaintiff to use the rebuttable presumption the driver is negligent because the driver violated the drunk driving statute. Thus, you would not have to prove the duty and breach elements of negligence in a civil lawsuit.
Negligence per se may also apply if the plaintiff in a civil lawsuit can prove the driver was driving under the influence in violation of the Mississippi statute. An attorney would use witness statements, medical reports, and other evidence to prove the driver was driving under the influence. In addition, an attorney may use testimony that shows the drunk driver had slurred speech, smelled like alcohol, or was impaired because of drinking before operating the vehicle.
Dram Shop and Social Host Law in Mississippi
Mississippi Code § 67-3-73 excludes vendors of alcohol from liability for drunk driving accidents except in two cases. First, if the vendor sells alcohol to a minor, the vendor may be liable. And second, if the vendor sells alcohol to a person that is visibly intoxicated, the vendor may also be found liable in a civil lawsuit.
Social hosts are also generally excluded from liability when they serve alcohol to individuals of legal drinking age. However, the host could be liable when they serve alcohol to a minor.
Types of Drunk Driving Crashes and Injuries
Drunk drivers often cause serious accidents. At a higher blood alcohol concentration, drunk drivers cannot maintain their speed, brake appropriately, or stay in their traffic lanes. Drunk driving also affects the drivers’ visual function and ability to respond to changing road conditions. The effects of driving under the influence lead to:
- Head-on collisions
- Rollovers crashes
- Pedestrian accidents
- Sideswipe accidents
- Rear-end collisions
- Wrong-way crashes
As a result of these accidents, victims of drunk driving accidents suffer from serious injuries. These injuries include:
- Amputations of limbs
- Broken bones
- Burns
- Brain injuries
- Spinal cord and neck injuries
- Lacerations
- Internal injuries
- Wrongful Death
Liability for Drunk Driving Accidents
One of the parties most likely liable for your accident is the drunk driver. However, there may be other parties that could be responsible for the accident, as well. A social host might be liable if the host served alcohol to minors. Or a bar owner may be liable if the bar sold alcohol to a minor or a person who was already visibly intoxicated. Regardless of who is liable, Mississippi civil lawsuits against any of the responsible parties must be filed within three years in most instances from the date of the injury.
A drunk driving accident attorney will work with you to determine who is liable for the drunk driving accident and ensure you file civil claims within the appropriate time limit.
Types of Compensation After a Drunk Driving Accident
Our drunk driving accident attorney can seek several types of damages on your behalf. These damages may include the following:
- Current and future medical bills
- Costs of property damage
- Lost earnings
- Lost earning potential
- Pain and suffering
- Rehabilitation costs
Because drunk driving is considered reckless, a court may award punitive damages, which seek to punish the driver for their egregious actions.
Contact a Drunk Driving Accident Lawyer Today
If you lost a loved one or are dealing with injuries resulting from a drunk driving accident, contact our accident lawyer at Chatham Gilder Howell Pittman today. You do not have to pursue justice alone. We will help you seek justice through the civil process after your accident, and we will exhaust every possible avenue to obtain the compensation you deserve for your injuries.
Contact Chatham Gilder Howell Pittman for a free, confidential consultation today.
