Reckless Driving Car Accident Attorney in Biloxi

When we get behind the wheel, we have to respect the rules of the road and trust that others will do the same. This is how we all stay safe and minimize the chances of injuring someone or damaging their property. Put another way, drivers owe a duty to exercise reasonable care when operating a motor vehicle. And when a driver operates a motor vehicle recklessly, they breach this duty.

Reckless driving (Miss. Code 63-3-1201) happens when a person drives in a manner that indicates willful or wanton disregard for the rules of the road and the safety of others. In Mississippi, this is a misdemeanor that carries fines of up to $100 for a first offense, and up to $500 (as well as the possibility of jail time) for a second and subsequent offense. Careless driving is a lesser offense, but it is still punishable with a fine of up to $50.

The criminal penalties for reckless driving serve as very little comfort to someone who is severely injured or to the family of someone who is killed because of another driver’s recklessness. While the offender pays a few hundred dollars and maybe spends a few days in jail, the person injured can have their entire life turned upside down.

One minute, they are minding their own business driving to where they are going. The next minute, they find themselves in a serious collision with injuries that could last months, years, or even a lifetime. In such cases, there is a long road to recovery, and the damage done to the injury victim is widespread and very difficult to quantify.

If you or a loved one has been injured in a reckless driving accident, you deserve to have experienced representation. At the Gardner Law Firm, we understand the enormous physical, emotional, and financial toll car accident injuries take on victims and their families, and we fight hard to ensure that our clients receive maximum compensation, and that those responsible for the injuries are held fully accountable.

For over four decades, we have successfully represented individuals who have been injured in auto accidents in Ocean Springs, Biloxi, Gulfport, Pascagoula, and communities throughout Southern Mississippi. We are skilled negotiators and strong litigators. Whenever possible, we look to secure a settlement that represents full and fair compensation without the need for a trial. If the other side is not willing to negotiate in good faith, however, we are ready and able to pursue full damages through litigation.

Reckless Driving Accidents in Mississippi

As we talked about earlier, drivers owe a duty of care when they get behind the wheel of a vehicle, and since we all know the catastrophic consequences that can result from an auto accident, most of us do our best to follow the rules. Unfortunately, some motorists choose to drive carelessly or recklessly, even when they know full well the dangers associated with this type of behavior. This often results in various types of accidents; which may include rear-end collisions, side-impact collisions, and head-on collisions.

Some common examples of careless or reckless driving include:

• Speeding excessively;
• Driving faster than what is safe under current conditions;
• Disobeying traffic laws (e.g., running stop signs and red lights);
• Tailgating/following vehicles too closely;
• Passing a school bus illegally;
• Passing other vehicles illegally or in an unsafe manner;
• Weaving erratically between lanes;
• Refusing to yield the right-of-way;
• Driving after dark without headlights;
• Driving while under the influence of alcohol and drugs;
• Road rage;
• Distracted driving;
• Fleeing law enforcement officer;
• Street/drag racing;
• Playing “chicken”.

Pursuing Damages in a Reckless Driving Accident Case

Car accidents resulting from reckless driving are among the most devastating incidents on our roadways. Unlike a standard “fender bender” caused by a momentary lapse in judgment, reckless driving involves a conscious or willful disregard for the safety of others. When a driver chooses to speed excessively, weave through traffic, or ignore signals, the resulting impact is often high-velocity and life-altering.

For victims in Mississippi, navigating the aftermath of such an accident requires a deep understanding of the legal landscape, the types of compensation available, and the strict timelines imposed by state law.

The Scope of Injuries in Reckless Driving Accidents

Reckless driving—defined in Mississippi as driving in a “willful or wanton disregard for the safety of persons or property”—often leads to high-impact collisions. The physical toll on victims can be catastrophic. Common injuries include:

• Traumatic Brain Injuries (TBI) and Head Trauma: High-speed impacts often cause the head to strike the dashboard, steering wheel, or windows. Even without a direct strike, the rapid acceleration and deceleration can cause the brain to shift within the skull, leading to permanent cognitive impairment, memory loss, and personality changes.
• Spinal Cord Injuries and Herniated Discs: The force of a reckless driving collision can compress or sever the spinal cord, potentially leading to partial or full paralysis (paraplegia or quadriplegia). Even less severe spinal injuries, such as herniated discs, can lead to chronic, debilitating pain.
• Fractures and Amputations: Crushing forces in a side-impact or head-on collision frequently result in shattered limbs. In some cases, the damage is so severe that surgical amputation is the only option, leading to permanent disability.
• Internal Injuries: Damage to the lungs, spleen, or kidneys from seatbelt tension or blunt force trauma can be life-threatening and may not be immediately apparent at the scene of the accident.
• Whiplash and Soft Tissue Damage: While often dismissed by insurance companies, severe whiplash can lead to years of chronic pain and limited mobility.
• Wrongful Death: Tragically, many reckless driving incidents result in the loss of life, leaving families to deal with the emotional and financial vacuum left behind.

Understanding Compensatory Damages

In the legal realm, “damages” refers to the monetary compensation sought by the injured party. In Mississippi, compensatory damages are designed to “make the plaintiff whole”—to restore them, as much as money allows, to the position they were in before the accident. These are split into two categories.

Economic Damages: The Quantitative Losses

Economic damages are the tangible, “out-of-pocket” costs that can be calculated by looking at bills, receipts, and employment records. Because these have a specific dollar amount attached to them, they are generally easier to prove in court. They include:

• Immediate Medical Costs: This covers emergency room visits, ambulance fees, diagnostic imaging (MRIs, CT scans), and initial surgeries.
• Future Medical Care: For those with permanent injuries, this includes the projected costs of future surgeries, home health care, and medical equipment like wheelchairs or modified vehicles.
• Rehabilitative Expenses: Physical and occupational therapy are often necessary to regain mobility or learn how to live with a new disability.
• Lost Wages and Loss of Earning Capacity: If you miss work during recovery, you are entitled to those lost wages. However, if the injury prevents you from ever returning to your previous career, you can seek “loss of earning capacity,” which calculates the total income you would have earned over your lifetime had the accident not occurred.
• Property Damage: The cost to repair or replace your vehicle and any personal property inside it.

Non-Economic Damages: The Qualitative Losses

Non-economic damages address the human cost of an accident—losses that don’t come with a receipt. These are often the most significant part of a claim in a reckless driving case because they acknowledge the victim’s suffering.

• Pain and Suffering: Compensation for the actual physical pain endured during the accident and throughout the recovery process.
• Psychological Distress: Victims often suffer from PTSD, anxiety, and depression following a violent collision.
• Disfigurement and Permanent Disability: Being forced to live with scars or the loss of a limb carries a heavy emotional and social burden.
• Loss of Consortium: This is a claim usually brought by a spouse for the loss of companionship, affection, and intimacy resulting from the victim’s injuries.
• Diminished Quality of Life: Compensation for the inability to enjoy hobbies, spend time with family, or live an independent life.

Punitive Damages: Punishment for Gross Negligence

In most standard car accident cases based on simple negligence (like a driver failing to signal), punitive damages are not on the table. However, reckless driving is different. Punitive damages are intended to punish the wrongdoer and deter others from engaging in similar behavior.

In Mississippi, to receive punitive damages, a plaintiff must prove by “clear and convincing evidence” that the defendant acted with:

1. Actual malice;
2. Gross negligence which evidences a willful, wanton or reckless disregard for the safety of others; or
3. Committed actual fraud.

Reckless driving often meets the “willful, wanton, or reckless disregard” threshold. For example, a driver traveling 40 mph over the speed limit through a school zone is not just “negligent”—they are acting with a level of recklessness that justifies punitive measures.

Mississippi Damage Caps

While victims deserve full compensation, Mississippi law imposes “caps” or limits on certain types of damages to prevent what the legislature deems “excessive” awards.

• Non-Economic Cap: In most personal injury cases, non-economic damages (pain and suffering, etc.) are capped at $1 million. This means that even if a jury awards $5 million for pain and suffering, the judge is legally required to reduce that portion of the award to $1 million. (Note: There is no cap on economic damages like medical bills).
• Punitive Damages Cap: These are capped based on the defendant’s net worth. For a defendant with a net worth of $50 million or less, the cap is generally 2% of their net worth. For those with a higher net worth, the cap scales upward, but it remains a significant hurdle in seeking massive settlements from individual drivers.

Timelines and Legal Procedures

The window of time you have to file a lawsuit is known as the Statute of Limitations. Missing this deadline means you forever lose your right to seek compensation.

• The Standard Three-Year Rule: For most car accidents involving private citizens in Mississippi, you have three years from the date of the accident to file a lawsuit.
• The Government Employee Exception: If the reckless driver was a government employee (e.g., a city bus driver, a police officer, or a state worker) acting within the scope of their employment, the rules change drastically under the Mississippi Tort Claims Act (MTCA).
  • The statute of limitations is shortened to one year.
  • You must file a formal “Notice of Claim” with the government entity at least 90 days before filing a lawsuit.
  • There are additional caps on total recovery (often $500,000) when a government entity is the defendant.

Contact a Skilled Mississippi Reckless Driving Accident Attorney

Being injured by a reckless driver can be life-altering event. At the Gardner law firm, we understand this, and we are here to provide strong legal guidance and moral support during this difficult time. We take care of all the complex legal tasks, and we deal directly with the other side, so you can focus on getting healthy and getting your life back on track. We work closely with you throughout the process, and we provide frequent updates on your case, so you are always kept informed.

If you are in Ocean Springs, Gulfport, Biloxi, Pascagoula, or anywhere along Mississippi’s Gulf Coast, call the Gardner Law Firm today at 228-436-6555 or message us online to schedule a free consultation and case evaluation.

We handle all personal injury cases on a contingency basis – you only pay attorney fees if we win your case