Merging Mayhem: Understanding Your Rights After a Mississippi Highway Accident

Highway merging can be a stressful maneuver, especially during peak traffic hours or in adverse weather. Unfortunately, accidents during merging, lane changes, or on highway exits are all too common in Mississippi. These collisions can range from minor fender-benders to serious, life-altering crashes. If you’ve been injured in a highway accident in Mississippi, it’s important to understand your rights and how to protect them.

The Gardner Law Group is here to help. Call us at 228-436-6555 or contact us online to schedule a free consultation. We serve clients throughout Mississippi, including Pascagoula, Biloxi, and the surrounding areas.

Common Causes of Mississippi Highway Accidents

Highway accidents, particularly those involving merging and lane changes, often stem from a combination of factors:

• Speed Differentials: One of the most significant contributors is the difference in speed between vehicles already traveling on the highway and those entering or changing lanes. Misjudging the speed of approaching vehicles can lead to rear-end collisions, sideswipes, and other dangerous impacts.
• Failure to Yield: Mississippi law is clear: vehicles already traveling in a lane of traffic generally have the right-of-way. Drivers attempting to merge onto the highway or change lanes must yield to oncoming traffic. Failure to do so is a primary cause of merging accidents.
• Distracted Driving: In today’s world, distractions are everywhere. Using a cell phone, adjusting the radio, eating, or even interacting with passengers can take a driver’s attention away from the critical task of merging safely.
• Aggressive Driving: Aggressive behaviors like speeding, tailgating, weaving in and out of traffic, or intentionally blocking merging vehicles create extremely hazardous conditions.
• Improper Signaling: Failing to use turn signals properly, or not using them at all, leaves other drivers guessing about your intentions. This lack of communication significantly increases the risk of a collision.
• Inadequate Mirror Use/Blind Spot Checks: Before merging or changing lanes, it’s essential to check mirrors and physically look over your shoulder to check your blind spot. Many accidents occur because a driver fails to see a vehicle in their blind spot.
• Weather Conditions: Mississippi weather can be unpredictable. Rain, fog, and even bright sunlight can reduce visibility, making it harder to judge distances and speeds. Wet roads also increase stopping distances, adding another layer of risk.
• Inexperience: New or inexperienced drivers may not have the judgment and skills necessary to merge safely onto a fast-moving highway, especially under pressure.

Mississippi’s “Duty to Avoid”

While the merging driver typically has the primary responsibility to yield, Mississippi law also recognizes a “duty to avoid” an accident whenever reasonably possible. This means that even if a driver has the right-of-way, they still have a legal obligation to take reasonable steps to prevent a collision if they can.

For example, if a driver on the highway sees a merging vehicle attempting to enter their lane, even if that merging vehicle is failing to yield, the highway driver should ideally slow down or, if safe, move over to avoid a crash. If they have ample opportunity to avoid the collision but choose not to, they may share some responsibility for the accident.

Determining Fault in a Mississippi Highway Accident

Figuring out who is at fault in a highway accident can be complex. Insurance companies and law enforcement will consider several factors:

• Mississippi Traffic Laws: As mentioned, the right-of-way rules are critical.
• Police Reports: The officer’s report will contain observations, witness statements, and often a preliminary determination of fault.
• Witness Testimony: Statements from other drivers or passengers can provide valuable insights into what happened.
• Physical Evidence: Skid marks, vehicle damage, and the final resting positions of the vehicles can help reconstruct the accident.
• Traffic Camera Footage: If available, footage from traffic cameras or dashcams can provide crucial evidence.

It’s important to remember that the other driver’s insurance company will likely try to minimize their client’s liability and potentially shift blame onto you. This is why having an experienced attorney on your side is essential.

Comparative Negligence in Mississippi

Mississippi follows a “pure comparative negligence” rule. This means that even if you are partially at fault for an accident, you can still recover damages. However, your compensation will be reduced in proportion to your percentage of fault.

For example, if you are found to be 20% at fault for an accident, and your total damages are $100,000, you would only be able to recover $80,000 (80% of the total).

What to Do After a Highway Accident in Mississippi

1. Check for Injuries: Ensure everyone is safe and call 911 for medical assistance if needed.
2. Call the Police: A police report is essential for documenting the accident.
3. Exchange Information: Get the other driver’s name, contact information, insurance details, and vehicle information.
4. Gather Evidence: If possible, take photos of the scene, vehicle damage, and any visible injuries. Get contact information from any witnesses.
5. Do NOT Admit Fault: Be careful what you say at the scene. Do not admit fault or apologize, as these statements can be used against you.
6. Seek Medical Attention: Even if you don’t feel injured immediately, see a doctor. Some injuries, like whiplash, may not be apparent right away.
7. Contact a Lawyer: A Mississippi car accident lawyer can protect your rights and help you navigate the claims process.

Gardner Law Group: Your Advocates After a Highway Accident

At Gardner Law Group, we understand the challenges you face after a highway accident. We have extensive experience handling these types of cases and are dedicated to helping our clients obtain the compensation they deserve. We will thoroughly investigate your accident, gather evidence, and fight to protect your rights.

Contact us today at 228-436-6555 or online to schedule a free, no-obligation consultation. Let us help you get back on the road to recovery. We have offices in Pascagoula and Biloxi, and serve clients throughout the Mississippi Gulf Coast.