Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address specific legal concerns.
Detailed Answer
Mississippi law requires drivers to obey traffic-control signals. Under Miss. Code Ann. § 63-3-7, a driver facing a steady red light must stop before entering the intersection; failure to do so constitutes negligence per se. You can prove liability in a red-light collision by establishing four elements: duty, breach, causation, and damages.
1. Duty
Every driver has a legal duty to obey traffic signals under Mississippi law. See Miss. Code Ann. § 63-3-7 (Traffic-Control Signals): legislature.ms.gov.
2. Breach (Negligence per Se)
A driver who proceeds through a red light breaches that duty. Because Mississippi treats a statutory violation as negligence per se, proof that the other driver ran a red light creates a presumption of breach.
3. Causation
Link the breach directly to your injuries. You can use:
- Police reports documenting the red-light violation and impact point.
- Accident reconstruction expert testimony showing how the violation caused the crash.
- Traffic-camera or surveillance footage that captures the light color and collision.
4. Damages
Document your injuries, medical expenses, vehicle repair bills, lost wages, and other losses. Keep all medical records, bills, and pay stubs to calculate your total damages.
Contributory Negligence: Mississippi follows the contributory negligence rule. If the injured party bears any fault, they may be barred from recovery. You must show zero fault on your part to recover. For deadlines, note the personal-injury statute of limitations is three years under Miss. Code Ann. § 15-1-49: legislature.ms.gov.
Helpful Hints
- Photograph skid marks, traffic signals, and vehicle damage immediately after the crash.
- Obtain a complete copy of the police report; it often includes diagrammed fault.
- Interview and record contact details for any eyewitnesses at the scene.
- Preserve any camera or cellphone footage that shows the traffic light cycle or collision.
- Seek an accident reconstruction specialist if the crash dynamics are disputed.
- Notify your insurer promptly and keep written confirmation of your claim.
- Track all medical treatments, therapy sessions, and related expenses.
- Consult a Mississippi personal injury lawyer before settlement offers to protect your rights.