Distracted Driving in Mississippi

Most drivers know that you should put your cell phone down while you are driving to avoid distractions. Regardless, distracted driving remains a problem in Mississippi, and you’re likely sharing the road with people using their phones to talk, text, and more. If one of those irresponsible motorists causes a crash, they can be held responsible for their decision to drive while distracted.

You should consult with a Mississippi car accident attorney following a distracted driving crash. If the other driver involved in your collision was distracted behind the wheel, you may be able to hold them accountable for your medical bills, car repairs, pain and suffering, and other accident-related losses.

What is distracted driving in Mississippi?

The National Highway Traffic Safety Administration (NHTSA) notes that distracted driving involves any activity that takes a motorist’s attention away from the road. Common reasons why drivers become distracted include:

• Eating
• Texting or making a phone call
• Using a cell phone to post photos, videos, or other content on social media
• Talking to a passenger
• Applying makeup
• Reaching for objects in their vehicle’s cabin

Distracted driving can be fatal. NHTSA recorded 3,308 distracted driving fatalities in 2022 alone.

What are the different types of distractions that drivers face?

Cell phone use is the primary distraction that drivers face. For instance, a motorist may use their cell phone as their navigation device and want to make adjustments to it while driving. When they look at their phone to make that change, they take their eyes away from the road creating a risk of accidents.

Ultimately, distracted driving distractions fall into three categories:

• Cognitive: These are distractions that temporarily take your mind off of driving. They range from daydreaming in traffic to reviewing a to-do list in your head.
• Manual: These are physical distractions that require you to take your hands off the steering wheel – like eating a snack.
• Visual: These require you to take your eyes off the road and include rubbernecking or checking on your children in the backseat.

All of these put you at risk of getting into an accident. Along with this, if you use a cell phone while driving, you are subject to penalties in alignment with Mississippi’s distracted driving law.

What is Mississippi’s distracted driving law?

Per Mississippi Code § 63-33-1, it is illegal to write, send, or read a text message while driving. In addition, this law prohibits motorists from using a cell phone to post content on social networking sites when they are driving.

Here are the penalties you could receive if you are found to be driving while distracted in Mississippi:

• You can be fined $100 for the first time you violate Mississippi’s distracted driving law. For each subsequent offense, you can be fined $250.
• In a situation where a minor or a driver who has a learner’s permit is found to be driving while distracted, they can be fined up to $500.
• A bus driver who is operating their vehicle while distracted can be fined up to $500.
• If you are an adult driver who is operating their vehicle while distracted and you cause an accident, you can be fined up to $1,000.

Of course, choosing to text while driving is dangerous. If you are involved in a car accident in which you were driving while distracted, you can be liable for all associated losses. In serious cases, such as if a person dies because of the crash, you could face criminal charges.

Are there any exceptions to Mississippi’s distracted driving law?

According to Mississippi’s distracted driving law, you can talk on your cell phone as long as you use a hands-free or voice-recognition device. Otherwise, if you have to make an urgent call or text someone right away, pull your car to a safe spot off the road and do so.

What should I do if I’m involved in a car accident and the other driver is distracted?

Do your best to remain calm. Don’t lash out at the other driver and blame them for the accident. Keep in mind that what you do in the moments after your crash can compromise your chances of getting compensation as part of an insurance claim or lawsuit.

Use these tips to deal with your accident’s aftermath and protect yourself from further harm during this challenging time.

Call 911

Call medical personnel and police officers to the accident scene. Medical professionals can evaluate and treat your injuries. The police can collect information from you and others involved in your crash and prepare an accident report.

Take photos and videos

Capture visual proof of your injuries, vehicle damage, and the crash scene, but only if you can do so without putting yourself in additional danger. Having this evidence could help build a case against the liable driver.

Get the other driver’s information

Ask the other driver for their driver’s license, insurance, and contact information. Don’t get too chatty with this person, however, and avoid saying anything that could suggest you are at fault.

Speak to witnesses

Obtain the contact information of anyone who saw your accident happen. Witnesses can provide statements that could serve you well if you move forward with a claim or lawsuit against the at-fault motorist.

Inform your auto insurer

Contact your car insurance provider to tell the business about your accident. You are legally required to carry auto insurance if you reside in Mississippi and drive a car in the state.

Be careful what you say about your auto accident when you discuss the crash with your insurer. It’s often better to have your attorney handle these communications so that you can avoid saying something that might negatively impact your claim.

Partner with a Mississippi auto accident lawyer

Under Mississippi Code § 15-1-49, the statute of limitations for submitting a claim for compensation from the motorist at fault for your distracted driving crash is three years. It is in your best interests to hire a car accident attorney immediately to avoid missing any deadlines. When selecting someone to represent you, it’s helpful to look for a history of successful verdicts and settlements, and positive reviews from past clients.

There is no excuse for distracted driving. If you are the victim of a distracted driver’s negligence, you have the right to hold them accountable. With help from a Mississippi personal injury lawyer, you are well-equipped to do just that.

For more than 40 years, Merkel & Cocke, P.A. has provided outstanding legal representation to auto accident victims. Our legal team can guide you through the process of requesting compensation from a distracted driver or their auto insurance company. To get started, contact us today to request a free case consultation.