Getting into a car accident is one of the most disorienting experiences you can have. In those first minutes and hours, the decisions you make can significantly affect your ability to recover compensation later. Here is what you need to know if you are ever involved in a car accident in Mississippi.
1. Check for Injuries and Call 911
Your first priority is always safety. Check yourself and any passengers for injuries. If anyone is hurt — or if there is any doubt — call 911 immediately. Even if the accident seems minor, having paramedics evaluate everyone at the scene creates a medical record that can be critical later.
Mississippi law requires you to stop at the scene of any accident involving injury, death, or property damage. Leaving the scene can result in criminal charges.
2. Move to Safety if Possible
If your vehicle is still operable and you are blocking traffic, Mississippi law allows you to move to the shoulder or a nearby safe location. Turn on your hazard lights. If the car cannot be moved, get yourself and any passengers to a safe spot away from traffic.
3. Exchange Information
Get the following from every other driver involved:
- Full name and contact information
- Driver's license number
- Insurance company and policy number
- License plate number
- Vehicle make, model, and color
Do not discuss fault at the scene. Even a simple "I'm sorry" can be used against you later by an insurance company.
4. Document Everything
Use your phone to take photos of:
- All vehicles involved (damage from multiple angles)
- The overall accident scene (road conditions, traffic signs, lane markings)
- Any visible injuries
- Skid marks or debris on the road
- Weather and lighting conditions
If there are witnesses, get their names and phone numbers. Their accounts can be invaluable if the other driver later changes their story.
5. File a Police Report
Always request that law enforcement come to the scene and file an official report. In Mississippi, you are required to report any accident that results in injury, death, or property damage exceeding $500 to the Mississippi Department of Public Safety.
The police report is one of the most important documents in any injury claim. It captures the officer's observations, witness statements, and often a preliminary determination of fault while everything is still fresh.
6. Seek Medical Attention — Even If You Feel Fine
This is the step people most often skip, and it is the one that causes the most problems down the road. Many serious injuries — including whiplash, concussions, herniated discs, and internal bleeding — do not present symptoms immediately. Adrenaline can mask pain for hours or even days.
See a doctor within 24 to 48 hours of the accident, even if you feel okay. Insurance companies routinely argue that gaps in medical treatment mean your injuries are not serious or were not caused by the accident.
7. Notify Your Insurance Company
Report the accident to your own insurance company promptly. Mississippi is a fault-based state, meaning the at-fault driver's insurance is generally responsible for damages. However, your own policy may provide important coverage like medical payments (MedPay) or uninsured/underinsured motorist coverage if the other driver lacks adequate insurance.
Be factual when speaking with your insurer. Describe what happened without speculating about fault or the extent of your injuries.
8. Be Careful With the Other Driver's Insurance Company
The other driver's insurance adjuster may contact you quickly — sometimes within hours. Their job is to minimize what the company pays. Common tactics include:
- Asking you to give a recorded statement (you are not legally required to do this)
- Offering a quick, lowball settlement before you know the full extent of your injuries
- Asking leading questions designed to shift blame to you
You have no obligation to speak with the other driver's insurance company without an attorney present.
9. Understand Mississippi's Comparative Fault Rule
Mississippi follows a "pure comparative negligence" standard. This means you can recover damages even if you were partially at fault, but your recovery is reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $100,000, you would recover $80,000.
This is actually more favorable than many other states that bar recovery entirely if you are more than 50% at fault.
10. Know the Statute of Limitations
In Mississippi, you generally have three years from the date of the accident to file a personal injury lawsuit. While three years may sound like plenty of time, evidence disappears, witnesses forget details, and medical records become harder to connect to the accident as time passes. The sooner you take action, the stronger your case will be.
When Should You Talk to a Lawyer?
Not every fender-bender requires an attorney. But if any of the following apply to your situation, it is worth getting a free consultation:
- You suffered injuries requiring medical treatment
- The other driver was uninsured or underinsured
- The insurance company is delaying, denying, or lowballing your claim
- There is a dispute about who was at fault
- You missed work or cannot return to work due to your injuries
- The accident involved a commercial vehicle, government vehicle, or rideshare
Get a Free Consultation
If you have been injured in a car accident in Mississippi, Sheppard Law Firm offers free consultations for personal injury cases. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Call us at (601) 688-4110 or contact us online to discuss your case.