Being hit by a drunk driver in Greenville, MS, carries a sting that an ordinary fender bender does not. Someone made a choice, and you are the one living with it. A Greenville, MS drunk driving accident lawyer at Richard Schwartz & Associates can pursue accountability on your behalf while you concentrate on getting well.
We handle these claims from our Greenville office on Main Street, and our Mississippi drunk driving accident lawyers work them throughout the Delta. An impaired-driving crash usually involves more moving parts than a routine collision, including a criminal case running alongside your claim and, in some situations, a business that served the driver.
Consultations are free, and our phones are staffed 24 hours a day. Call to talk with us. One call, that's all!
How Our Greenville Drunk Driving Accident Lawyers Help
Our first job is to build a civil case that stands on its own rather than waiting to see what the criminal court does. The two proceedings have different rules, different deadlines, and different goals.
Practically, that means gathering the crash investigation materials, chemical test results, dash and body camera footage, and any statements the driver made at the scene. It also means reconstructing where the driver had been in the hours beforehand. That timeline determines whether anyone other than the driver bears responsibility.
Alongside the liability work, we document what the crash costs you. We collect medical records, talk with your providers about what lies ahead, calculate lost income, and then handle every conversation with the insurance companies so you do not have to.
Can a Bar or Store Be Held Responsible in Mississippi?
Sometimes, but Mississippi sets a high bar for it. The state's dram shop statute begins from the position that drinking alcohol, rather than selling it, is the cause of an injury an intoxicated person inflicts, and it grants broad protection to businesses that lawfully sold the drinks, under Miss. Code Ann. § 67-3-73.
The Visibly Intoxicated Exception
That protection has a limit. It does not apply to a permit holder or its employee when the person buying alcohol was visibly intoxicated at the time of the purchase. Slurred speech, unsteady balance, and similar outward signs are the kind of evidence that matters, which is why witness accounts and video from the establishment carry so much weight.
When Alcohol Was Not Lawfully Sold
The statute's shield covers businesses that lawfully furnished or sold the alcohol. A sale to someone under 21 falls outside that description, so a claim involving an underage drinker stands on a different footing than one involving an adult patron. Social host situations are treated separately again, with narrower circumstances in which a host can be responsible.
What Makes a Dram Shop Claim Work in Mississippi
Evidence, and evidence gathered quickly. Receipts and card records, point-of-sale data, server statements, and surveillance footage are all perishable, and a business facing a claim has no reason to preserve them voluntarily. This is one of the situations where waiting a few months can quietly close a door.
Does the Criminal DUI Case Decide Your Injury Claim?
No. The criminal case and your injury claim are separate proceedings, and neither one controls the other. A conviction can help your civil case, and an acquittal or a plea to a lesser charge does not end it.
The reason is the standard of proof. A prosecutor has to prove guilt beyond a reasonable doubt, while a civil claim asks whether the evidence shows the driver was more likely than not at fault. That is a meaningfully lower threshold.
There is also a difference in what each case delivers. Criminal court addresses punishment and restitution, but rarely comes close to covering a serious injury. Your civil claim is the proceeding built to pay for medical care, lost income, and the harm you carry from it.
Damages a Delta Family Can Pursue After an Impaired-Driving Crash
A drunk driving claim can seek the same categories of compensation as any injury case, and in some situations, it can seek more. What a particular claim is worth depends on the injuries, losses, and available insurance.
Economic damages cover emergency treatment, surgery, hospital care, rehabilitation, medication, future medical needs, lost wages, and any lasting effect on your earning capacity. Non-economic damages cover physical pain, mental anguish, scarring, and the loss of the ordinary pleasures of daily life.
Impaired driving also raises the question of punitive damages, which Mississippi allows in cases involving conduct that goes well beyond ordinary carelessness. Whether they are available in a given case depends on the facts and on the evidence developed. It is worth evaluating rather than assuming.
What If the Impaired Driver Was Working at the Time?
Then there may be a second party to hold accountable and a much larger insurance policy behind the claim. An employer can be held responsible for harm caused by an employee acting within the scope of employment, and commercial auto policies typically carry limits far above those of a personal policy.
Separate from that, an employer can face its own claim for negligent hiring, training, supervision, or retention. If a company put someone behind the wheel of a work vehicle despite a driving history that should have raised concerns, that decision belongs in the case.
This question comes up more often than people expect in the Delta, where work trucks, service vehicles, and agricultural equipment share the same two-lane highways as everyone else. It is worth telling us what the vehicle looked like and whether it carried any company markings, even if you are not certain.
How Long Do You Have to File a Greenville DUI Injury Claim?
Most Mississippi injury lawsuits must be filed within three years of the crash under Miss. Code Ann. § 15-1-49. A dram shop claim against a business generally runs on the same three-year clock, but the proof it depends on can disappear in weeks.
Fault sharing works differently than many people expect. Mississippi applies pure comparative negligence under Miss. Code Ann. § 11-7-15, so a percentage of fault assigned to the injured person reduces the recovery instead of eliminating the claim. Insurers still raise the argument, sometimes on thin grounds.
Coverage is often the practical ceiling on a recovery. Mississippi requires only 25/50/25 in liability insurance, or $25,000 per person, $50,000 per crash for bodily injury, and $25,000 for property damage, according to the Mississippi Insurance Department, so our DUI accident attorneys in Greenville, Mississippi, look for uninsured motorist benefits, commercial policies, and any other layer that applies.
What Should You Do After a Drunk Driving Crash in Greenville?
Get medical care, then help the record capture what the driver's condition actually was. Impairment evidence is time sensitive in a way almost nothing else in a crash file is.
- Call 911 and say plainly if you believe the other driver has been drinking, so officers can investigate on the spot.
- Get checked out the same day, even for symptoms that feel minor.
- Write down what you observed about the driver's speech, balance, and behavior while it is fresh.
- Note anything the driver said about where they had been that evening.
- Collect names and numbers for witnesses, including anyone who arrived before officers did.
- Decline to give the other insurer a recorded statement until you have spoken with a lawyer.
If the crash is already behind you and none of that happened, call anyway. There is usually more available than people assume.
Why Delta Families Trust Richard Schwartz & Associates
An impaired-driving case asks for two things at once: careful investigation and a firm that treats you like a person rather than a file number. Here is what we bring.
- Our Greenville office at 440 Main St, Suite 206, puts us in the same community as your case, and we are part of a statewide firm with six Mississippi offices.
- Motor vehicle collision work is the heart of what we do, and that includes claims complicated by impairment and by third-party liability.
- Someone answers our phone 24 hours a day, and the first consultation is free.
- Our fee is contingent on results, so you owe an attorney's fee only if we recover money for you.
- We move fast on evidence that will not wait, particularly when a business may share responsibility.
One conversation is enough to tell you whether you have something worth pursuing. Call and tell us what happened.
Related Claims After a Greenville Collision
An impaired-driving crash is still a motor vehicle collision, and the same wreck can raise several types of claims at once. If passengers were hurt or a second vehicle was involved, a Greenville car accident lawyer on our team can address those claims, too. We can review everything arising from the collision in one sitting.
FAQs Answered by Our Greenville, MS Drunk Driving Accident Lawyer
These are the questions we field most often after an impaired-driving crash in the Delta. Call us with any others.
Should I wait for the criminal case to finish before starting my claim?
Waiting is usually a mistake. Criminal proceedings can stretch on for months or longer while your civil deadlines keep running and evidence keeps degrading. We can begin building your claim now and use whatever the criminal case produces as it becomes available.
What if the impaired driver was uninsured?
You may still have a path to compensation. Uninsured and underinsured motorist coverage on your own policy is the most common source, and a claim against a business that served the driver may also be available. We review every possible layer of coverage before concluding that a case has nowhere to go.
Can I recover if I was a passenger in the drunk driver's car?
Frequently yes. Passengers generally have claims against the at-fault driver, including a driver they rode with. An insurer may argue that a passenger knew the driver had been drinking, which under Mississippi's comparative fault rule could reduce a recovery rather than bar it.
Will my own insurance rates go up if I file a claim?
Filing a claim against an at-fault driver does not usually affect your premium, since you were not the one at fault. Uninsured motorist claims are a fair question to ask your agent about directly. It is worth noting that worry over rates keeps people from pursuing legitimate claims far more often than rates actually change.
Do I need the police report to move forward?
It helps, but it is not a prerequisite. We can request the crash report along with related investigative materials as part of building your case. A report is also just one piece of evidence, and it is not the final word on fault.
What if I lost a loved one to an impaired driver?
Mississippi law permits certain family members to bring a wrongful death claim. No claim brings a person back, and pursuing one is not about money; it is about accountability and about the resources a family needs to move forward. We handle these cases carefully and at your pace.
How much of my time will the case take?
Less than most people expect. We handle the records, the correspondence, and the insurance calls, and we come to you when meeting in person makes life easier. Your main responsibility is following your doctor's plan and keeping us updated.
Talk With a Greenville Drunk Driving Accident Lawyer
Someone else decided to drive impaired, and you are carrying the result. Finding out what you can do about it costs nothing.
Richard Schwartz & Associates serves Greenville, Washington County, and the surrounding Delta. We are available 24 hours a day, and consultations are free.
Call or send us your case details, and we will be in touch. One call, that's all!