When a drunk driver gets behind the wheel, they make a reckless choice that can change your life in an instant. The collision they cause isn’t just an accident; it’s the direct result of their negligence. A Mississippi drunk driving accident lawyer can help you hold that driver accountable.
At Richard Schwartz & Associates, we advocate for victims of drunk driving accidents in Mississippi. For more than 40 years, our firm has been delivering successful outcomes for clients facing costly medical bills, lost income, and ongoing pain and suffering due to their injuries.
Get the help you need today by calling Richard Schwartz & Associates at (601) 800-5559 for a free case review.
Why Choose Richard Schwartz & Associates for Your Drunk Driving Accident Case
A crash caused by an intoxicated driver involves more than just a typical personal injury claim. You need a legal team that can use every detail to your advantage. Our firm provides the aggressive representation required to take on these serious cases.
A dedicated Mississippi drunk driving accident lawyer from our team handles every aspect of your claim so you can concentrate on your recovery. We’re committed to holding negligent drivers accountable for their actions.
We Are Mississippi Strong
Our attorneys live and work in the communities we serve, and our deep local knowledge is a powerful asset in your case. We understand the local court systems and have experience working with law enforcement agencies throughout Mississippi.
We have represented victims injured on major highways like I-55 and I-20 through Vicksburg, as well as on countless city streets in Hattiesburg, Gulfport, and across the state.
Whether your crash happened on a busy weekend night in Pearl or on a rural county road, our team knows how to investigate the incident thoroughly. We put our local experience to work for you.
We Fight for Maximum Accountability
A drunk driving accident isn't just about negligence; it's about a driver's blatant disregard for the safety of others. We approach these cases with the tenacity they deserve. We go beyond the initial police report, conducting our own investigation to build the strongest case possible.
This includes securing evidence like the driver's blood alcohol content (BAC) results, interviewing witnesses, and obtaining bar or restaurant receipts if applicable.
Trial-Ready From the Start
Insurance companies know which law firms are prepared to go to court and which ones will settle for less to avoid a fight. From the moment you hire us, we prepare your case for the courtroom. This meticulous preparation sends a clear message that we’re serious about getting you justice.
Our firm commits significant resources to your case. We work with a network of investigators, accident reconstruction specialists, and medical experts to build a robust claim. We gather every piece of evidence to demonstrate the full impact the crash has had on your life and finances.
Understanding DUI Laws in Mississippi
In Mississippi, a DUI occurs when a driver operates a vehicle while impaired by alcohol or drugs. The legal BAC limit is 0.08% for adults aged 21 and over.
However, drivers can also be charged with a DUI if they exhibit signs of impairment due to alcohol, illegal drugs, or prescription medications, regardless of their BAC level.
Qualifying Factors for a DUI Charge
- Blood Alcohol Concentration: A BAC of 0.08% or higher qualifies as a DUI for adults. For commercial drivers, the limit is 0.04%, and for underage drivers (under 21), any detectable amount of alcohol can result in a DUI charge.
- Signs of Impairment: A driver may be charged with a DUI if law enforcement observes erratic driving, lack of coordination, or other signs of impairment, even if the driver's BAC is below the legal limit.
- Other Substances: Driving under the influence of any controlled substances, including prescription medications that impair driving ability, can also result in DUI charges.
What Qualifies as a Felony DUI
A DUI can escalate to a felony under certain circumstances. A DUI becomes a felony if it is the driver's third offense within a five-year period. Penalties for a felony DUI can include substantial fines, lengthy prison sentences, and a permanent loss of driving privileges.
If a DUI incident results in serious bodily injury or death to another person, the offender may face felony charges. These charges carry severe penalties, reflecting the serious nature of the offense.
Mississippi Drunk Driving Accident Statistics
Below, you will find the most recent drunk driving crash statistics for the state of Mississippi:
- Fatalities: In 2021, 155 people died in drunk driving accidents in Mississippi, accounting for a staggering 34% of all traffic deaths in the state.
- Injuries: The same year, 305 individuals were injured in alcohol-involved car accidents, illustrating the significant number of people affected by drunk driving beyond just fatalities.
- BAC Levels in Fatal Crashes: According to data from 2021, 24% of fatalities in Mississippi were linked to drivers with a Blood Alcohol Concentration (BAC) of 0.08% or higher. This indicates that a significant portion of fatal crashes involved impaired drivers, underscoring the dangers of driving under the influence.
- Survivability Rates: The data also shows that 9% of drivers involved in fatal crashes were tested for BAC and survived, suggesting that not all drivers who were under the influence faced fatal outcomes, which highlights the unpredictable nature of drunk driving incidents.
Potential Compensation After a Drunk Driving Accident in Mississippi
The financial, physical, and emotional costs of a drunk driving crash can be immense. We pursue a settlement or verdict that reflects the full extent of your damages. This includes not only your tangible expenses but also the severe emotional and physical trauma you've endured.
Common damages include:
- Medical Expenses: This covers all costs related to your injuries, from the ambulance ride and emergency room care to any future surgeries, long-term hospitalization, or ongoing treatment.
- Lost Income and Earning Capacity: We demand compensation for the wages you lost while unable to work and any reduction to your future earning ability if your injuries cause a temporary or permanent disability.
- Property Damage: This provides for the repair or full replacement value of your vehicle and any other personal property damaged in the crash.
- Pain and Suffering: This compensates you for the physical pain, emotional trauma, anxiety, and mental anguish caused by the violent nature of the crash.
- Punitive Damages: Unique to cases of gross negligence, these damages are designed to punish the drunk driver for their egregious behavior and to deter others from making the same dangerous choice.
Holding Establishments That Over-Served the Driver
Accountable
The person who chose to drive under the influence is the primary defendant in your lawsuit. We build a case to prove their negligence by showing they were intoxicated and that their intoxication directly caused the crash and your injuries. Their actions are the foundation of your claim.
In many drunk driving cases, the intoxicated driver isn’t the only one who can be held legally responsible for the crash. Mississippi law allows victims to pursue compensation from other parties whose negligence contributed to the incident.
Mississippi has dram shop laws that can hold businesses liable for serving alcohol to a person who was visibly intoxicated. A bar, restaurant, or liquor store may be partially responsible for damages if it continued to serve an inebriated driver.
We investigate where the driver was drinking to determine if a third-party claim is possible.
Your Civil Claim vs. the Driver's Criminal Case
It's vital to understand that two separate legal cases happen after a drunk driving crash. The State pursues a criminal case to punish the driver, while you pursue a civil case to recover your personal losses.
A Mississippi drunk driving accident lawyer at our firm manages your civil claim while using the criminal case to your advantage.
Criminal Case
The prosecutor brings this case on behalf of the State of Mississippi. Its goal is to punish the driver for breaking the law, with penalties like fines, jail time, and driver's license suspension. The standard of proof is very high: beyond a reasonable doubt.
Civil Claim
You, the victim, can bring a civil lawsuit seeking compensation for your medical bills, lost income, pain and suffering, and other damages. The standard of proof is lower, making it easier to prove your case. A conviction or guilty plea in the criminal case is powerful evidence for your civil claim.
Frequently Asked Questions
What Is the Drunk Driving Law in Mississippi?
Mississippi law prohibits operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for adults. The state has strict penalties for driving under the influence (DUI), including fines, jail time, and license suspension.
How Does the Driver's DUI Charge Affect My Injury Claim?
The criminal DUI charge and your civil injury claim are separate, but the criminal case can significantly help your claim. A guilty plea or conviction is strong evidence of the driver's negligence.
Your Mississippi drunk driving accident lawyer can use that outcome to strengthen your position when negotiating with the insurance company.
Is Mississippi a Zero-Tolerance State?
Yes, Mississippi has a zero-tolerance law for drivers under the age of 21. For underage drivers, a BAC of 0.02% or higher can lead to DUI charges, which carry penalties such as fines, license suspension, and mandatory alcohol education programs.
What if the Drunk Driver's Insurance Isn’t Enough to Cover My Damages?
Your Mississippi drunk driving accident attorney can explore other options if your damages exceed the drunk driver's insurance policy limits. This includes filing a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage, which is designed for exactly this type of situation.
What Makes a DUI a Felony in Mississippi?
A DUI becomes a felony in Mississippi if it is the driver’s third offense within five years or if the DUI results in serious injury or death. Felony DUIs carry harsher penalties, including longer jail sentences and higher fines.
Do I Have To Wait for the Criminal Case to End Before I File My Lawsuit?
No, and you shouldn’t wait. Due to the statute of limitations, you have a limited time to file a personal injury lawsuit in Mississippi. Your attorney can and should start working on your civil claim immediately, long before the criminal case is resolved, to preserve evidence and protect your rights.
How Long Does a DUI Stay on Your Record in Mississippi?
A DUI conviction stays on your record in Mississippi for five years. After this period, subsequent DUIs are treated as first-time offenses, though insurance rates and other personal records may still reflect the previous convictions.
Is Your License Suspended Immediately After a DUI in Mississippi?
Yes, in Mississippi, your license may be suspended immediately after being charged with a DUI, particularly if you refuse a breathalyzer test. The suspension length can vary depending on whether it is a first-time or repeat offense.
Why Do I Need a Mississippi Drunk Driving Accident Lawyer for This Case?
You need a Mississippi drunk driving accident lawyer because these cases are far more complex than a car accident claim. An attorney investigates all potential sources of compensation, including dram shop liability, navigates the complexities of the parallel criminal case, and fights for punitive damages.
An experienced lawyer prevents you from being taken advantage of by insurance companies and works to maximize your financial recovery.
Demand Justice for a Reckless Act
While no amount of money can erase what happened, securing full and fair compensation is a critical step toward justice and recovery. Let a strong and experienced legal team stand up to the insurance companies and hold the drunk driver fully accountable.
Richard Schwartz & Associates is ready to put our knowledge and resources to work for you, fighting for the best possible outcome for your case.
Don’t let a drunk driver’s wrongful actions dictate your future. Contact us today at (601) 800-5559 for a free, confidential consultation with a dedicated Mississippi drunk driving accident lawyer.