What Happens When Two Drunk Drivers Injure Each Other in Mississippi?

When a drunk driver crashes into an innocent motorist, it doesn’t take a genius to figure out who is to blame. But what happens when both motorists were intoxicated at the time of the crash? Who is to blame in this scenario? While this might sound like a freak car accident, incidents such as these are more common than you might think. And if you find yourself in this situation, you probably already know just how common it is. So what happens next?

Three Drunk Drivers Crash Into Each Other

Drunk drivers crash into each other somewhat frequently. Back in 2021, two drivers crashed into each other in Wisconsin. A few moments later, a third drunk driver crashed into the accident scene. It seems as though no one was seriously injured, although all of these individuals were charged with DUI offenses.

This shows that no matter what happens, there is no escaping a DUI offense if you get into an accident while driving drunk. Even if the other drunk driver caused the accident and you were driving in a safe manner, you still broke the law by getting behind the wheel in an intoxicated state.

Comparative Negligence in Mississippi

Mississippi follows a “pure” comparative negligence system. This means that if you were partly to blame for your own injuries, you may still have the opportunity to recover damages. Even if you were 99% responsible for your own injury, you would have the ability to sue another party who was 1% responsible for the crash. This would be a pointless move in many cases, however.

The most obvious scenario would involve two drunk drivers who are each 50% responsible for the crash. If they chose to sue each other, they would each have the pay for the other party’s settlement. This would essentially “cancel itself out,” making the entire legal process pointless. The only way in which this would be effective is if one drunk driver was obviously much more negligent than the other.

For example, one drunk driver might have been parked on the side of the road when they were rear-ended by another drunk driver who was totally out of control. In this scenario, the parked drunk driver might be considered 10% or 20% at-fault, and suing the other drunk driver for an 80% or 90% settlement might be worth it in the long run.

Dram Shop Laws

Mississippi also has its own dram shop laws, which means you can sue a bar or a pub for selling alcohol to a “visibly intoxicated individual” who later causes your accident. This would allow you to receive a settlement even if you were also drunk at the time of the crash. Comparative negligence would still apply, however.

Where Can I Find a Qualified Drunk Driving Attorney in Mississippi?

If you’ve been searching for a qualified, experienced drunk driving accident attorney in Mississippi, look no further than Ballard Law, PLLC. Over the years, we have guided numerous injured victims toward fair settlements, allowing them to pay for damages such as medical expenses, missed wages, and much more. There may still be an opportunity to sue — even if you were partly to blame for your own injuries. Book your consultation today to get started with an effective action plan.

Sources

1. https://www.audacy.com/kluv/latest/three-drunk-drivers-randomly-crash-into-each-other
2. https://wallethub.com/answers/ci/is-mississippi-a-no-fault-state-2140699282/

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