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Over the years, Chhabra, Gibbs & Gustavis, P.A., has secured over $265 million for injured Mississippians. Though past results don’t guarantee outcomes in the future, this proficiency showed us that an intoxicated driver might not be the only party at fault in a drunk driving claim. Third-party liability in a Jackson, MS drunk driving accident is something that should always be considered, and identifying whether it’s viable early on is crucial.
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With over 130 years of combined experience, the award-winning team at Chhabra, Gibbs & Gustavis, P.A., takes an aggressive approach when advocating for clients and pursuing outcomes that account for the harm and losses they’ve suffered.
When Can a Third Party Be Held Responsible?
In 2023, there were 236 arrests for DUI in Hinds County, but in some drunk driving accidents, a person or business other than the driver could share responsibility for your injuries. However, their contribution needs to meet Mississippi’s legal requirements. Potential sources of third-party liability include:
- Bars and restaurants. Under Mississippi Code § 67-3-73, certain alcohol providers could face liability in limited circumstances.
- Employers. If an intoxicated driver was working at the time of the accident, their employer could be liable in certain circumstances, depending on the driver’s duties and whether the conduct occurred within the scope of employment.
- Other businesses or individuals. Depending on the circumstances, another party’s independent negligent conduct could also warrant investigation.
Un experienced Jackson drunk driving accident attorney can evaluate whether the facts support a drunk driving accident claim against someone other than the driver.
Why Acting Quickly Matters
Evidence connecting a bar or restaurant to an accident can be lost without legal intervention. Businesses routinely delete recordings or discard records, making it important to secure representation as soon as possible. An attorney can take steps like:
- Sending a request to retain relevant video before it’s erased or recorded over.
- Locating employees and patrons who might have witnessed the driver’s condition or interactions with staff.
- Gathering available receipts, sales records, and incident reports that could help establish when alcohol was served and what employees observed.
A Jackson drunk driving accident attorney can help preserve critical evidence and apply Mississippi’s drunk driving accident laws to the facts of your case.
How Mississippi Law Addresses Punitive Damages
In drunk driving accident claims, compensation is meant to cover your losses. However, punitive damages are meant to punish the wrongdoer for especially reckless behavior while discouraging similar behavior by others.
- Bajo Mississippi Code § 11-1-65, these damages are only available when specific legal requirements are met. The law also makes an exception to certain limits on punitive damages. Factors that could affect whether punitive damages are available include:
- The defendant’s conduct must meet the legal standard required for punitive damages.
- Witness statements, records, and other evidence need to establish what happened.
- A third party, like a bar or restaurant, isn’t automatically responsible for punitive damages just because it served the driver.
These drunk driving accident laws require careful legal analysis, and an experienced attorney can assess whether the evidence supports additional liability or punitive damages in your drunk driving accident claim.
Hire a Drunk Driving Accident Attorney: Local Counsel Matters
When you hire a Jackson drunk driving accident attorney, local counsel offers an advantage. At Chhabra, Gibbs & Gustavis, P.A., we regularly appear before the Hinds County Circuit Court, giving us familiarity with the procedures and expectations that can affect your claim.
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