Distracted Driving in Mississippi:
Your Rights and Responsibilities

Understand and comply with Mississippi’s texting and driving laws

Life can change in the blink of an eye or, as the case may be, a glance at a text. 

Picture this: it’s a sunny afternoon in Jackson, Mississippi. A father of three is driving home from work, looking forward to a weekend with his family. Suddenly, a driver, glancing to look at an incoming text, swerves into his lane. The resulting collision leaves the father with permanent injuries, facing a long road to recovery and an uncertain financial future.

Distracted driving is a growing problem in Mississippi. In this article, we’ll take a look at Mississippi’s distracted driving laws, including the consequences for violating them and what steps you can take if you’re the victim of a distracted driving crash.

What constitutes distracted driving in Mississippi?

The term “distracted driving” refers to any activity that diverts a person’s attention from the task of driving. According to the Centers for Disease Control and Prevention, there are three types of distractions:

• Visual: taking your eyes off the road
• Manual: taking your hands off the wheel
• Cognitive: taking your mind off driving

There are all sorts of activities that can distract a driver, from talking to passengers to adjusting radio dials. Nevertheless, the Mississippi legislature has focused on one activity: texting. 

Under Mississippi law, it is unlawful for any person to write, send, or read a text message while operating a motor vehicle on a public road or highway.

Although Mississippi law doesn’t prohibit talking on a cell phone while driving, research suggests it can be just as distracting as texting. A study published in Accident Analysis and Prevention found that drivers talking on a phone suffered performance deficits that were just as profound as those suffered by drivers under the influence of alcohol.

Penalties for distracted driving violations

Mississippi’s distracted driving statute is a primary enforcement statute, which means a police officer can pull you over for texting and driving regardless of whether you’re violating any other traffic law. 

Violating Mississippi's distracted driving statute is punishable by a civil penalty of $100.

However, this statutory penalty only scratches the surface. The real cost comes when a distracted driver causes an accident that results in injuries or fatalities.

The role of distracted driving in personal injury cases

The fines for distracted driving are relatively minor, particularly compared to some other states. The real consequences arise when a distracted driver is involved in a car accident.

Under Mississippi law, a driver is negligent if they fail to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances, and someone is harmed because of that failure.

When a driver causes a car accident because they were distracted (e.g., they were texting and driving), the driver is negligent and responsible for paying the damages caused by the accident. Keep in mind that in catastrophic accidents, the damages exceed most drivers’ insurance policy limits, leaving the driver personally liable for the damages.

How does Mississippi's pure comparative fault rule impact recovery after a distracted driving accident?

Mississippi is a pure comparative fault state, which means the plaintiff can recover damages from the defendant even if they are as much as 99 percent at fault for the accident. 

However, a plaintiff’s recovery will be reduced by their percentage of fault.

Tips to avoid distracted driving

The Mississippi State Department of Health has some tips to help drivers avoid using their phones while driving:

Before you drive

While you drive

Develop a habit of turning off your cell phone when you get in your vehicle and turning it back on when you are done driving. Put your cell phone in your trunk to avoid temptation. Record a voicemail greeting telling callers it is not safe to make calls while driving and that you will return their call as soon as you are able. Organize your route and schedule to allow time to make and return phone calls from the parking lot of one location before leaving to drive to the next one.

Do not make or answer cell phone calls, even with hands-free and voice-recognition devices. If you must make an emergency call, leave the road and park in a safe area. Do not send or read text messages or emails. Have a passenger use the phone for you. Let someone else drive so that you can freely make or receive calls. Enjoy phone-free driving; focus on the road. Protect your life and those around you.

The importance of legal representation

Car accidents can be overwhelming, particularly when dealing with injuries and emotional trauma. An experienced Mississippi personal injury attorney can guide you through the process by gathering the right evidence, meeting all the critical deadlines, and exploring all your legal options to ensure you receive the maximum compensation you deserve. 

It’s important to remember that distracted driving doesn’t have to be just texting—it can be anything from changing radio stations to eating while driving. An attorney can help establish that the driver who caused your accident was indeed distracted, thereby breaching their duty of care. 

The bottom line is that you don’t have to face this ordeal alone.