What Are the Laws Around Distracted Driving in Mississippi?

Every year, there are thousands of people injured and killed in distracted driving crashes throughout the county. The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving claimed 3,522 lives in 2021, and the Centers for Disease Control and Prevention (CDC) report that over 420,000 people were injured in crashes involving a distracted driver in 2019. As more states start to crack down on distracted drivers, it’s important to know what the laws are in Mississippi, as well as what you can do if you’re involved in a crash caused by a distracted driver.

What Is Distracted Driving?

Distracted driving refers to any activity that diverts attention away from driving. Examples of distracted driving include:

• Using a cell phone to talk or text
• Using apps on a cellphone or other smart device, including maps
• Self-grooming
• Eating or drinking
• Attending to or talking to passengers
• Attending to children or pets in the car
• Looking out the window
• Daydreaming about something else

When you’re behind the wheel, it’s important that you’re mentally, physically (hands on the wheel), and visually (eyes on the road) engaged in the task of driving. Looking away for even a second could result in a serious accident. 

Does Mississippi Have Laws Related to Distracted Driving?

While Mississippi does not have a law that is specific to “distracted” driving, it does have laws related to the use of a cell phone or other smart device while driving.

The state does not prohibit talking on a phone while driving—this includes both making and receiving calls. The state does, however, prohibit using a cellphone or another device to write, read, or send a text message, as well as access, read, or post to a social network/media site. 

There are some exceptions to the rule: Under Mississippi’s law, messages that are related to the operation of the vehicle aren’t prohibited, nor is the use of hands-free, voice-operated devices. 

Penalties for Using a Handheld Device While Driving in Mississippi

If you do use a handheld device in Mississippi, you can receive a $100 fine. While a $100 fine may not seem so serious, it’s important to remember that the context could lead to more severe penalties. If distracted driving leads to an accident—or if it is accompanied by other dangerous driving behavior, such as speeding—it could lead to a charge of reckless driving. Most severely, texting while driving could lead to serious accidents that cause injury or death to another party. This would not only be tragic but could also result in civil penalties. 

What to Do If You’re in an Accident Caused by a Distracted Driver

If you’re involved in an accident caused by a distracted driver, it’s important to know that you have legal rights. Mississippi is a pure comparative fault state, which allows for an injured party to recover damages from a person who causes their injury (even if the claimant contributed to the accident). 

If you can prove that the driver who hit you was distracted at the time of the accident and that the distraction was the primary cause of the accident—regardless of whether or not the distraction was an actual breach of Mississippi law—then you can seek damages. Damages that may be recoverable in a distracted driving case include compensation for economic losses, such as medical expenses and property damage costs. You can also recover compensation for noneconomic damages such as the value of your pain, suffering, and emotional distress. 

The important thing to know about bringing forth a lawsuit after being involved in an accident caused by a distracted driver is that you only have three years to file your car accident lawsuit. In many cases, car accident claims will settle well ahead of this deadline; however, if your claim does not settle and you do need to file a lawsuit, you’ll need to do it within three years of the accident’s occurrence. 

Put Away Distractions While Driving

The most important thing that you can do when you get behind the wheel of a car is to commit to safety. Being safe while driving means putting away all distractions and focusing on the task at hand. In addition to eliminating distractions, it’s also essential to commit to driving while sober and to follow all traffic rules and regulations.

Even if you’re the safest driver on the road, it’s impossible to predict the actions of other drivers. If you’re involved in a crash caused by a distracted driver, you have legal rights. You can learn more about these rights and what to do after a crash by calling a Mississippi car accident attorney.