Legal Recourses for Pedestrians Injured by Vehicles in Mississippi

The sudden impact of a vehicle can be a life-altering event for a pedestrian. One moment, you’re walking along a sidewalk or crossing a street, and the next, you’re facing severe injuries, mounting medical bills, and an uncertain future. In Mississippi, navigating the aftermath of such an accident involves specific legal considerations. For those who have been injured, knowing your rights and the pathways to seek recovery is an important step.

What is a Pedestrian Accident Claim?

A pedestrian accident claim arises when an individual on foot is injured due to the negligence or wrongful act of a driver, another party, or a hazardous condition. Unlike car-on-car collisions, pedestrian accidents often result in more severe injuries for the pedestrian, as they lack the protection of a vehicle. These claims typically fall under personal injury law, but they have unique aspects, especially concerning liability and the extent of damages.

The goal of a pedestrian accident claim is to recover compensation for the losses incurred by the injured pedestrian. This compensation can cover medical expenses, lost wages, pain and suffering, and other related costs. The process usually involves investigating the accident, identifying the at-fault parties, negotiating with insurance companies, and, if necessary, pursuing a lawsuit.

Common Causes of Pedestrian Accidents in Mississippi

Pedestrian accidents can stem from a variety of factors, many of which involve driver inattention or disregard for traffic laws. Understanding these common causes can help illustrate how negligence plays a role in these incidents:

Distracted Driving: Drivers who are texting, talking on the phone, eating, or otherwise distracted may fail to see pedestrians, especially in crosswalks or at intersections. This is a leading cause of many accidents.
Failure to Yield: Drivers are often required by law to yield to pedestrians, particularly in marked crosswalks or when making turns. Failing to do so can directly lead to a collision.
Speeding: Exceeding the speed limit reduces a driver’s reaction time and increases the force of impact, making pedestrian injuries more severe.
Impaired Driving: Driving under the influence of alcohol or drugs significantly impairs a driver’s judgment, coordination, and awareness, posing a serious threat to pedestrians.
Disregarding Traffic Signals: Running red lights or stop signs can put pedestrians at extreme risk, especially when they have the right-of-way.
Poor Visibility: Accidents can occur in low-light conditions, bad weather, or areas with obstructed views, particularly if drivers are not exercising extra caution.
Aggressive Driving: Tailgating, weaving through traffic, and other aggressive behaviors can lead to dangerous situations for pedestrians.
Failing to Use Turn Signals: When drivers do not signal their intentions, pedestrians may be unaware of an impending turn, leading to unexpected collisions.

Establishing Negligence in Pedestrian Accident Cases

To pursue a successful pedestrian accident claim in Mississippi, it is necessary to establish that the driver or another party was negligent. Negligence means that a party failed to act with the reasonable care that a prudent person would have exercised in a similar situation, and this failure directly caused the pedestrian’s injuries.

The elements of negligence in a pedestrian accident claim generally include:

Duty of Care: All drivers have a legal obligation to operate their vehicles safely and to exercise reasonable care to avoid harming others, including pedestrians. This includes obeying traffic laws, paying attention to the road, and yielding the right-of-way when required.
Breach of Duty: This occurs when the driver fails to meet their duty of care. Examples include speeding, distracted driving, failing to yield to a pedestrian in a crosswalk, or driving under the influence.
Causation: There must be a direct link between the driver’s breach of duty and the pedestrian’s injuries. The pedestrian’s injuries must have been a foreseeable consequence of the driver’s negligent actions.
Damages: The pedestrian must have suffered actual damages as a result of the accident, such as physical injuries, medical expenses, lost wages, or pain and suffering. Without provable damages, there is no basis for a claim.

Mississippi follows a “pure comparative negligence” rule. This means that if a pedestrian is found to be partially at fault for the accident, their recoverable damages will be reduced by their percentage of fault. For example, if a pedestrian is awarded $100,000 in damages but is found to be 20% at fault, they would receive $80,000. Even if a pedestrian is found to be primarily at fault, they may still be able to recover a portion of their damages.

Types of Injuries Sustained by Pedestrians

Due to the lack of physical protection, pedestrians involved in vehicle collisions often suffer severe and catastrophic injuries. These injuries can have long-lasting physical, emotional, and financial consequences. Common injuries include:

Head Injuries and Traumatic Brain Injuries (TBIs): These range from concussions to severe brain damage, leading to cognitive impairments, memory loss, and personality changes.
Spinal Cord Injuries: These can result in partial or complete paralysis, affecting mobility, sensation, and bodily functions.
Broken Bones and Fractures: Impact from a vehicle can cause multiple fractures, often requiring surgery, casts, and extensive rehabilitation.
Internal Organ Damage: The force of impact can lead to damage to internal organs, necessitating emergency surgery and potentially life-saving interventions.
Soft Tissue Injuries: Sprains, strains, and tears to muscles, tendons, and ligaments can cause significant pain and limit mobility.
Lacerations and Abrasions: Skin injuries, often severe, can lead to scarring, infection, and disfigurement.
Psychological Trauma: Pedestrian accidents can result in post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health challenges.

The long-term effects of these injuries can include chronic pain, permanent disability, reduced quality of life, and the need for ongoing medical care, including physical therapy, occupational therapy, and psychological counseling.

Recoverable Damages in a Pedestrian Accident Claim

Victims of pedestrian accidents in Mississippi may be entitled to various types of damages to compensate for their losses. These damages typically fall into two categories: economic and non-economic.

Economic Damages:

These are quantifiable financial losses resulting from the accident.

Medical Expenses: This includes emergency room visits, hospital stays, surgeries, doctor appointments, prescription medications, rehabilitation, physical therapy, and future medical care related to the accident.
Lost Wages: Compensation for income lost due to time off work for recovery, appointments, or disability. This can also include lost earning capacity if the injuries prevent the pedestrian from returning to their previous job or earning potential.
Property Damage: While less common for pedestrians, if personal property like a cell phone, glasses, or clothing was damaged in the accident, the cost of repair or replacement may be recoverable.
Other Out-of-Pocket Expenses: This can include transportation costs to medical appointments, assistive devices (wheelchairs, crutches), and modifications to a home or vehicle to accommodate a disability.

Non-Economic Damages:

These are intangible losses that are harder to quantify but are significant aspects of the victim’s suffering.

Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injuries, including discomfort, agony, and mental anguish.
Emotional Distress: This can include anxiety, depression, fear, shock, and other psychological impacts resulting from the accident and its aftermath.
Loss of Enjoyment of Life: Compensation for the inability to participate in activities, hobbies, and daily routines that the pedestrian enjoyed before the accident.
Disfigurement and Scarring: Damages for permanent physical alterations that impact self-esteem and quality of life.
Loss of Consortium: In cases of severe injury or wrongful death, a spouse may seek compensation for the loss of companionship, affection, and support from their injured or deceased partner.

Steps to Take After a Pedestrian Accident

The actions you take immediately following a pedestrian accident can significantly impact the strength of your legal claim.

Seek Medical Attention Immediately: Even if you feel fine, some injuries may not be immediately apparent. A medical examination creates an official record of your injuries.
Call the Police: A police report documents the accident, gathers witness statements, and may include an officer’s assessment of fault.
Gather Information: If you are able, collect the driver’s contact and insurance information, and the names and contact details of any witnesses.
Document the Scene: Take photographs and videos of the accident scene, including vehicle damage, your injuries, traffic signs, road conditions, and any other relevant details.
Do Not Admit Fault: Avoid making statements that could be interpreted as admitting fault, even to police or insurance adjusters.
Keep Detailed Records: Maintain a meticulous record of all medical treatments, expenses, lost wages, and communications with insurance companies or other parties.
Consult with a Pedestrian Accident Lawyer: An attorney can provide guidance on your rights, help you navigate the legal process, and protect your interests.

The Legal Process for Pedestrian Accident Claims

The process of pursuing a pedestrian accident claim in Mississippi typically involves several stages:

Investigation: Your attorney will conduct a thorough investigation, gathering evidence such as police reports, medical records, witness statements, traffic camera footage, and accident reconstruction reports.
Demand Letter: Once the full extent of your damages is determined, a demand letter outlining your claim and seeking compensation will be sent to the at-fault driver’s insurance company.
Negotiation: The insurance company will typically respond with a settlement offer. Your attorney will negotiate on your behalf to secure fair compensation, presenting evidence to support your claim.
Filing a Lawsuit: If a fair settlement cannot be reached through negotiation, a lawsuit may be filed in civil court. This initiates the litigation process.
Discovery: During discovery, both sides exchange information and evidence. This can involve depositions (sworn testimonies), interrogatories (written questions), and requests for documents.
Mediation or Arbitration: Before trial, parties may engage in mediation (a facilitated negotiation) or arbitration (a process where a neutral third party makes a decision) to attempt to resolve the dispute.
Trial: If the case does not settle, it proceeds to trial, where a judge or jury will hear arguments and evidence from both sides and issue a verdict.
Appeals: Either party may appeal the court’s decision if they believe there was a legal error.

Mississippi Laws Relevant to Pedestrian Accidents

Several specific laws and legal principles in Mississippi are especially relevant to pedestrian accident claims.

Statute of Limitations: In Mississippi, the general statute of limitations for personal injury claims, including pedestrian accidents, is typically three years from the date of the accident. This means a lawsuit must be filed within this timeframe, or you may lose your right to pursue a claim.
Right-of-Way Laws: Mississippi law dictates when drivers must yield to pedestrians. Generally, pedestrians in marked crosswalks or those who have entered the intersection with a “walk” signal have the right-of-way. However, pedestrians also have a duty to exercise reasonable care for their own safety.
Traffic Regulations: Various traffic laws, such as those related to speeding, distracted driving, and driving under the influence, can be used to establish a driver’s negligence in a pedestrian accident case.
Comparative Negligence: As mentioned earlier, Mississippi’s pure comparative negligence rule allows for recovery even if the pedestrian is partially at fault, with damages reduced proportionally to their degree of fault.
Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the at-fault driver has insufficient insurance or no insurance, your own UM/UIM policy may provide coverage for your injuries and damages.

Dealing with Insurance Companies After a Pedestrian Accident

Interacting with insurance companies after a pedestrian accident can be complex. Insurance adjusters represent the interests of their policyholders and the company, not necessarily yours.

Be Cautious with Statements: Avoid giving recorded statements to the at-fault driver’s insurance company without first consulting an attorney. Any statements you make can be used against you.
Do Not Accept Early Settlement Offers: Initial offers are often low and do not account for the full extent of your current and future damages.
Provide Limited Information: You are generally required to provide basic information about the accident but should not discuss fault or the extent of your injuries in detail without legal counsel.
Understand Your Policy: Review your own insurance policy to understand your coverage, including medical payments (Med-Pay) or uninsured/underinsured motorist coverage.
Let Your Attorney Handle Communications: Once you retain legal counsel, your attorney can handle all communications and negotiations with the insurance companies on your behalf, protecting you from common pitfalls.

How a Lawyer Can Help Your Pedestrian Accident Claim

Navigating a pedestrian accident claim alone can be overwhelming, especially while recovering from serious injuries. An attorney experienced in pedestrian accident claims can provide significant advantages:

Investigation and Evidence Gathering: An attorney will meticulously gather all necessary evidence to build a strong case, including accident reports, medical records, witness statements, and expert testimony.
Determining Liability: They can identify all potentially liable parties, which might include the driver, a municipality (for hazardous road conditions), or even a vehicle manufacturer.
Calculating Damages: Lawyers can accurately assess the full scope of your damages, including future medical costs and lost earning potential, ensuring you seek comprehensive compensation.
Negotiating with Insurance Companies: An attorney will handle all communications and negotiations with insurance adjusters, working to secure a fair settlement that reflects your losses.
Litigation Representation: If a settlement cannot be reached, your attorney will represent you in court, advocating for your rights and presenting your case effectively.
Understanding Complex Laws: They possess the knowledge of Mississippi’s specific traffic laws, personal injury statutes, and court procedures relevant to your case.
Protecting Your Rights: An attorney ensures that your rights are protected throughout the process and prevents insurance companies from taking advantage of your vulnerability.

Discovering Your Legal Options After a Pedestrian Accident

Being involved in a pedestrian accident can leave you with severe injuries and significant questions about your future. If you or a loved one has been injured as a pedestrian due to someone else’s negligence in Mississippi, exploring your legal options is an important step toward recovery.

The attorneys at Reeves & Mestayer are dedicated to helping clients navigate complex personal injury claims. We invite you to contact us today at 228-374-5151 or reach out to us online for a free consultation to discuss the specifics of your situation and your potential next steps.