Legal Recourses for Pedestrians Injured by Vehicles in Mississippi

The sudden impact of a vehicle can transform a routine walk into a life-altering event for a pedestrian. In Mississippi, as in any state, the legal aftermath of such an incident can be complex and intimidating. Beyond the immediate physical and emotional toll, injured pedestrians often face mounting medical bills, lost wages, and a challenging path to recovery. A pedestrian accident occurs when a person on foot is struck by a motorized vehicle, such as a car, truck, motorcycle, or bus. These incidents can happen in various settings, including crosswalks, sidewalks, parking lots, or even on the shoulder of a road.

Given the inherent vulnerability of pedestrians, the injuries sustained are often severe, ranging from broken bones and internal injuries to traumatic brain injuries and spinal cord damage. This is why it is very important to bring in strong legal counsel as soon as possible so that you fully understand your rights and options. In Mississippi, call the Gardner Law Group today at 228-436-6555 or 228-762-6555 to set up a free consultation to discuss your case.

Common Causes of Pedestrian Accidents in Mississippi

Pedestrian accidents are rarely truly “accidents”; they typically result from someone’s negligence or reckless behavior. Common factors contributing to these collisions include:

• Driver Distraction: Drivers who are texting, talking on the phone, eating, or otherwise not paying full attention to the road and their surroundings pose a significant risk to pedestrians.
• Failure to Yield: Drivers often fail to yield the right-of-way to pedestrians in crosswalks, at intersections, or when turning.
• Speeding: Exceeding the speed limit reduces a driver’s reaction time and increases the force of impact in a collision, leading to more severe injuries.
• Impaired Driving: Driving under the influence of alcohol or drugs significantly impairs a driver’s judgment, reaction time, and ability to operate a vehicle safely.
• Disregard for Traffic Signals: Running red lights or stop signs can lead to catastrophic pedestrian accidents.
• Poor Visibility: Accidents can occur in low-light conditions, bad weather, or when drivers fail to use headlights properly.
• Fatigued Driving: Drivers who are drowsy or fatigued may experience delayed reactions and impaired decision-making, similar to impaired driving.

Establishing Liability in a Mississippi Pedestrian Accident

To secure compensation after a pedestrian accident, it is necessary to demonstrate that another party was at fault. This involves proving negligence, which generally requires showing the following elements:

• Duty of Care: The at-fault driver owed a legal duty to exercise reasonable care to avoid harming others on the road, including pedestrians. All drivers owe this duty.
• Breach of Duty: The driver violated this duty by acting carelessly or recklessly (e.g., speeding, distracted driving, failing to yield).
• Causation: The driver’s breach of duty directly caused the pedestrian’s injuries. There must be a direct link between the driver’s actions and the harm suffered.
• Damages: The pedestrian suffered actual losses, such as medical expenses, lost income, pain, and suffering, as a result of the injuries.

Types of Damages Recoverable in Pedestrian Accident Claims

Injured pedestrians may be entitled to recover various types of damages, broadly categorized as economic and non-economic.

Economic Damages

These are tangible, quantifiable losses that can be calculated with relative precision. They include:

• Medical Expenses: Past and future costs related to emergency care, hospital stays, doctor’s visits, surgeries, medications, physical therapy, rehabilitation, and assistive devices.
• Lost Wages: Income lost due to time missed from work because of injuries and recovery. This can include salary, hourly wages, commissions, and bonuses.
• Loss of Earning Capacity: If your injuries result in a long-term or permanent disability that affects your ability to earn at your previous capacity, you may claim compensation for this diminished earning potential.
• Property Damage: While less common for pedestrians, this could include damage to personal items like a smartphone, eyeglasses, or clothing that were destroyed in the accident.

Non-Economic Damages

These are intangible losses that do not have a direct monetary value but significantly impact the injured person’s quality of life. They include:

• Pain and Suffering: Compensation for the physical pain, discomfort, and emotional distress experienced as a result of the injuries.
• Emotional Anguish: This can include anxiety, depression, fear, anger, or post-traumatic stress disorder (PTSD) stemming from the accident.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, recreational activities, or daily functions you once enjoyed, you may be compensated for this loss.
• Disfigurement: Compensation for permanent scarring or disfigurement caused by the accident.
• Loss of Consortium: In cases of severe injury, a spouse may claim for the loss of companionship, affection, and support from their injured partner.

Dealing with Insurance Companies After a Mississippi Pedestrian Crash

After a pedestrian accident, you will likely be contacted by insurance adjusters representing the at-fault driver. It is vital to approach these interactions with caution.

• Be Mindful of What You Say: Insurance adjusters are trained negotiators whose primary goal is to minimize the payout on claims. They may ask seemingly innocent questions designed to elicit statements that could be used against you, such as admitting partial fault or downplaying your injuries.
• Do Not Provide Recorded Statements: You are generally not obligated to give a recorded statement to the at-fault driver’s insurance company. Politely decline and refer them to your legal counsel.
• Do Not Accept a Quick Settlement: Early settlement offers from insurance companies are often far less than the full value of your claim, especially before the full extent of your injuries and long-term prognosis are known.
• Protect Your Social Media: Refrain from posting about the accident, your injuries, or your recovery on social media platforms. Insurance companies routinely monitor these profiles for information they can use to dispute or devalue your claim. Even a seemingly harmless photo could be misinterpreted.

Injured as a Pedestrian in Mississippi? Act Swiftly to Protect Your Rights.

A pedestrian accident can have profound and lasting consequences. The period following such an incident is critical for gathering and preserving evidence that can make or break your claim. Do not delay in seeking appropriate medical attention and legal guidance. The Gardner Law Group is here to help. We are committed to helping injured pedestrians navigate the complexities of their claims, deal with insurance companies, and work tirelessly to pursue the full compensation they deserve. Contact us today for a consultation to discuss your situation and learn how we can assist you.

Gardner Law Group

Biloxi Office

178 Main Street,

Biloxi, MS, 39530

P: (228) 900-9618

Pascagoula Office

3012 Canty Street,

Pascagoula, MS, 39567

P: (228) 231-3855