Pedestrian accidents are a big problem in Jackson, Mississippi and can be very serious or deadly. With more cars on the road and more distracted drivers, pedestrian safety is a major issue. For victims and their loved ones, knowing personal injury law, 2023 stats and notable cases for pedestrian accidents is key. This article covers the law, stats and a case for those affected by pedestrian accidents.

Personal Injury Law for Pedestrian Accidents in Jackson, Mississippi

Pedestrian accident claims in Mississippi are based on several legal concepts, mainly negligence, comparative fault and crosswalk laws. Understanding these concepts is important for victims to get justice and compensation.

Law

Negligence

Most pedestrian accident claims are based on negligence. Negligence is the failure of a driver to act as a reasonable person would, which causes an accident and injury to another. In pedestrian accidents, drivers have a duty of care to follow traffic laws and be aware of pedestrians.

Types of negligence in pedestrian accidents:

• Distracted driving: Using phones, eating or doing other things that take attention off the road.
• Speeding: Driving over the speed limit or too fast for conditions, which reduces reaction time.
• Failure to yield: Not yielding to pedestrians at crosswalks or intersections which is the law.
• Driving under the influence: Operating a vehicle while impaired by alcohol or drugs which severely impairs reaction and avoidance.

To win a pedestrian accident claim, the victim must prove the driver’s negligence caused their injury. This means gathering evidence such as witness statements, police reports and video from traffic cameras.

Comparative Fault

Mississippi is a modified comparative fault state (Miss. Code Ann. § 11-7-15), which means if the injured pedestrian is found to be partially at fault for the accident, their compensation will be reduced by their percentage of fault. For example, if the pedestrian was crossing outside a crosswalk or against a traffic signal, they may be partly to blame for the accident.

If the pedestrian is more than 50% at fault, they can’t recover. So victims need to present a clear case that most of the fault is with the driver.

For example, a pedestrian may be jaywalking but if the driver was speeding or distracted at the time of the accident, the driver could still be mostly to blame.

Crosswalk Laws

Mississippi law requires drivers to yield to pedestrians in marked and unmarked crosswalks. This is especially important at intersections where drivers must be aware of pedestrians crossing the road.

Drivers must also be cautious in school zones and residential areas where children and other pedestrians are more likely to be present. Failure to yield to pedestrians can result in liability for any injuries or damages from the accident.

How to File a Pedestrian Accident Claim

Victims of pedestrian accidents in Mississippi can file a personal injury claim against the driver or other responsible parties. This process involves several steps, gathering evidence to negotiating settlement or going to court.

File a Claim

After a pedestrian accident, victims should start gathering evidence to support their claim. That includes:

• Police reports.
• Medical records of the injuries.
• Witness statements of those who saw the accident.
• Photos and videos of the accident and visible injuries.

Once the evidence is gathered, the victim’s lawyer will file the personal injury claim with the at-fault driver’s insurance company or in court.

Statute of Limitations

In Mississippi the statute of limitations for personal injury claims is three years from the date of the accident (Miss. Code Ann. § 15-1-49). This means a claim must be filed within three years to preserve the victim’s rights and pursue compensation. Waiting too long can result in loss of evidence and witnesses.

Victims should act quickly to preserve evidence, get medical treatment and consult with an attorney to start the process.

Compensation for Pedestrian Accident Victims

Victims of pedestrian accidents can recover for both economic and non-economic damages.

Medical Expenses

Pedestrian accidents often result in serious injuries such as head trauma, spinal cord injuries, broken bones and internal injuries. Victims can recover for:

• Emergency room visits.
• Surgeries and hospital stays.
• Physical therapy and rehabilitation.
• Ongoing medical treatment such as prescription medications and medical equipment.

For victims with permanent injuries or disabilities, compensation may also cover long-term medical needs such as home care and assistive devices.

Lost Wages and Loss of Earning Capacity

If the injuries from a pedestrian accident prevent the victim from going back to work, they can recover for lost wages. If the injuries result in a permanent disability that affects the victim’s ability to earn a living, they can also recover for loss of future earning capacity.

For example, if a victim who worked in a physically demanding job suffers a spinal cord injury and can’t go back to their previous job, they can pursue damages for the income they would have earned had the accident not happened.

Pain and Suffering

In addition to economic damages, victims can also recover for pain and suffering which is the physical pain and emotional distress caused by the accident. That can include:

• Emotional trauma such as anxiety, depression or PTSD.
• Physical pain from the injuries.
• Loss of enjoyment of life where the victim can no longer do things they used to do.

Property Damage

If the pedestrian was carrying personal property such as a phone, laptop or bicycle that was damaged in the accident, they may be entitled to recover for the repair or replacement of those items.

Legal Representation in Pedestrian Accident Claims

Having an attorney with experience in pedestrian accident claims is key to navigating the legal process for victims.

Experienced Attorneys

An experienced personal injury attorney can:

• Investigate the accident: That means gathering evidence, reviewing police reports and consulting with experts to build the case.
• Negotiate with insurance companies: Attorneys handle all communication with the at-fault party’s insurance company to get the victim the most money possible.
• Litigate in court: If a fair settlement can’t be reached, the attorney will file a lawsuit and try the case.

Pedestrian Accidents in Jackson, Mississippi (2023)

Looking at the statistics shows the scope of pedestrian accidents in Jackson, Mississippi and how we need to do better.

2023 Incidents

In 2023 there were about 75 pedestrian accidents in Jackson. That’s a lot for a city of our size. That’s more than previous years and a trend we need to address. Pedestrian accidents often result in serious injuries because pedestrians have no protection.

The increase in incidents shows we need more awareness from drivers and infrastructure to protect pedestrians such as better crosswalk signs, traffic signals and lighting.

Common Causes of Pedestrian Accidents

Distracted Driving

One of the main causes of pedestrian accidents is distracted driving where drivers fail to pay attention to the road because they are texting, using GPS or doing other in-car distractions. Even a second of distraction can cause a pedestrian accident.

Failure to Yield

Many pedestrian accidents occur when drivers fail to yield to pedestrians at crosswalks or intersections because they don’t see the pedestrian or because they are in a hurry and don’t follow the rules of the road.

Speeding

Speeding is another common cause of pedestrian accidents. Drivers going fast have less time to react to unexpected obstacles like pedestrians in the street. And the severity of injuries is much greater when a vehicle is going faster, so speeding is a big factor in many serious pedestrian accidents.

Victims

Pedestrian accidents result in life-altering injuries because of the force of a moving vehicle. Common injuries are:

• Head trauma and traumatic brain injuries (TBI).
• Spinal cord injuries resulting in paralysis.
• Broken bones in the legs, hips and arms.
• Internal bleeding and damage to vital organs.
• Severe cuts and lacerations that can result in permanent scarring.

Victims often have long recoveries and require extensive medical treatment, rehabilitation and in some cases long term care. The emotional impact of the accident can be huge and result in depression, anxiety and other mental health issues.

Recent Personal Injury Case

Looking at a big personal injury case gives us insight into the process and potential outcome for pedestrian accident victims.

Case: Miller v. Jackson City Transit Authority

Summary:

In this case Sarah Miller, a pedestrian, was hit by a city bus while crossing a marked crosswalk in Jackson, Mississippi. Despite the pedestrian signal being active the bus driver failed to yield and hit Miller causing serious injuries.

Miller had multiple fractures including a broken leg and several ribs that required surgery and months of rehabilitation. She was unable to go back to work for over a year.

Process:

The investigation showed the bus driver didn’t check for pedestrians before making the turn. The city transit authority was found liable for the accident because their driver failed to yield to a pedestrian in a crosswalk.

Result:

The case settled for $2.5 million which covered Miller’s medical bills, lost wages, pain and suffering and future medical needs. The City of Jackson also implemented safety measures for public transit including driver training programs and better crosswalk visibility.

Conclusion:

This case shows the importance of pedestrian right of way laws and the responsibility of public transportation systems to protect pedestrians. The big settlement also shows the value of having a lawyer for pedestrian accident victims.

Pedestrian Accident Lawyer

Case Evaluation and Investigation

Thorough Review

An attorney will review the pedestrian accident, police reports, medical records and witness statements. They may also gather surveillance footage or hire experts like accident reconstruction specialists to figure out what happened and who is at fault.

Expert Testimony

In some cases an attorney may work with expert witnesses like medical professionals or accident reconstruction specialists to testify about the extent of the victim’s injuries or what caused the accident. This can help the victim’s case by providing objective evidence to support their claim.

Negotiation and Litigation

Settlement

Most pedestrian accident claims are settled with the at-fault party’s insurance company. An attorney will work to get a fair settlement that covers the victim’s medical bills, lost wages, pain and suffering and other damages.

Trial

If a fair settlement can’t be reached the case will go to court where the attorney will present evidence and argue on behalf of the victim. An attorney will try to get a good verdict and get the most money possible.

Client Support

Ongoing Help

Throughout the process attorneys provide ongoing help and guidance so the victim understands their legal rights and can make informed decisions about their case. By being strong advocates and clear communicators attorneys make sure their clients are supported every step of the way.

Bottom Line

Pedestrian accidents in Jackson, Mississippi can cause serious injuries and complex legal issues. Knowing the law, looking at recent stats and looking at recent cases can help victims get justice and get the money they need to recover. Whether it’s negligence, comparative fault or dealing with insurance claims having the right lawyer matters.

For help with pedestrian accident claims call Keller Swan today.