We often think of a car accident occurring between two passenger vehicles, but that’s not necessarily the case. When a collision happens between a car and a pedestrian, the pedestrian is at the greatest risk of requiring medical attention and potentially even losing their life. Many times, these accidents can be prevented. Looking at the common causes of pedestrian accidents, it’s obvious that driver error plays a major part.
If you or a loved one has sustained serious injuries from a pedestrian crash, do not hesitate to reach out to our Jackson pedestrian accident lawyer for information on how you can seek compensation and justice. You can schedule a free consultation at any time.
How Do Most Jackson, MS Pedestrian Accidents Happen?
The idea of a pedestrian being hit by a driver is an undoubtedly horrifying one. But how exactly do they happen? Research shows that many car accidents involving pedestrians occur because of the following:
Failure to Yield
Failure to yield occurs when a driver or drivers fail to give pedestrians the right of way at a crosswalk or intersection. This can often happen when drivers are making left turns.
For instance, a driver making a right at a red light may look to their left to see if any traffic is coming but may not yield to a pedestrian crossing to their right. Pedestrian crashes that involve failure to yield are especially common at crosswalks that don’t include a light or stop sign.
Driving Under the Influence
Unfortunately, many accidents in Mississippi occur because of intoxication while operating a vehicle. When a driver is under the influence of drugs or alcohol, their reaction time is slowed. If a driver under the influence sees a pedestrian on the road, they may mentally and physically not be able to react quickly enough to prevent a car accident.
A drunk driver may veer into oncoming traffic or engage in risky driving behavior they would not otherwise engage in. A pedestrian hit by a drunk driver may very likely sustain catastrophic injuries.
Distracted Driving
Distracted driving is any behavior that takes a driver’s eyes off the road, hands off the wheel, and minds off the act of driving. Many drivers text while driving, which is one of the most common forms of distraction and is extremely dangerous. Distractions can also include eating, talking to a passenger, daydreaming, interacting with the radio or music system in the car, and more. When drivers are distracted, they have a much higher likelihood of getting into an accident.
Drivers Ignoring Traffic Rules and Signage
All traffic rules and signage exist to keep drivers and pedestrians safe. However, not all drivers follow and respect these rules, and a car accident may very well occur when they don’t. Some signage, in particular, may alert drivers to a pedestrian crossing or ask drivers to yield so pedestrians can cross. Ignoring these signs and warnings can easily result in a pedestrian accident.
Can I File a Personal Injury Lawsuit Following a Pedestrian Crash in Jackson, MS?
Generally, accident victims have the right to file a personal injury claim if their injuries result from someone else’s negligence. The specific nature of the injuries is not necessarily important; what matters is that someone’s negligent or reckless behavior caused those injuries.
Generally, to open a personal injury case involving a car accident or otherwise, the claimant must be able to show the following:
- There was a duty of care. In the case of a car accident, all drivers owe one another a duty of care, i.e., driving safely and reasonably that does not pose the threat of harm to anyone.
- That duty of care was breached. Breaching this duty of care could mean many things: driving drunk, recklessly, or distracted. The victim’s lawyer will establish the specific events of the case here, including what kind of negligence occurred and how that breached the duty of care.
- That breach resulted in injuries. The claimant must prove that the breach above of duty of care directly caused the car accident and any ensuing injuries.
- Those injuries resulted in damages. Lastly, the claimant must show that their injuries in the car accident resulted in damages. In this case, damages include medical bills and expenses, property damage, lost wages, and more. The claimant’s attorney will gather evidence, such as medical records, that shows the damages the claimant accrued.
What Are Mississippi’s Crosswalk Laws?
According to Mississippi law, if a pedestrian crosses the road, the vehicle’s driver must stop and let the person cross safely. However, it’s important to note that the pedestrian needs to know the traffic regulations to safely cross the road. According to Mississippi Code §63-3-1105:
- Every pedestrian crossing the roadway at any point other than within a marked or unmarked crosswalk at an intersection should yield the right of way to all vehicles on the highway.
- Any pedestrian crossing the roadway at a pedestrian tunnel or overhead crossing shall yield the right of way to all vehicles on the roadway.
- If there are adjacent intersections where traffic signals are in operation, the pedestrian cannot cross anywhere except in the marked crosswalk
What Compensation is Available for Injured Pedestrians in Jackson?
The compensation victims can secure from a car accident depends greatly on its nature. Generally, the more severe the injuries and the overall impact of the accident, the more compensation a victim may secure.
For instance, a victim may be in a car accident in which they sustain minor injuries and can return to work within a week. Conversely, a victim may be in a car accident in which they sustain incredibly serious injuries, resulting in overwhelming medical bills. Because of this, they have to take several months off of work, therefore losing income. Depending on their profession, they may not return to the same job and face a lowered earning capacity. This victim would likely be eligible to receive greater compensation based purely on the fact that they incurred more losses from the accident.
Let a Jackson, MS Pedestrian Accident Attorney Help
If you or a loved one has been injured in a pedestrian accident, you deserve support and advocacy. Working with an experienced attorney means that you can focus on rest and recovery while we do the legal heavy lifting and ensure that the responsible parties are held accountable.
Contact a Jackson pedestrian accident lawyer at Giddens Law Firm today to schedule a free consultation and learn how we can protect your interests.
