Pedestrian accidents can be devastating, both physically and emotionally. Unfortunately, they are not uncommon in Jackson, Mississippi. These injuries can lead to overwhelming medical bills, lost income, emotional distress, and long-term disability. If you’ve been injured in a pedestrian accident in Jackson, you deserve justice and accountability.
At Pittman, Roberts & Welsh, PLLC, we are committed to helping you fight for the compensation you rightfully deserve. If you or a loved one has suffered injuries, consult a Jackson pedestrian accident lawyer today. The sooner we build a strong claim on your behalf, the better your chances of obtaining the compensation you need.
What Is a Pedestrian Accident?
If you are out walking or running and are struck by a vehicle, that is considered a pedestrian accident. Cars, trucks, bicycles, motorcycles, and even buses can be involved in these incidents. In almost all cases, these accidents have an element of negligence. When someone is operating a vehicle on the road, they have a duty of care to prevent injuries to others. If they fail to do so, then it could lead to a civil lawsuit.
Unfortunately, many of these accidents can lead to severe injuries or even death. According to the Governors Highway Safety Administration, pedestrian deaths as the result of motor vehicle accidents are increasing more than other types of traffic fatalities. In 2022, there were 7,508 pedestrians were killed in traffic crashes, which was the biggest increase in almost four decades,
What Are Some Common Injuries Pedestrians Suffer?
Sometimes, these accidents can lead to minor injuries, while others may even result in fatalities. The most common injuries in these pedestrian incidents include:
- Bruises, cuts, and scrapes
- Broken bones, fractures, or sprains
- Internal organ injuries
- Brain injuries, including traumatic brain injuries
- Spinal cord injuries
- Dental and eye injuries
- Amputations or loss of limbs
- Fatalities
If you or a loved one have been affected by these incidents, it may be time to contact a pedestrian accident attorney in Jackson, MS. At Pittman, Roberts & Welsh, PLLC, we have helped accident victims recover damages from those responsible for these injuries.
What Are the Causes of These Accidents?
Various factors contribute to these accidents. Often, they can be directly linked to the action of a driver or another entity, like a city government. Some of these causes of pedestrian accidents include:
- Drivers who fail to give pedestrians the right of way at crosswalks, intersections, or other designated areas can result in collisions.
- Excessive speed or reckless behavior by drivers increases the risk of hitting pedestrians.
- Drunk or impaired driving poses a significant danger to pedestrians.
- Using phones, adjusting the radio, or engaging in other distractions while driving diverts attention from the road.
- Running red lights or stop signs endangers pedestrians who are legally crossing the road.
- Drivers who fail to use headlights may not see pedestrians, leading to tragic accidents.
- Drivers must check for pedestrians when reversing. Failure to do so can lead to tragic accidents.
Also, poorly maintained roads, lack of proper signage, or hazardous surfaces can contribute to accidents. Even mechanical issues with the vehicle, such as malfunctioning brakes or faulty steering, may be a factor in these incidents.
Unfortunately, there are even times when several factors come into play with these accidents. If you have been hurt, you can hold the responsible party accountable for their actions. By working with an attorney, you can determine who is liable for these incidents. Pittman, Roberts & Welsh, PLLC’s legal team, can help you navigate these challenging personal injury claims. So, if you’re looking for assistance in navigating the legal process, contact our firm for a free case review now.
Determining Fault When Motorists Strike Walkers
When an accident occurs, your legal team must determine who is responsible and who should be liable. If someone’s negligence caused the accident, they may be held accountable for the harm caused. However, to establish a successful negligence claim, you must prove all four essential elements: duty of care, breach of duty, damages, and causation.
- Duty of care is the legal obligation to act with reasonable care to avoid harming others. For example, drivers have a duty to obey traffic laws, drive safely, and yield to pedestrians.
- Breach of duty means that the defendant failed to uphold their duty of care by speeding, running a red light, or failing to yield to a pedestrian.
- Damages involve an injury or loss due to the defendant’s actions
- Causation established a direct link between your injuries and losses and the defendant’s breach of duty.
If all four elements are established, you may qualify to recover both economic and non-economic damages. Economic damages may include:
- Past and future medical bills
- Lost wages
- Reduced future earning capacity
- Costs related to scarring or permanent disfigurement
Non-economic damages represent losses such as pain and suffering, emotional distress, and lowered quality of life.
If you have lost a loved one in a pedestrian accident, you may seek justice and compensation through a wrongful death lawsuit. While money cannot compensate for the loss of a loved one, recovering damages can help ease the financial burden associated with the accident.
If you want to make sure you receive the compensation you’re entitled to, contact an experienced Jackson pedestrian injury claim lawyer to review your case. At Pittman, Roberts & Welsh, PLLC, we offer a free consultation where we can provide insights into the potential value of your case.
Are Drivers Always At Fault?
All drivers must exercise reasonable care when opening their vehicles, including watching out for pedestrians. Whether due to inattentiveness or reckless behavior, these parties can be held liable for any injuries, damages, and other losses.
However, pedestrians must also abide by a few laws. They must follow traffic signs or walk in a crosswalk. Failing to do so could result in shared fault for the accident. Under Mississippi law, damages may be reduced if the victim contributed to the accident. Compensation is adjusted based on the victim’s percentage of fault.
But let’s not forget that drivers and pedestrians are not the only parties who may be held liable in these accidents. Some accountable parties may include:
- Car manufacturer: If a defect in the vehicle directly contributes to the accident, such as brake failure, the car manufacturer could be held responsible.
- Government entities: If road conditions contribute to the problem, the government agency responsible for maintaining the roads could be held accountable.
- Owner of the vehicle: Employers of commercial motor vehicle drivers could also be held responsible if their employee caused the accident.
If these parties were negligent in any way, then they may be named in a lawsuit. Consulting with a Jackson pedestrian accident lawyer can help you analyze the evidence and determine the responsible parties for the incident. Reach out to schedule your complimentary consultation with our legal team.
Why You Need a Pedestrian Accident Attorney in Jackson To Represent You
If you have been involved in a pedestrian accident, you may be entitled to receive legal compensation from the party responsible for the accident. Typically, this compensation comes from the at-fault party’s insurance provider. However, insurers often prioritize cost savings over providing fair compensation for accident victims.
In these cases, you want to have a skilled pedestrian accident attorney by your side. As your legal representative, we prioritize your best interests. At Pittman, Roberts & Welsh, PLLC, we understand that every case is unique. A pedestrian accident attorney will listen to your story and address your needs and concerns.
We will work diligently to investigate the accident, gather evidence, and build a solid case to pursue the compensation you deserve from the person responsible for your injuries.
With our skilled attorneys by your side, you can rest assured that we will fight to help you get back on track after a pedestrian accident.
What Steps To Take After You’re Struck
Pedestrian accidents can be extremely traumatic experiences, and the aftermath can be both confusing and overwhelming. If you or someone you know has been involved in a pedestrian accident in Jackson, MS, you must take steps to protect your well-being and legal rights.
- First, stay calm and assess the situation. Take a deep breath and check yourself for injuries. If you’re able to move, try to get to a safe location away from traffic and other hazards. Your safety is the top priority.
- Once you’re in a safe place, call 911 immediately to get assistance from emergency responders and seek medical attention. Even if your injuries seem minor, always get evaluated by medical professionals as soon as possible. With that, you can receive the proper treatment and get important records for your claim. Once you’ve received medical attention, make sure to follow your doctor’s treatment plan during your recovery and attend all scheduled appointments. Medical documentation is essential for your claim, so keep records of treatments, prescriptions, and medical bills.
- While waiting for medical help to arrive, use your phone or camera to take pictures of the accident scene. You will want to capture details like vehicle positions, road conditions, and any visible injuries. This evidence can be extremely valuable when it comes to filing an insurance claim or pursuing legal action. Additionally, exchange contact information with any witnesses who saw the accident.
- As always, you will want to consult with a Jackson pedestrian accident lawyer. They can help you through the process, explain your rights, and help you pursue fair compensation.
Finally, be aware of the statute of limitations in Mississippi. Generally, you have three years from the date of the accident to file a claim seeking compensation. However, if the at-fault driver was a governmental employee and on the clock, the deadline is one year. Missing this deadline could result in your case being dismissed in court, so take action promptly.
Get the Help You Need for Your Pedestrian Accident Case
At Pittman, Roberts & Welsh, PLLC, we are committed to clients. Once we take on your claim, you will work diligently to establish the facts of the car, define liability, and hold those liable for their actions. Through our aggressive negotiations and trial advocacy, we will fight for your rights and compensation every step of the way.
When you need a Jackson pedestrian accident lawyer, contact our office to schedule a free initial consultation today.
