If you or a loved one was hurt or killed in a pedestrian accident, you have the right to hold the negligent driver responsible for your losses. A pedestrian accident lawyer in Gulfport can help you take action.
We offer a free, no-risk consultation for victims in pedestrian accidents. We also work on a contingency fee basis, which means that we get paid only if we are successful with your case. You do not have to pay any out-of-pocket costs.
The Growing Number of Pedestrian Accidents
A report published by the Governors Highway Safety Association (GHSA) in February 2020 projected that 6,590 pedestrian fatalities occurred in 2019, the highest number since 1988. That marks a 5% increase from the GHA’s estimate for pedestrian fatalities in 2018.
Most modern cars are equipped with rear or side cameras to reduce blind spots. However, larger vehicles still pose danger to pedestrians. Even though smaller passenger cars are more often involved in pedestrian accidents, large SUV vehicles are twice as likely to cause fatal injuries.
For a free legal consultation with a Pedestrian Accident lawyer serving Gulfport, call 800-537-8185
Injuries that Can Occur in Pedestrian Accidents
Pedestrians who are hit by a car can incur a wide variety of injuries. The type and severity depend on the speed the vehicle was traveling at and where the pedestrian was hit. Some examples of common injuries include:
- Traumatic brain injuries (TBIs): These injuries can occur when a victim receives a blow to the head that disrupts normal brain function. These injuries can be life-altering if they are severe, impacting the victim’s cognitive functions and personality.
- Internal bleeding: Internal bleeding is usually a symptom of another injury, such as a head injury or damage to the internal organs. However, if the hemorrhaging is severe, it can rapidly become life-threatening, leading to external bleeding, seizures, coma, and even death.
- Spinal cord injuries: Damage to the spinal cord often results in a lack of mobility, as the spinal cord’s ability to transmit messages from the brain to other parts of the body is impaired. Though some people can live productive lives after a spinal cord injury, most require assistive devices like wheelchairs and walkers.
- Fractures: A fracture, otherwise known as a broken bone, is another common injury that occurs in a pedestrian accident. These injuries can vary in severity, although complications can arise if the bone breaks through the skin, potentially causing severe bleeding or infection.
- Road rash: Road rash is a friction burn that can occur if the victim scrapes themselves against the pavement in an accident. These injuries can range in severity—in serious cases, they may require skin grafting.
If you suffered any injuries because of a pedestrian accident, you may find it worthwhile to speak with a Gulfport pedestrian accident lawyer about your case. You may be able to recover your losses caused by a negligent driver.
Who Is at Fault in a Pedestrian Accident?
Pedestrian accidents usually involve two parties: the pedestrian who was hit by a motor vehicle and the driver. The liable party is usually the driver. Speeding, distracted driving, and rolling through stop signs can all contribute to the driver’s guilt.
However, as a pedestrian, you can still be at fault or partially at fault for the accident. Disobeying traffic lights, jaywalking, or lingering in the roadway may make it difficult for drivers to safely avoid pedestrians. Even as a pedestrian, you must make an effort to keep your eyes off your phone to observe roadway safety.
Both the driver and the pedestrian are owed a duty of care and violating this can cause property damage, bodily harm, or death. Either the driver or the pedestrian can be sued for negligence.
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Laws that May Impact Your Claim
There are two Mississippi state laws that you should be aware of when considering legal action following a pedestrian accident—the statute of limitations and the legal doctrine of pure comparative fault. These laws could affect your claim.
Mississippi Statute of Limitations
Every state has a statute of limitations, which places a limit on the amount of time that you have to pursue legal action against another party after any accident. Mississippi Code Ann. § 15-1-49 sets the statute of limitations at three years, meaning you must file your claim within three years of the date of your accident, or you could be barred from recovering any type of compensation.
Pure Comparative Fault
Additionally, it is important to know that Mississippi is a pure comparative fault state. Mississippi Code Ann. § 11-7-15 details how if you are partially responsible for causing the accident, your compensation will be reduced by the degree to which you are responsible. In other words, if you are 20% responsible, you can only recover 80% of the total compensation awarded.
In one way, this is great news, as you are not barred from recovering compensation if you are partially at fault. However, many lawyers will use this as a defense tactic to reduce the compensation that the defendant has to provide to you. They may even try to claim that you are more responsible for the accident than you really are.
A Gulfport pedestrian accident lawyer can help you in this situation, by gathering evidence and even using accident scene reconstruction experts to determine what happened in the moments leading up to an accident and who was responsible.
Recoverable Damages After a Pedestrian Accident
There are many types of damages that a plaintiff can recover after a pedestrian accident. While every case is different, here are some of the typical recoverable damages that a Gulfport pedestrian accident lawyer may be able to pursue on your behalf:
- Medical costs
- Pain and suffering
- Lost wages
- Future wages if your earning potential is lost or diminished
- Out-of-pocket expenses
- Disfigurement or dismemberment
- Property damage
You may also be entitled to compensation in a wrongful death claim if your loved one did not survive the accident. Some possible recoverable damages in that case include:
- Funeral and burial expenses
- Out-of-pocket costs related to the care of the deceased before death
- Wages and benefits previously provided by the deceased
- Pain and suffering
- Loss of consortium
- Loss of support and protection
Though rare, in some cases the court will also award punitive damages. These are meant to punish the defendant if their behavior was particularly egregious.
How a Gulfport Pedestrian Accident Lawyer Can Help
We understand how exhausting it can be to even think about taking legal action after you have been involved in a pedestrian accident—especially if you are still healing from your injuries. However, the sooner you act, the easier it will likely be to gather the evidence.
If necessary, a Gulfport pedestrian accident lawyer can consult with accident scene reconstruction experts to determine what caused the accident. They can also gather eyewitness statements, police reports, and other evidence to support your case.
Your attorney can also gather medical reports and statements from your doctors to calculate the value of your claim. All this information helps to determine what a fair and just settlement looks like when negotiating with the defendant’s lawyer.
Partner with Morris Bart, LTD
To speak with a member of our team right away, contact the Morris Bart law firm 24/7. All consultations are completely free and no obligation. If we are unable to negotiate a fair settlement, we will not hesitate to take your case to trial to pursue the compensation you deserve.
If you were injured due to a driver’s negligence, don’t hesitate to reach out to us. Let us put you on the path to a full financial recovery that can help you get medical treatment and cover your lost wages.
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