A pedestrian accident can be life-altering for victims. Pedestrians are generally vulnerable to severe or fatal injuries, even if it’s a slow-speed accident. Furthermore, the aftermath is usually associated with traumatic memories that haunt the survivor for ages.
It feels even worse to know that someone else was negligent and caused the accident. Fortunately, you can hold the responsible motorist accountable for the damages resulting from the crash so that they compensate you adequately. Don’t hesitate to speak with a reputable pedestrian accident attorney from Morris Bart’s law firm.
Who Has the Right-of-Way in a Pedestrian Accident in Mississippi?
Generally, the road user on foot has the right of way, but this isn’t absolute. Sometimes pedestrians ignore warning signs and traffic lights, jeopardizing their safety by making it impossible for a motorist to avoid hitting them.
Such pedestrians’ actions are the exception, not the rule. Drivers must be extra cautious when approaching pedestrian crossings and heed specific safety rules whenever passengers are nearby. Moreover, they’re not allowed to pass another car that has allowed pedestrians to pass.
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How Duty of Care Works
Motorists must exercise reasonable care under specific circumstances. Factors that may contribute to negligence include:
- Being inattentive
- Not yielding the right of way where necessary or observing speed limits
- Disregard for traffic signs or signals
- Failing to signal a turn
- Disregard for unusual traffic or weather conditions
- Driving while intoxicated
Furthermore, motorists owe a duty of care to young kids between five and ten years. Their mere presence should warn them to be hyper-vigilant and exhibit particular care.
Personal injury claims in Mississippi are negligence-based. To establish the driver’s negligence, you must prove that they owed a legal duty of care under the specific surroundings, but breached this duty by being reckless or negligent or failing to act.
You must also prove that the motorist’s actions caused the incident that injured you, and that you suffered harm. After analyzing all the facts, it may turn out that several parties are legally liable for the accident and the damages caused. This is possible if the accident occurred in a poorly maintained parking lot, roadway, or sidewalk.
Legal Remedies Available to You in a Pedestrian Accident Case
If someone else’s negligence caused the pedestrian accident, the company or individual who is legally responsible must compensate you. This reimbursement is known as “damages,” The parties to a negotiation will agree or the court will assign an amount.
Damages are classified as compensatory or punitive.
These reimbursements are meant to compensate for any losses resulting from the injury. They’re further classified into two groups: special and general compensatory damages.
Also known as economic damages, special damages are supposed to cover any monetary losses linked to the harm you suffered. Examples include:
- Past and future medical costs, including ER treatment, surgery, hospital bills, therapy, and medication
- Lost income
- Additional expenses to adjust to your new condition
- Funeral costs for fatal injuries
General compensatory damages are also called non-economic losses. They compensate pedestrian accident victims for their non-monetary harms resulting from the injury. They’re relatively harder to prove, but it’s easier if you keep good records. Common examples include:
- The injury
- Pain and suffering
- Emotional distress
- Loss of consortium (for surviving family members)
- Scarring and disability
The judge or jury may award these damages to punish the driver responsible for the accident for reckless, malicious, or intentional conduct and deter such behavior in the future.
Comparative Negligence Rules in Mississippi
Mississippi follows the pure comparative negligence rule, which requires the court to reduce your damages award by your percentage of fault if you’re partially at fault.
Let’s assume that the judge or jury awards $50,000 in damages and determines that you’re 40% at fault. In this case, the pure comparative rule will dictate that you get the 60% of the damages award, so you’ll recover $30,000.
The Challenges of Seeking Compensation After a Pedestrian Accident
Mississippi’s pedestrian accident laws are pretty straightforward, and you should have an easy time when seeking compensation for an accident caused by another person. However, this isn’t always the case, as the journey is filled with numerous hurdles. At the same time, you must file your claim within the deadlines defined by the law.
The period after an accident can be filled with lots of physical and emotional pain. This isn’t the right time to struggle to file an injury claim to seek compensation. Even when all facts are clear, the motorist responsible for the accident will likely deny fault.
They may even blame you partly to reduce the possible damages. Furthermore, the involved insurers won’t be willing to submit what you truly deserve and will use different antics to delay or deny you justice. With all these hurdles on your way, it’ll not be an easy process, and that’s where experienced pedestrian accident attorneys come in.
Deadline for Mississippi Personal Injury Lawsuits
Every second after a passenger accident is crucial. Besides the need for immediate physician attention, you must also file your pedestrian accident claim within the timelines set by the law.
Like other U.S. states, Mississippi follows a special rule known as the statute of limitations, which sets a three-year deadline to file a lawsuit seeking a remedy for your injury.
If you exceed this duration, the insurance company may use this to deny you what’s rightfully yours. Even if you opt for trial, the court will almost surely decline to hear your case. In both situations, you’ll miss the opportunity to seek compensation.
An Experienced Mississippi Pedestrian Accident Attorney Is Ready to Help
While most trucks and vehicles are equipped with top-shelf safety features, most drivers are negligent and reckless behind the wheels and end up harming pedestrians. It’s sensible to seek legal remedies in such situations, but the process comes with its unique challenges.
Fortunately, you can overcome the hurdles and get justice if you rely on experienced pedestrian accident attorneys from Morris Bart’s law firm. These experts will evaluate your case without charging you a dime. Moreover, you’ll only pay attorneys fees if you receive compensation, so call us today.
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