Mississippi law has specific provisions regarding pedestrians, which are generally outlined under Title 63, Chapter 3 of the Mississippi Code:
- Right of way at crosswalks: Drivers are required to yield the right of way to pedestrians crossing the roadway within a marked or unmarked crosswalk at an intersection.
- Pedestrians’ right of way at non-crosswalk locations: Pedestrians must yield the right of way to vehicles when crossing the road outside of a marked or unmarked crosswalk, or when crossing at a location without a traffic control signal.
- Pedestrians on roadways: Pedestrians should use sidewalks when available. If a sidewalk is not available, they should walk on the left side of the roadway or its shoulder, facing oncoming traffic.
- Drivers to exercise caution: Drivers must exercise due care to avoid collisions with pedestrians and provide an audible warning when necessary. Drivers are also required to carry liability insurance, which may provide coverage for damages in pedestrian accidents. If the driver is uninsured or underinsured, you may be able to seek compensation from your own insurance policy.
Pure Comparative Negligence Rule in Mississippi
Mississippi follows a “pure comparative negligence” rule, which means if you are partially at fault for the accident, your compensation will be reduced proportionately. Comparative negligence is a legal principle that determines how damages are awarded in personal injury cases where both the plaintiff (the injured person) and the defendant (the party accused of causing the injury) are partially at fault for the accident.
So, if you’re found to be partially at fault for an accident (for instance, by jaywalking or not paying attention to traffic signals) your compensation will be reduced in proportion to your degree of fault.
For example, if you’re awarded $10,000 in damages for an accident but are found to be 20% at fault for the accident, your compensation will be reduced by 20%, or $2,000, leaving you with $8,000 in total compensation.
Statute of Limitations for Pedestrian Accident Claims in Mississippi
As a pedestrian, when you are injured in an accident in Gulfport, you have three years from the day it happened to take legal action, i.e., you must file a claim within that time frame, or you lose the chance to seek compensation.
If a pedestrian dies because of an accident, their family also has three years, but it starts from the day the person passed away. In this case, the family can file a wrongful death claim to seek justice and compensation. It’s critical to act within these time limits, or the opportunity to pursue the case may be lost.
Mississippi Law on Pedestrian Accident Wrongful Death Claims
According to Mississippi law (Miss. Code Ann. § 11-7-13), a wrongful death claim can be filed by the following individuals in the order of priority:
- The deceased person’s spouse, children, or both.
- If there is no spouse or children, the claim can be filed by the deceased’s parents.
- If there are no living parents, siblings of the deceased can file the claim.
The damages you can recover in a wrongful death claim may include medical expenses related to the injury, burial and funeral expenses, lost wages and future earnings, loss of companionship, and pain and suffering experienced by the deceased before their death.
Pedestrian Accident Damages in Gulfport, MS
If you sustained injuries due to being involved in an accident when walking on the road, you may be entitled to recover the following types of damages depending on the specifics of your case:
- Past and future medical costs associated with the accident, such as hospital bills, doctor visits, physical therapy, prescription medications, and medical equipment.
- Compensation for lost wages (if you’re unable to work due to your injuries).
- Property damage (damaged clothing or personal belongings).
- Pain and suffering (physical pain and emotional distress you’ve endured due to your injuries).
- Emotional distress (anxiety, depression, or other psychological effects as a result of the accident).
- Loss of consortium (if your injuries have adversely affected your relationship with your spouse).
In cases where the at-fault party’s conduct was particularly egregious or reckless, the court may award your punitive damages as well. These damages are intended to punish the wrongdoer and deter similar behavior in the future.
Types of Pedestrian Accidents Cases We Handle
These are actually several scenarios in which a pedestrian can get injured and pursue a claim against the responsible party.
- Vehicle collisions: When you are struck by a car, truck, motorcycle, or other motor vehicles, you may sustain injuries and have the right to seek compensation from the at-fault driver.
- Bicycle accidents: You can also be injured in accidents involving bicycles, in which case you may pursue a claim against the at-fault cyclist.
- Public transportation accidents: You may be injured in accidents involving buses, trains, or other public transportation vehicles. In such cases, you may be able to seek compensation from the transportation company or operator.
- Parking lot accidents: You can be injured in a parking lot due to drivers failing to yield or observe proper precautions while maneuvering in tight spaces.
- Hit-and-run accidents: People who get injured in a hit-and-run accident, may be able to seek compensation through their own insurance policy’s uninsured/underinsured motorist coverage or other available sources.
Dangerous Intersections in Gulfport, MS
Reports show that the majority of traffic accidents in Gulfport occur on the following roads, so make sure to exercise caution when you are passing through these and always follow traffic laws to prevent accidents:
- Highway 49 and Dedeaux Road
- Pass Road and Courthouse Road
- Highway 49 and O’Neal Road
- Highway 49 and Creosote Road
- Three Rivers Road and Dedeaux Road
- Highway 49 and Landon Road
- Highway 49 and Crossroads Parkway
- Highway 49 and Community Road
- Three Rivers Road and Creosote Road
- Highway 90 and Cowan Road
Top Medical Centers in Gulfport for Pedestrian Accident Injuries
There are a number of top hospitals in Gulfport where you can get quality medical care:
- Memorial Hospital at Gulfport
- Garden Park Medical Center
- Select Specialty Hospital
- Merit Health Biloxi
- Singing River Hospital
Our Experienced Gulfport Pedestrian Accident Lawyers are Determined to Protect Your Rights
At Boyce Holleman & Associates, our Gulfport, MS pedestrian accident attorneys will stand by your side, offering support and guidance through every step of the legal process, ensuring your voice is heard and your rights are protected. We will fight tirelessly to secure the largest possible compensation you deserve so you can focus on healing and rebuilding your life.
By choosing us, you will benefit from:
- A team that genuinely cares about you and your family.
- Local knowledge and connections, ensuring a tailored approach to your case.
- Decades of combined experience handling pedestrian accident cases.
- A history of obtaining successful outcomes for clients in Gulfport, MS.
Don’t face the aftermath of a pedestrian accident alone. Call us at 228-863-3142 or contact us online to schedule your free consultation.