Biloxi Pedestrian Accident Lawyer
While car accidents between two vehicles can result in serious injuries, the results are often particularly devastating when a pedestrian is struck by a car. The damages from a pedestrian accident may have a far-reaching impact on an injured person’s financial, personal, and professional livelihood.
If you or a loved one were hit by a car due to a driver’s careless or reckless behavior, consider reaching out to a Biloxi pedestrian accident lawyer to discuss seeking compensation. A compassionate and dedicated personal injury lawyer could help to guide you through each step of the legal process, from gathering evidence to filing a claim and negotiating with insurance companies.
What are the Obligations of Biloxi Drivers?
All drivers assume a legal duty of care toward all other motorists, passengers, and pedestrians around them on public roadways. This duty requires them to operate their vehicles in a responsible manner and follow the safety rules of the road that are designed to protect us all.
If a driver fails to uphold this duty and breaks the safety rules, and a pedestrian is injured as a result of their neglect, that pedestrian has legal rights to seek compensation by filing a civil claim. A pedestrian accident lawyer in Biloxi could help a person injured under such circumstances understand the obligations of an at-fault driver and how they may request recovery for their damages.
Establishing Liability for a Pedestrian Injury
Not every collision between a driver and a pedestrian is automatically considered to be the driver’s fault. The plaintiff in any injury case must first be able to prove that the at-fault driver failed in their legal duty of care, as described above.
Sometimes, for example, an injured plaintiff could point to how a defendant violated a safety rule of the road. If a police report indicates speeding, a failure to stop at a red light, or a failure to yield to a pedestrian in a crosswalk, this may be powerful evidence that a driver was negligent and struck a pedestrian as a result of violating the safety rules that are designed to protect us all from injury and harm.
Determining this negligence may prove difficult, however, especially if a claimant is recovering from the trauma of a motor vehicle accident and is underrepresented. A meticulous and detail-oriented Biloxi attorney could help a plaintiff gather the evidence needed to demonstrate a defendant’s fault for a pedestrian crash.
What Type of Injuries Do People Hit by a Car Suffer?
Pedestrians who are struck by a vehicle may endure life-altering injuries. People have no protection from the thousands of pounds of force that may be present in a collision. As a result, pedestrians can require extensive medical treatment, or even suffer fatal injuries.
Even a simple fall to the ground has the potential to cause serious cuts, harsh bruising, and concussions. More serious impacts can break bones, separate joints, and cause traumatic brain injuries or death. A Biloxi attorney could help demand full payments for a pedestrian’s losses, or appropriate compensation for family members in the event of a wrongful death.
Seeking Fair Compensation After a Collision
While the physical injuries suffered in a crash are significant, they form only a portion of the available compensation after a pedestrian accident. The purpose of the case is to collect all payments needed to make the pedestrian, or his family, whole. As a result, it is necessary to examine how the collision has affected every part of a claimant’s life.
A comprehensive claim will determine the emotional impacts of the collision. Compensation could cover pain, suffering, lost enjoyment of life, and an inability to spend time with a spouse or children. In addition, a Biloxi attorney could help to measure the economic losses of the pedestrian crash. This includes medical bills, lost wages, and any other out-of-pocket expenses related to the accident.
How Does Comparative Negligence Impact Pedestrian Cases?
Even if it is clear that a driver involved in a collision with a pedestrian is at-fault, under Mississippi Code Annotated §11-7-15, courts must evaluate the actions of all parties to an accident and assign blame accordingly. As a result, a defendant driver may claim that a pedestrian was not using a crosswalk, moved out from between parked cars, or was not wearing reflective clothing at night.
If a Jury believes these claims, it may allocate fault against the pedestrian, in which case the Court will reduce a claimant’s award by the percentage of fault the jury assigns to them. For example, if a Jury believes a plaintiff was 33 percent to blame for the collision, the Court will award compensation in the amount of 67 percent of the amount of damages chosen by the Jury. A Biloxi pedestrian collision attorney could help build claims that show a defendant driver was the only party responsible for a crash.
Potential Difficulties for Filing a Pedestrian Injury Claim
Usually, a defendant and their insurance company will try to lessen their liability in a claim. A common tactic to try to mitigate fault for a pedestrian accident is to shift the blame of the incident onto the pedestrian. Insurance companies may, for example, ask questions concerning the time of day during which the incident occurred, the weather, or even a plaintiff’s choice of clothing in an attempt to lessen their policyholder’s responsibility for the injuries caused by the incident.
Furthermore, a law known as the statute of limitations determines when a court will hear a case alleging an injury and requesting compensation for the damages caused. According to Mississippi Code Annotated §15-1-49, an injured claimant in Biloxi has three years from the date of sustaining injury in which he or she may take legal action. While exceptions may exist (there is a deadline of only one year to bring a claim against a governmental entity or its employee), an injured person seeking compensation must file a claim that satisfies the applicable statute to avoid dismissal.
How a Biloxi Pedestrian Accident Attorney Might Help
All drivers have a legal obligation to follow the safety rules that are designed to protect pedestrians and other drivers while behind the wheel. Therefore, any reckless, careless, or negligent behavior that leads to someone else’s injuries may mean the at-fault driver (or usually his insurance company) is liable to provide compensation. However, navigating the legal system and negotiations with insurance companies may prove difficult without legal representation.
If you or a loved one were struck by a vehicle due to a driver’s reckless behavior, you might benefit from the counsel of a Biloxi pedestrian accident lawyer. A well-versed attorney could help; and take the lead in collecting evidence, applying the facts of your case to a relevant legal framework, and demanding appropriate compensation for your damages and losses.
A successful claim may help to cover payments for medical bills, lost wages, physical pain and suffering, and mental anguish. Because the statute of limitations places a time frame on taking legal action, contact Van Cleave Law to speak with a legal professional today to start working on your claim. Consultations are always free.