Pedestrians are extremely vulnerable to accidents involving negligent operators of motor vehicles. Unlike the occupants of cars, who have the protection of seatbelts, airbags, and other safety features, pedestrians are far more likely to sustain catastrophic injuries, even in a low-speed impact.
An Olive Branch pedestrian accident lawyer could help assess your situation and determine whether you have a valid personal injury claim arising from your accident. When a driver causes injuries to someone walking, they should be held liable for their actions and the expenses the injuries incurred. A personal injury attorney like David E. Gordon can be instrumental in seeking the justice and compensation you deserve.
Negligence in Pedestrian Accident Claims
Most pedestrian accident claims are based on the negligence of one or more drivers, referring to the careless disregard for the safety of others. All persons operating a vehicle on the road have a legal responsibility to obey traffic laws and drive safely to avoid injuring others, including other drivers, vehicle occupants, and pedestrians. When drivers speed, fail to stop at stoplights or stop signs, or otherwise fail to follow traffic laws, they could be found negligent if they caused an accident that resulted in injury to others.
Pure Comparative Negligence in Olive Branch
Pedestrians also have a legal duty to obey traffic laws. For instance, pedestrians should cross streets only within designated crosswalks and walk on sidewalks rather than along highways or bridges where foot traffic is prohibited. In some cases, pedestrians may be partially responsible for the accident that led to their injuries if they were not following proper walking laws.
Mississippi state law recognizes the legal concept of pure comparative negligence. This means that even pedestrians who are partially at fault for their injuries could still seek recovery from other negligent parties. As a pedestrian accident legal professional in Olive Branch may advise, the percentage of fault that injured pedestrians bear for their accidents will reduce the total amount of compensation that they can receive accordingly, but some recovery would still be possible.
Seeking Damages in Olive Branch for Hit while Walking Claims
Victims of pedestrian accidents can seek various forms of compensation in a personal injury claim. Compensatory damages can be in the form of economic or non-economic compensation.
Economic damages are easily quantifiable expenses that help offset the costs of the injuries that a pedestrian has sustained. One of the most common forms of compensatory damages is the recovery of medical expenses that arise from the treatment of the injuries. However, these damages can also include money for lost wages or income due to an inability to work, whether for a temporary period or indefinitely.
Non-economic damages, on the other hand, are not so easily quantifiable in dollars and cents. Pain and suffering and emotional trauma are typical responses to devastating pedestrian collisions that can linger long after physical injuries have healed. State law caps available non-economic damages in a personal injury claim at one million dollars. A pedestrian accident legal advisor in Olive Branch can help determine which damages are appropriate to a plaintiff’s claim and work to recover the full range of awards for their losses.
Statutes of Limitation and Pedestrian Accident Cases
All state laws establish deadlines, or statutes of limitations, that govern how long individuals have to file a specific type of lawsuit. These deadlines vary by state and by the kind of lawsuit involved. Under Miss. Code § 15-1-49, injury victims generally have three years from the date of their accident in which to file a claim.
While there are a few exceptions to the general statute of limitations to personal injury claims, injury victims should be aware of this deadline. Otherwise, they risk being barred from holding negligent drivers accountable for their actions. They could experience significant medical expenses, an inability to work, and permanent impairment with no remaining avenue for compensation.
Consult an Olive Branch Pedestrian Accident Attorney for Advice
Pedestrian incidents can be terrifying and result in devastating injuries to those involved. The sheer impact of a vehicle, even traveling at a low speed, can cause permanent disabilities to pedestrians that they may never truly recover from. An Olive Branch pedestrian accident lawyer could assist you if you have suffered injuries from being hit by a car while walking.
Working with David E. Gordon can help you get the compensation you need to assist you in your recovery. Instead of being preoccupied with concerns about medical bills and your losses, David could help you focus on moving forward with your life following your accident. Call today to schedule a free consultation.