Pedestrians have no protection against injury when they are walking on the sidewalk or near a street, so they must trust others to act in a manner that does not cause an accident. However, many of these accidents continue to happen. If you have been injured while walking or jogging, a Southaven pedestrian accident lawyer can help you file a claim against the responsible party.
A Board-certified personal injury attorney like David E. Gordon can help you hold the defendant responsible and recover compensation for the various forms of harm that you suffered.
Causes of Pedestrian Accidents
Pedestrian accidents include those caused by cars and other motor vehicles, as well as accidents that occur on a defective premises. Regardless of the cause, the client could benefit from contacting a Southaven walking accident lawyer.
Pedestrian Accidents Caused by a Car
Drivers have a duty to drive in a way that does not cause accidents to those on and near the roadway. If a driver breaches this duty when they unreasonably operate the car, they are responsible for any harm that comes to others. To determine whether a defendant drove reasonably, their actions are judged against what the average reasonable person would have done. If the average person would have acted differently or exercised more care in the defendant’s circumstances, the defendant likely acted negligently.
Premises Liability Cases
Pedestrians who are injured while walking on a sidewalk could bring their claim under premises liability law. The owner of the land must keep their property free from dangerous conditions; and to be liable for injuries, the landowner must have had notice of the dangerous condition. Once the defendant has notice, they must remedy the condition in a reasonable amount of time. A landowner is responsible for a pedestrian’s injuries arising from conditions such as uneven sidewalks, exposed tree roots, debris outside of a business, and slippery surfaces due to ice and snow.
Potential Defendants in a Pedestrian Accident
When a car causes the accident, the pedestrian might be able to sue the car driver. However, when a dangerous property condition causes the injury, they may sue several parties. To determine whom to sue for a pedestrian accident, meet with a local pedestrian accident attorney.
The pedestrian should start with the property owner, as they are responsible for keeping their property safe. However, that person may have hired a manager to oversee the upkeep or a contractor to perform maintenance. If a manager or contractor’s negligence led to a dangerous condition, the client could also hold them responsible.
No matter who was at fault for causing this accident, there is a time limit to bring the lawsuit. Under Mississippi Code Annotated § 15-1-49, the plaintiff must bring their lawsuit for personal injuries within three years of the accident. David can keep track of this timeline so that the client is not barred from recovery.
Secure Compensation with a Southaven Pedestrian Accident Attorney
You are entitled to recover compensation due to injuries caused by a negligent person’s actions. Do not lose out on this money because you failed to file a claim in time or because you could not identify the relevant parties. The Law Office of David E. Gordon is here to provide quality legal support.
An experienced Southaven pedestrian accident lawyer can increase the chance of your lawsuit succeeding. Schedule a free consultation today to start the process towards removing the economic burden you are faced with.
