When pedestrians are hit by vehicles, they often experience severe injuries that can cause damage and suffering to a victim long after an accident.
For help recovering compensation for the injuries you sustained in a pedestrian accident, you should speak with our skilled Gulfport pedestrian accident lawyers. Pedestrian accidents are more common than people think, and determining who is liable can be complicated. However, we can help identify the responsible driver, file your insurance claim and a lawsuit, and calculate an accurate value of your damages. Even if you contributed to causing the accident, you can still recover compensation for your injuries.
If a negligent driver injured you in a pedestrian accident, our Gulfport pedestrian accident lawyers can help you determine the right legal strategies to recover the compensation you deserve. For a free case review, call Howe Law today at (844) 876-4357.
Common Causes of Pedestrian Accidents in Gulfport, MS
Pedestrians can be injured in many different ways by negligent drivers in Gulfport. Considering the common usage of smartphones today, distracted driving has become a leading cause of pedestrian accidents. If a driver is texting, using the GPS, or talking, they can easily fail to notice or stop for a pedestrian nearby. Accidents like these typically occur at crosswalks and parking lots, where pedestrians are forced to trust the drivers around them.
Speeding can also result in devastating pedestrian accidents. Speeding will reduce the reaction time a driver has if a pedestrian is crossing and might not be able to avoid the accident in time. A driver might also take a turn too fast or tight, which can injure a pedestrian standing on the corner.
Cars are also not the only types of vehicle that a pedestrian can be injured by. Negligent motorcyclists and bicyclists can also strike pedestrians. Many bike lanes run parallel to pedestrian sidewalks and walkways, and accidents can occur if a cyclist is careless near pedestrians. Some cyclists will use the sidewalk even though bike lanes are available, increasing the chances of a pedestrian accident.
Pedestrians might also sustain injuries while walking by a construction site. Falling objects can cause serious injuries to pedestrians walking by if no overhead protection is provided and warning signs are not placed where they need to be. Regardless of how your accident occurred, our Gulfport pedestrian accident lawyers can help you recover compensation from the person responsible.
Who to Sue for a Pedestrian Accident in Gulfport, MS
Determining who to sue will depend on the circumstances of your case. Ideally, the driver that hits you will stop and provide help, including exchanging their license and insurance information. These are the most straightforward situations. A lawsuit can usually be filed against a negligent driver with just that information. If a driver does not want to exchange information, wait for the police to arrive and collect their information. This information can be obtained from your police report about the crash later.
However, some pedestrians are injured by hit-and-run drivers. Filing a lawsuit after a hit-and-run accident can be difficult but not impossible. Fleeing the scene of an accident is a crime and will be investigated by the police. We can also conduct our own investigation into the driver’s identity so they can be served with your lawsuit. It is important to note that a hit-and-run driver’s criminal prosecution will usually need to occur before they can be sued in civil court. Still, a conviction in their criminal proceedings can be extremely useful in your civil case.
Multiple drivers can also be responsible for causing a pedestrian accident. For instance, if one driver was speeding and another driver illegally changed lanes, the speeding car might swerve and hit a pedestrian while trying to avoid an accident with the other car. Both drivers acted negligently, causing the accident, and both can be sued.
Lastly, you might also be able to hold an employer liable if your pedestrian accident was caused by a commercial vehicle. In general, employers are liable for the negligence of their employees while they are working. Our Gulfport pedestrian accident lawyers can review your case to help determine each party responsible for your injuries.
Determining Fault in a Gulfport, MS Pedestrian Accident Lawsuit
Fortunately, pedestrians can still file a lawsuit for damages even if they were partially responsible for causing their injuries. According to Miss. Code Ann. § 11-7-15, there is no bar to recovery for victims found to have contributed to their own negligence.
Some states do not allow victims to recover compensation unless they are completely blameless in causing the accident, while others prevent recovery if they are 50% or more at fault. Mississippi, on the other hand, practices what is known as pure comparative negligence. This means that victims will recover compensation in proportion to the amount of fault they are found by the court to have contributed. Even if you are found 99% at fault for causing your accident, you will still recover 1% of your damages.
It is common for insurance companies and defense attorneys to try to place the blame for an accident on the alleged carelessness of the pedestrian involved. Even if you did contribute, you can still recover compensation in a lawsuit. Our Gulfport pedestrian accident lawyers can help you fight accusations of blame so you can recover exactly what you are owed.
Time Limit to File a Pedestrian Accident Lawsuit in Gulfport, MS
The time limit to file a pedestrian accident lawsuit in Mississippi is called the statute of limitations. According to Miss. Code Ann. § 15-1-49, pedestrian accident victims have three years from the accident date to file their lawsuit in Gulfport. In most cases, the court will dismiss a lawsuit if it is not filed in the time prescribed by law. Our Gulfport pedestrian accident lawyers can help you prepare your lawsuit and ensure it is filed on time.
Our Gulfport, MS Pedestrian Accident Lawyers Can Help
If you were injured in a pedestrian accident, seek assistance from our experienced Gulfport pedestrian accident lawyers by calling Howe Law at (844) 876-4357 to review your case for free.
