Many pedestrians struck by a car often experience severe trauma and injuries that could take years to heal. Victims injured in a Jackson pedestrian accident deserve compensation for their damages.
Pedestrian accidents are more common than people think. With smartphones in the hands of nearly every person, the chances of a serious accident occurring have increased. Pedestrian accidents are especially common where pedestrians are close to cars, like crossing the street or walking in a parking lot. Fortunately, victims will often have several paths to recovering compensation but can file a lawsuit against the at-fault driver if that proves the best option.
Our Jackson pedestrian accident lawyers are dedicated to helping victims get justice for the damages caused by negligent drivers. Contact Howe Law at (844) 876-4357 for a free case assessment.
Common Places Where Jackson, MS Pedestrian Accidents Occur
Most pedestrian accidents occur in places where foot traffic is in close proximity to vehicle traffic. Areas like crosswalks, parking lots, and sidewalks are common places where pedestrian accidents are more likely to happen. Where your accident happened will certainly impact the legal strategies used in your pedestrian accident lawsuit.
Crosswalks and Intersections
Even with signs and countdown timers in place, crosswalks and intersections are still inherently dangerous locations where pedestrian accidents commonly occur in Jackson. Pedestrians have to trust that drivers will slow down and yield the right of way when crossing an intersection. Unfortunately, drivers are not always attentive when approaching an intersection and might not notice a pedestrian in time to avoid a catastrophic accident. Pedestrians often suffer devastating injuries in these situations, even if a driver slowed down when they struck them.
Many pedestrian accidents happen in parking lots, where drivers are often less cautious since they are moving slower and are off the road. This lack of attention can easily lead to a pedestrian accident. Pedestrian accidents are also much more likely to happen in parking lots, as many in Jackson do not have dedicated pedestrian walkways.
While rare, pedestrians can also be injured if a driver ends up on the sidewalk. If a driver loses control of their vehicle or an equipment failure occurs, like a tire blowout, it could cause them to jump the curb onto the sidewalk. These accidents can result in severe injuries. Some can even be fatal since a pedestrian might not have time to react. Our Jackson pedestrian accident lawyers can help you recover compensation for your injuries no matter where your accident happened.
How to Recover Compensation After a Pedestrian Accident in Jackson, MS
Pedestrians injured by a negligent driver will usually have multiple options to recover compensation for their injuries. Mississippi is an “at-fault” state, meaning that victims can recover damages after a car accident from the driver at fault for the accident. This might be in the form of an insurance claim against an at-fault driver’s car insurance. However, filing a lawsuit might be the best option to recover the full range of damages that insurance might not provide.
Filing an Insurance Claim
One path to compensation is by filing a third-party claim against the driver’s insurance. Because Mississippi is an at-fault state, you will need to provide evidence to prove to the insurance company that their policyholder is at fault.
Things become more complicated if the driver who injured you was uninsured or fled the accident scene. Your damages might be covered if you have car insurance and elected for uninsured or underinsured motorist coverage. However, these policies are optional and might not be included in the car insurance policy you purchased.
In some cases, insurance is not enough to cover your damages, or your claim is denied. Many insurance offers do not include damages for pain and suffering and might not even cover the total economic costs a victim incurred. Fortunately, you can file a lawsuit against a negligent driver if you decide that insurance will be insufficient to cover your needs.
Filing a Lawsuit
Lawsuits are often necessary since insurance companies routinely deny or undervalue claims. A lawsuit is usually the best option if a victim suffered serious injuries in an accident, as they might recover more through litigation than they could in a typical settlement agreement.
Further, insurance might not cover all your damages even if it does pay out on a claim. Some drivers only carry the minimum amount of insurance coverage, which can run out fast. If insurance is insufficient, a lawsuit will be necessary to recover the full amount you are owed.
A lawsuit will also be the only path the recovery if the driver that injured you did not have insurance or fled the scene of the accident. Once a hit-and-run driver has been identified through investigation, they can be named in a lawsuit.
To prevail in a lawsuit, you will need to provide evidence that the other driver was at fault for the accident you were injured in. But this is the same as what you would need to do for an insurance claim. The difference is that you often have more tools to acquire evidence and can push for better results through a lawsuit. Our Jackson pedestrian accident lawyers can help you determine if filing a lawsuit is the right move for your case.
Evidence Used to Prove a Pedestrian Accident Lawsuit in Jackson, MS
The evidence used to prove your case will typically come from various sources. The following are common types of evidence our Jackson pedestrian accident lawyers can help you gather in your lawsuit:
- Police reports
- Medical records
- Photos from the scene
- Photos of your injuries
- Physical evidence from the scene
- Surveillance footage
- Smartphone footage
- Witness statements
- Personal recollections
Our Jackson pedestrian accident lawyers can help you obtain the documents you need to build the strongest case possible.
Our Jackson, MS Pedestrian Accident Lawyers Can Help
If a negligent driver injured you in a pedestrian accident, our Jackson 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.