Taking a walk during your lunch break on a sunny afternoon is not only an excellent way to enjoy the outdoors, but it is also a great way to burn a few calories. But, then what happens when that nice afternoon stroll becomes an unfortunate accident? If you have been hit by a vehicle while walking, you should contact a reputable pedestrian accident lawyer in Jackson, MS.
Sadly, many victims sustain permanent and traumatic injuries including scarring and bruising after they hit the sidewalk or pavement. If this happens to you, you need to have a team of experienced attorneys by your side that are dedicated to fighting for injured victims. It is important that you receive the compensation that you deserve through any settlements, verdicts or judgments.
The Importance Of Protecting Pedestrians Crash Victims’ Rights
The drivers in Jackson have specific traffic laws that they must obey, and pedestrians also have special ordinances that they have to follow when they are walking on public streets and sidewalks. For example, pedestrians are not allowed to cross the street or enter the roadway if there is a vehicle that is too close for the driver to safely yield. This means that pedestrians cannot walk in front of a vehicle that cannot quickly stop in order to prevent an accident.
In addition, pedestrians must walk on the sidewalks whenever they are present and not in the way of oncoming traffic. This law also applies in the business district. Pedestrians are prohibited from crossing anywhere else other than a crosswalk.
So, who is responsible when a person is struck by an automobile? It really depends on the facts surrounding the accident. As a result, the driver of the vehicle could be at fault. Or, the pedestrian may also have to bear some responsibility depending on the circumstances.
In some instances, the municipality will be at fault, or it may be a combination of all the above. Each defendant may be held responsible when the victim hires an experienced pedestrian lawyer in Jackson.
Typically, a driver will be held liable for the injuries sustained by a pedestrian if he or she failed to maintain a safe lookout for other people and cars in the road. However, if the pedestrian has stepped off of the curb in front of a vehicle and the driver does not have time to yield or stop, the pedestrian could also bear responsibility. This is according to the City of Jackson Municipal Code and Ordinances, as well as state law.
The allocation of fault is very critical in these types of accident cases. Under Mississippi law, the damages for lost wages, medical bills, pain and suffering, along with other losses may possibly be reduced if the victim also contributed to the accident. Although it is not a complete barrier to recovery, comparative fault may also play a role in the amount of compensation a victim collects.
When can a municipality like the City of Jackson be held responsible for a pedestrian accident? If it is determined that the street layout is unsafe for pedestrians or a nonworking traffic control device contributed to the accident, then the city may hold some responsibility.
For example, if a malfunctioning street light gave both drivers and a pedestrian the right of way, then the claim be asserted accordingly. When the defendant is a government entity, special rules apply. For example, the statue of limitation for these types of claims is significantly shorter, and defendants have a higher burden of proof that has to be satisfied. This is one of the reasons why you should contact an attorney as soon as possible if you are involved in a pedestrian accident.
Why You Should Discuss Your Accident Case With An Attorney In Jackson
If you have even been injured by a truck or car while you were a pedestrian, you should consult with a lawyer who specializes in these types of accidents after the accident. During this consultation, you can give them the facts of your case, and you can also inform the lawyer of any injuries or losses you have sustained as a result of the accident.
Unfortunately, pedestrians in the Jackson area have been getting injured due to motor vehicle collisions, and some of these accidents have been fatal. The distribution of these tragic events throughout the city of Jackson only show that this can happen to anyone at any time they are a pedestrian. As drivers become more distracted, these types of accidents will likely only increase.
However, by contacting a knowledgeable attorney in Jackson, you can increase your chance of being awarded the compensation you deserve.