Common causes of Mississippi pedestrian accidents include distracted driving, failure to yield the right of way, speeding, impaired driving, and unsafe pedestrian behavior (jaywalking).
Below are details about each of these causes of Jackson, MS pedestrian accidents, why these incidents happen, and who may be held responsible for them.
Distracted Driving
A motorist is engaged in distracted driving when they divert their attention away from the road, which can make it tough to stop their vehicle in time to avoid a pedestrian accident.
If a driver is too focused on texting, eating, chatting with a passenger, or doing things other than operating their vehicle safely, they could cause a pedestrian accident and be held liable.
Failure to Yield the Right of Way
A driver may fail to yield the right of way when they turn left across traffic, at stop and yield signs, when merging, or at uncontrolled intersections.
Pedestrian accidents may happen if a motorist chooses not to yield the right of way by failing to stop when people are using a crosswalk or turning into individuals across a crosswalk.
Speeding
If a motorist drives their car faster than the posted speed limit, what they are doing may be classified as speeding, and this individual could face traffic citations or other legal consequences for their actions.
When a motorist is speeding, they may not see a pedestrian nearby. Because of this, the motorist could crash into the pedestrian and be held responsible for the accident.
Motorists who speed and cause accidents with pedestrians could be liable for the medical bills, lost wages, and other losses of those harmed during the incidents.
Furthermore, if a motorist causes an accident in which a pedestrian is severely injured or killed, they could face criminal charges for their actions.
Impaired Driving
In Mississippi and across the United States, impaired driving is illegal. Regardless, a motorist may drive their car while under the influence of drugs or alcohol, which may contribute to a pedestrian accident.
Pedestrians injured in an accident in which a driver may have been operating their vehicle while impaired could have grounds for pursuing compensation from this motorist through a lawsuit.
If an impaired driving accident is fatal, the surviving family members of the deceased person (decedent) may be eligible to seek compensation from an at-fault motorist via a wrongful death lawsuit.
A decedent’s surviving spouse, parents, children, and, in certain cases, siblings are some of the family members who may be eligible to file a pedestrian accident lawsuit in Mississippi on behalf of their late loved one.
Unsafe Pedestrian Behavior
It’s reasonable to expect a pedestrian to avoid stepping in the middle of traffic, use crosswalks, and take other measures to minimize their risk of getting hurt in an accident with a car.
However, there are times when pedestrians engage in unsafe behaviors that lead to accidents. At these times, pedestrians could be held partially liable for their accident losses.
Per Mississippi Code § 11-7-15, you may be subject to pure comparative negligence if you are a pedestrian involved in an accident and sue a liable party for compensatory damages.
With pure comparative negligence, the court may reduce your damages based on your percentage of fault. This applies if you’re 1-99% liable for your pedestrian accident.
For example, you file a lawsuit after a pedestrian accident, and the court rules that you’re 20% liable. Based on pure comparative negligence, you may be awarded 80% of the damages that you originally requested.