Starkville Pedestrian Accidents

Pedestrians can suffer catastrophic, life-altering injuries after being hit by a car, truck, or bus. Under Mississippi law, like many other states, a pedestrian aiming to recover for injuries after an automobile accident must prove that the driver negligently or recklessly caused the collision. In other words, the pedestrian must show that the driver failed to act reasonably under the circumstances. Examples of negligent behavior include speeding, making an improper turn, texting while driving, and failing to stop at a crosswalk. In Starkville, many intersections, such as N. Montgomery Street and Dr. Martin Luther King Jr. Dr. E., have crosswalks in place so drivers will know to slow down for people crossing the street.

Mississippi imposes a three year statute of limitation period for most personal injury cases. This means that an injured party must bring a lawsuit within three years of the date of the accident. While your situation may appear cut and dry, many cases often involve complex legal issues, expert testimony, or other complicating factors. For instance, if you were struck by a commercial delivery truck while crossing the intersection of Main Street and Washington Street, you will need to confirm ownership of that truck to ensure claims are asserted against all potentially responsible parties. Therefore, it is critical you speak with an experienced pedestrian accident attorney in the Starkville area as soon after the crash as possible.

In pedestrian crash cases, it is common for the driver to attempt to place as much blame as possible on the pedestrian. The driver may try to raise an argument that the pedestrian was not paying attention, was texting while crossing the road, or jaywalked. A victim’s ability to recover fair compensation may be impacted if he or she is deemed partially at fault. Mississippi is a pure comparative negligence jurisdiction, which allows the plaintiff to recover even if the plaintiff was partially at fault. For example, if the pedestrian was 20% at fault, the driver would still be liable for his 80% fault. Any damages awarded to the plaintiff are reduced in proportion to the plaintiff’s degree of fault.

There are a wide range of damages that a pedestrian accident lawyer can help a Starkville pedestrian pursue, including economic, non-economic, and punitive damages. Economic damages include compensation for objectively verifiable losses, such as medical expenses, lost earnings or wages, loss of property, and loss of employment or business opportunities. Non-economic damages include those that are harder to quantify, such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life. At Nahon, Saharovich & Trotz, our legal team investigates all potential sources of recovery on behalf of our injured clients.