Whether you are a pedestrian who was struck by a car, or the driver of a car that hit a pedestrian, this kind of car accident can be a harrowing experience. After an auto accident, it is vitally important to determine who is at fault so that the injured party can recover damages. In an accident between a pedestrian and a car, the driver of the car is not always 100 percent at fault in causing the accident.
For example: a man is walking across the street. He is not in a designated crosswalk, and he has his head down staring at the screen of their phone and clicking away on the keyboard. The driver, who is late for work, it attempting to shave in the rear-view mirror while driving. The driver does not see the pedestrian because he is looking in the rear-view mirror to shave, so he hits the pedestrian, who didn’t notice the car coming towards them because he was distracted by the phone.
Under Mississippi’s pure comparative negligence rules, the percentage of your fault will determine how much compensation you may be entitled to recover. In our example, if the jury decides that the driver was 80 percent at fault and the pedestrian’s damages equal $10,000, the pedestrian would receive $8,000. This figure is arrived at by subtracting $2,000, which represents the 20 percent fault the jury attributed to the pedestrian’s actions. Mississippi is one of 12 states that follow the pure comparative fault rule. Comparative negligence allows a plaintiff to recover even when they were partially at fault in the accident.
Pedestrians’ actions can cause them to be found partially at fault in an accident with a motor vehicle in situations such as:
- Crossing outside of a crosswalk in the middle of the block (jaywalking)
- Crossing on a “do not walk” signal or against the traffic light
- Walking and crossing the road while intoxicated
- Walking in areas where pedestrian access is prohibited such as along highways and on bridges
- Not paying attention to the road, or “distracted walking”
When a driver collides with a pedestrian and causes an injury, the driver may face a personal injury lawsuit or at least an insurance claim to cover the medical bills, lost wages and pain and suffering that will certainly exist. An accident like this is terrifying, both for the pedestrian and the driver. If you are involved in an accident like this you are sure to have many questions and our Southaven car accident attorneys at Taylor Jones Taylor will have answers for you. Please contact us today to discuss your auto accident case at one of our offices in Hernando, Southaven and Olive Branch, Mississippi.