If you have been injured as a pedestrian and you believe the accident was someone else’s fault, contact Mama Justice – MW Law Firm to get a free case review. We may be able to help you recover compensation for your damages.
At one point or another, everyone is a pedestrian. Whether you usually drive or walk to your daily destinations, at some point you will be on the sidewalk, vulnerable with no protection to the motor vehicles moving all around nearby. Being struck by a moving vehicle is one of the most traumatic experiences a person can go through, and if it happened to you, please know there is legal recourse available in the state of Mississippi.
Though nowhere is completely safe from pedestrian accidents, sidewalks provide a safer space to walk than roads without them. Unfortunately, there are lots of Mississippi roadways that don’t have sidewalks. This poses an even greater threat to walkers than to those who are able to stick to sidewalks, but all pedestrians face some degree of risk when walking out in our communities.
Pedestrian accidents are on the rise in Mississippi and across the United States as well. A report published by the National Highway Transportation Safety Administration shows that traffic fatalities involving pedestrians are the highest they have been in the past thirty years. Over 6,000 people are killed every year in pedestrian accidents, which means one pedestrian dies every 88 minutes. Along with the deaths, more than 100,000 pedestrians are admitted to hospital emergency rooms for treatment of non-fatal injuries caused by traffic accidents.
If you or a member of your family were injured in a Biloxi pedestrian accident, you are probably eligible to seek financial compensation. Before you speak to anyone from an insurance carrier, however, it is essential to make sure that you know your rights and understand your legal options. If you don’t, you could lose out on the financial compensation you are entitled to. Contact the Biloxi pedestrian accident lawyers at the Mama Justice – MW Law Firm to schedule your free consultation to discuss your potential case.
At Mama Justice – MW Law Firm, we realize how long-lasting the effects can be when you get injured as a pedestrian or lose a loved one in a fatal accident. Not only are there mounting medical bills and missed wages at work, but you may be left with emotional trauma and mental anguish that can take time to heal.
We have more than four decades of experience advocating for those who were injured due to someone else’s negligence in Biloxi and throughout Mississippi. Our Mississippi personal injury lawyers have a thorough understanding of this field of law, and a strong track record of achieving successful results in even the most complicated personal injury cases.
What Are the Leading Causes of Biloxi Pedestrian Accidents?
One of the main reasons that crosswalk accidents and other forms of pedestrian accidents have increased so steadily over the past several years is simply because there has been an increase in the amount of foot traffic. Some of this can be attributed to population growth, but another contributing factor is the increased number of people who are choosing to walk more for health and/or environmental reasons.
Most often, pedestrian accidents are caused by negligent or reckless drivers but they can also be caused by the pedestrian themselves, a motorcycle rider or bicyclist who runs into a pedestrian, or even a third party like the person or agency responsible for maintaining public walkways in a safe condition. Sometimes there are, of course, external factors that are out of anyone’s control that lead to a pedestrian accident. such as inclement weather.
When a driver is liable for a pedestrian accident in Biloxi, it is typically because of:
- Reckless/aggressive driving: These days, drivers seem to always be in a rush when they are behind the wheel. This causes them to take unnecessary risks, like plowing through an intersection when the light is red. Reckless or aggressive driving endangers everyone on the roadway. Pedestrians, because they have no protection against a vehicle’s impact, are especially vulnerable.
- Fatigued driving: In today’s fast-paced society, a lot of people drive when they are overly tired or sleep-deprived. This is an especially common problem among commercial drivers, like long-haul truckers. Fatigued drivers not only take the chance of falling asleep behind the wheel, but even if they manage to stay awake, they have delayed reaction times and are less likely to notice their surroundings, such as a pedestrian in a crosswalk.
- Driving under the influence: Drivers who get behind the wheel while they are intoxicated often make extremely poor decisions. Some behave recklessly by speeding and running red lights, while others have double vision and poor coordination. They often drift into oncoming traffic or veer off the roadway. Any driving behaviors associated with the overconsumption of alcohol are extremely dangerous for someone on foot.
- Distracted driving: In today’s world, everyone’s on their smartphone most of the time, which inevitably leads to a great deal of distracted driving. It has been proven in multiple studies that texting while driving is every bit as dangerous as driving while intoxicated.
When a pedestrian is liable for a Biloxi traffic accident, it is usually due to:
- Unlawful crossing: It is not uncommon to see a pedestrian waiting at an intersection, only to see them suddenly dash across the road against the light with a car approaching. Other pedestrians will simply cross somewhere that is not permissable or there is no marked crosswalk.
- Distracted Pedestrians: Just like drivers, most pedestrians can also be distracted by their smartphones. Looking at their phone while they send text messages, post to social media, take selfies, and watch videos often causes pedestrians to miss noticing an oncoming car. Wearing earbuds can also put a pedestrian at a much higher risk of getting hurt while out walking.
- Inebriation: Pedestrians, particularly those out at night, are as likely as drivers to be under the influence of alcohol. Drunk pedestrians can stumble into traffic and put themselves in harm’s way.
National Pedestrian Accident Data
The National Center for Health Statistics estimated that non-traffic crashes, such as accidents in driveways, parking lots, and on personal property, were responsible for more than 7,700 pedestrian fatalities in 2019. In addition to this, the National Highway Traffic Safety Administration estimated that there were more than 6,200 fatal pedestrian traffic accidents in that same year.
The NHTSA data also illustrates that over 80% of pedestrian fatalities occurred in metropolitan areas, and 80% took place at night, most of which (73%) took place on open roads. Unfortunately, Mississippi has led the country in overall fatal traffic accidents almost every year since 1999.
The shocking increase in pedestrian deaths is a cause for concern for everyone. Pedestrians do not have seatbelts, airbags, and a steel cage to help keep them safe while they are walking. They are completely exposed and vulnerable to catastrophic injuries and deaths if they are hit by a car. Senior citizens and small children are especially susceptible to severe injuries. In fact, pedestrians over the age of 65 constitute close to 20% of all pedestrian fatalities.
Why are Pedestrian Deaths on the Rise?
According to leading experts, there are multiple factors contributing to the rise of pedestrian deaths, such as:
More People Are Choosing to Walk
One of the main reasons there has been an increase in pedestrian injuries and deaths is that more people are choosing to walk. This is partially due to a sharp boost in the state’s population, and partially due to lifestyle choices and current trends. Over the past decade, our society has become quite health conscious, and a lot of people enjoy taking a walk for leisure or exercise. Taking walks is also encouraged by devices like the Fitbit and other activity tracking watches that count the number of steps you take on a daily basis. People are also more concerned about going green and doing what they can to protect the environment and reducing carbon emissions. They may choose to ride a bike or walk to get around whenever it is feasible to do so.
There Are More Vehicles on the Roadways
Along with the ever-increasing number of pedestrians, the number of motor vehicles on the road has also increased. Better economic conditions, lower gas prices, and easier access to financing have provided more people with the opportunity to buy their own car instead of using public transportation.
More People Are Driving Larger Vehicles
For many of the same reasons just mentioned, more people are opting to buy SUVs and other larger vehicles instead of traditional cars. In 2013, nearly 33% of all vehicles registered in the United States were SUVs. By the end of 2022, this figure exceeded 51%. A National Highway Transportation Safety Administration study shows that pedestrian deaths that involve SUVs have risen by 50% during the last five years, and that SUVs are 3 times as likely to kill a pedestrian during a collision than a car.
Liability in Biloxi Pedestrian Accidents
Since there are multiple potential contributing factors, establishing liability for a pedestrian accident can be difficult. To properly consider all possible factors, such as weather, road conditions, the behavior of other drivers, traffic lights, and more, you must get a professional to evaluate your case to determine if liability can be established. If you have the ability to prove another party was at fault, we can help you collect damages for your injuries.
The best thing you can do, particularly if you are injured, or if your loved one was killed in a Biloxi pedestrian accident, is to reach out to an experienced Biloxi pedestrian accident lawyer who will work hard to protect your rights.
Mississippi adheres to the legal standard of pure comparative negligence. This means, even if you share in liability for your accident, you might still be eligible to seek some level of financial compensation for your damages. Keep in mind that, if this is the case, your total amount of compensation will be reduced by your total percentage of fault. For instance, if your total damages are valued at $200,000 and you are 20% at fault, your award would be decreased by $40,000.
When Both Parties Share Blame
Sometimes neither the pedestrian nor the driver is completely to blame for the accident. For instance, a pedestrian might have been crossing against the light but they would not have been injured if the driver that struck them had not been speeding. Due to the intricacy of scenarios like this, it is best to work with a Mississippi personal injury lawyer from Mama Justice – MW Law Firm whether you were the pedestrian or the driver involved in the accident. We can help navigate this confusing process for you so you can begin to move on from the traumatic event.
What Should I Do After Getting Struck by a Car
- If you are able, move away from traffic and get somewhere safe
- Call 911 to report the incident to local law enforcement, and ask for an ambulance if necessary. You should get medical treatment immediately, even if you think you aren’t hurt. You need to make sure there are no hidden injuries, and you need medical documentation as well.
- Use a pen and paper or your phone to write down the contact details of the other driver(s) involved in the accident as well as their insurance information
- Use your phone to take pictures of the scene along with any visible injuries
- If any bystanders witnessed all or part of the accident, try to get their contact details so they can be deposed by your attorney later on
- Once the responding officers clear you to leave the scene, make sure you ask them for a copy of your police crash report. If they don’t have a copy to hand you, find out how you can get a copy
Meet With a Biloxi, MS Pedestrian Accident Lawyer
Pedestrian accidents are some of the most catastrophic experiences a person can go through. Those who are injured this way due to someone else’s negligence deserve to have competent legal representation on their side. At the Mama Justice – MW Law Firm, we specialize in helping you get the compensation you are due under the law. Call our Biloxi law office today at (888) 541-1428 or fill out the contact form on our web page to schedule your free, no-obligation consultation and case review.