With Mississippi’s warm climate, you should always anticipate pedestrians walking alongside our roadways. Unfortunately, pedestrian-vehicle collisions are also common. Because of the difference in size between automobiles and pedestrians, the results can be catastrophic. Long periods of recovery, severe debilitation, loss of work, and even death can result from one of these accidents. But when a vehicle hits a pedestrian, who is to blame? I will explore the answer to that question below.
If you were injured in a pedestrian accident, you will need to have experienced counsel help you attain your fair share of compensation for your injury, counseling, and recovery. Barrett Law has the experience to help you—contact us now at (800) 707-9577.
Pedestrian Accidents—Who is at Fault?
In a pedestrian accident where a vehicle such as a car or truck hits a person walking on the roadway, there will always be a question of fault. Generally speaking, pedestrians are supposed to stay outside of the main roadway unless they are crossing the street. If a pedestrian is crossing the road, it should be done at an intersection and, preferably, at a stop sign or stoplight. If a vehicle strikes a pedestrian while he or she is off the main roadway or in a crosswalk, then the vehicle’s driver is usually at fault.
If a pedestrian darts into traffic or walks in the roadway, vehicle drivers still have a duty to try to avoid the pedestrian. That said, if the pedestrian puts themselves in a situation where a collision is inevitable, such as in the middle of the road at night or on a blind corner, the driver is unlikely to be found at fault. The ultimate issue in these cases is reasonableness. A driver must take reasonable steps to avoid striking a pedestrian, even one in the roadway.
Drivers that strike pedestrians while they are under the influence of drugs or alcohol are almost always found to be acting unreasonably, as driving while intoxicated violates the duty of care that drivers owe others on the road. Interestingly, studies have shown that drivers who are on their phones while driving exhibit very similar driving behavior to intoxicated drivers. Accordingly, drivers who strike pedestrians while texting are also likely to be found responsible for any injuries the pedestrian suffers. Conversely, a pedestrian who wanders into the roadway is also likely to be found at fault if he or she was under the influence of alcohol or drugs at the time of the crash.
As one can imagine, when a vehicle strikes a pedestrian, there is often a dispute regarding where each party was at the time of the collision. These cases frequently require expert witness testimony to determine whether a pedestrian was reasonably avoidable when the vehicle hit him or her. You will want to hire an attorney with longstanding relationships with experts in accident re-creation and traffic issues.
What Should You Do If You Have Been Injured in a Pedestrian Accident?
If you were injured in an accident while walking on the road, you should seek medical attention immediately and contact an experienced personal injury attorney. Inexperienced counsel who only dabbles in personal injury law may lead you down a dead-end where you receive no compensation. Instead, let experienced counsel take care of preserving medical records, attaining expert opinions, reviewing evidence, and dealing with the defendant’s attorneys. These are essential tasks that only a personal injury attorney can handle for you.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a serious injury as a result of a pedestrian accident. Contact us now at (800) 707-9577.
