Mississippi Backup-Pedestrian Accidents Lawyer

Mississippi Backup-Pedestrian Accident Attorney Representing People Injured by Reversing Vehicles

A pedestrian can be seriously injured in seconds when a driver begins backing without first making sure the area behind the vehicle is clear. These collisions frequently happen in parking lots, residential driveways, apartment complexes, shopping centers, schools, businesses, loading areas, and other places where vehicles and pedestrians move through the same confined spaces. Although a backing vehicle may be traveling at relatively low speed, the person struck has virtually no physical protection from the force of the vehicle.

Backup-pedestrian crashes can result in broken bones, traumatic brain injuries, spinal injuries, internal trauma, crush injuries, severe leg and hip injuries, permanent disabilities, and death. Children and older adults can be especially vulnerable because of their size, mobility, and the difficulty drivers may have seeing them through mirrors or around larger vehicles.

At Barrett Law, PLLC, we represent pedestrians injured by reversing vehicles throughout Mississippi and families who have lost loved ones in fatal backover collisions. These cases often require close attention to visibility, vehicle design, driver conduct, surveillance footage, backup-camera systems, mirrors, parking lot configuration, lighting, pedestrian routes, and whether the driver actually looked before beginning to move.

A driver who says, “I never saw the pedestrian,” has not necessarily provided a defense. In many circumstances, that statement raises the central question in the case: why did the driver begin backing when the area behind the vehicle had not been adequately checked?

Jonathan Barrett works to investigate how the collision occurred, identify every party that may bear responsibility, document the pedestrian’s injuries and financial losses, and pursue the compensation available under Mississippi law.

Why Backup Accidents Can Cause Serious Pedestrian Injuries

People sometimes underestimate the danger of a low-speed backing collision. A vehicle does not have to be traveling at highway speed to cause devastating injuries to a pedestrian. Passenger cars weigh thousands of pounds, while SUVs, pickup trucks, delivery vehicles, vans, and commercial trucks can weigh substantially more.

When a pedestrian is struck from behind or from the side, the initial impact may knock the person onto the pavement. The vehicle may then continue moving and run over a leg, pelvis, torso, or other part of the body. In other cases, a pedestrian may become pinned between the reversing vehicle and another automobile, wall, loading dock, shopping cart enclosure, building, or fixed object.

The resulting injuries may include multiple fractures, pelvic trauma, torn ligaments, spinal damage, nerve injuries, traumatic brain injuries, severe lacerations, internal bleeding, organ damage, and crush injuries. Victims may require surgery, hospitalization, rehabilitation, mobility assistance, and months away from employment.

Even when the physical impact appears minor initially, pedestrians should take symptoms seriously. A fall following impact can cause head, neck, back, or joint injuries that are not always immediately apparent.

Mississippi Drivers Must Make Sure It Is Reasonably Safe Before Moving a Stopped Vehicle

Mississippi Code § 63-3-701 provides that a person may not start a vehicle that is stopped, standing, or parked until the movement can be made with reasonable safety. That basic rule has obvious importance in a backup-pedestrian case. A motorist pulling out of a parking space, reversing from a driveway, or beginning to move a parked vehicle should first determine whether pedestrians, children, bicyclists, vehicles, or other hazards are in the path of travel.

The practical duty of a driver does not end with glancing into one mirror. The precautions reasonably required depend upon the circumstances. A driver backing in a busy supermarket parking lot may need to account for shoppers walking between vehicles, children accompanying parents, shopping carts, and visual obstructions. A person reversing a large SUV or pickup may need to recognize that significant blind areas can exist immediately behind the vehicle.

Commercial drivers may face even greater visibility challenges because vans, box trucks, construction vehicles, and tractor-trailers can have substantial rear blind zones. Depending upon the operation, mirrors, backup cameras, spotters, warning systems, and company backing procedures may all become relevant.

A case should therefore examine not simply whether the driver looked, but whether the driver took reasonable steps to determine that backing could be performed safely.

Parking Lot Backover Accidents

Parking lots are among the most common locations for backup-pedestrian collisions because drivers and pedestrians continuously share the same space. People walk between rows of parked vehicles while motorists simultaneously pull into spaces, reverse out of them, search for parking, and maneuver through narrow travel lanes.

Visibility can be restricted by SUVs, pickup trucks, vans, landscaping, shopping cart corrals, signs, and other parked vehicles. A pedestrian walking behind one vehicle may enter the backing path of another within seconds.

Drivers should recognize these conditions and move cautiously. A person backing out rapidly while relying exclusively on a mirror or backup camera may fail to observe a pedestrian approaching from the side. Drivers who are distracted by passengers, phones, navigation systems, or the search for an open space may also fail to monitor the area adequately.

Surveillance video is frequently important in parking lot cases. Grocery stores, shopping centers, restaurants, hotels, apartment complexes, medical facilities, and other businesses may operate exterior camera systems capable of recording the collision. Those recordings can establish vehicle speed, pedestrian location, sight lines, and how long the pedestrian was visible before impact.

Because many surveillance systems automatically overwrite footage, obtaining and preserving the video quickly can be critical.

Driveway Backover Accidents

Residential driveways create another serious risk, particularly for children. A child may be too short to be visible through the rear window or mirrors of certain vehicles and may enter the driveway without the driver’s knowledge.

Drivers backing from residential properties should account for children, family members, visitors, neighbors, pets, bicycles, toys, and other indications that someone may be nearby. Larger SUVs and pickup trucks can create particularly substantial blind areas immediately behind the vehicle.

A driveway collision may involve questions concerning whether the driver performed a visual walk-around, used available mirrors and cameras, backed too quickly, ignored warnings from passengers, or should have known that children were present.

Cases involving injured children require particular care because their injuries may affect growth, development, education, future employment, and quality of life for decades. Future medical and rehabilitation needs may therefore represent a significant portion of the damages.

Backup Cameras Do Not Eliminate Driver Responsibility

Modern vehicles increasingly include rearview cameras, parking sensors, cross-traffic alerts, and other driver-assistance systems. These technologies can reduce risk, but they do not eliminate the driver’s responsibility to make sure the path is clear.

Backup cameras have limitations. Dirt, darkness, weather, glare, lens positioning, screen size, and viewing angle can affect what the driver sees. A pedestrian approaching from the side may not appear on the display until shortly before entering the vehicle’s path.

Drivers should use available technology as one part of a broader safety check rather than treating the camera as a substitute for mirrors, visual observation, and cautious movement.

After a serious crash, investigators may examine whether the vehicle was equipped with a functioning camera or warning system and whether any available electronic information can help establish what occurred.

A driver who ignored an audible warning or failed to look at the display may face different factual issues from a driver whose safety system malfunctioned. In some cases, defective equipment may raise questions involving manufacturers or repair providers as well.

Blind Zones Around SUVs, Pickup Trucks, and Commercial Vehicles

Vehicle size and design can significantly affect pedestrian visibility. Tall hoods, high rear windows, cargo areas, trailers, and large body structures can create substantial blind zones.

SUVs and pickup trucks deserve particular attention because they are common in residential and commercial settings yet may make smaller pedestrians difficult to see. Commercial delivery vans and box trucks can present even larger rear visibility limitations.

A professional driver should ordinarily be familiar with the limitations of the assigned vehicle. Employers may also have backing policies that require drivers to use a spotter, perform a walk-around, sound a warning, or avoid backing whenever practical.

If an employee ignores established safety practices and injures a pedestrian, those company rules may become important evidence. The investigation may also examine whether the employer provided adequate training and whether prior backing incidents had occurred.

Commercial Vehicle Backup-Pedestrian Accidents

Delivery trucks, utility vehicles, garbage trucks, construction equipment, buses, vans, and other commercial vehicles frequently operate in locations where pedestrians are present. Their size and limited visibility can make backing particularly dangerous.

These cases can involve more than the driver’s individual negligence. Depending upon the circumstances, an employer, vehicle owner, contractor, property operator, or other business entity may potentially share responsibility.

Commercial entities may possess evidence unavailable in ordinary passenger vehicle cases. GPS records, driver logs, onboard cameras, telematics data, dispatch communications, training materials, employment files, and company safety policies may help explain why the crash occurred.

Some companies have specific procedures requiring drivers to avoid backing unless necessary or to inspect the area before reversing. Failure to follow those procedures can become significant evidence.

Identifying all potentially responsible parties is also important because severe pedestrian injuries may result in damages substantially exceeding a driver’s individual insurance limits.

Pedestrians in Crosswalks and Other Protected Areas

Mississippi law provides specific protections for pedestrians in qualifying crosswalks. Under Mississippi Code § 63-3-1103, when traffic-control signals are not operating or present, a driver must yield, slowing or stopping as necessary, to a pedestrian crossing within a marked crosswalk or an unmarked crosswalk at an intersection, subject to the statute’s provisions.

Mississippi traffic-signal rules similarly require turning vehicles to yield to pedestrians lawfully within an intersection when the signal permits vehicular movement.

Backup-pedestrian accidents do not always occur in conventional roadway crosswalks, but these statutes illustrate a broader point: drivers must account for pedestrians when operating vehicles in locations where pedestrian traffic is reasonably expected.

At the same time, Mississippi law also imposes responsibilities on pedestrians crossing outside crosswalks. Section 63-3-1105 generally requires pedestrians crossing at certain locations outside marked or unmarked crosswalks to yield to roadway traffic.

The specific location of the pedestrian therefore matters, but pedestrian conduct does not automatically excuse a driver who backs negligently.

Comparative Negligence in Mississippi Backup-Pedestrian Cases

Insurance companies may attempt to blame the pedestrian after a backing collision. They may claim the pedestrian walked behind the vehicle suddenly, ignored reverse lights, was looking at a cellphone, or otherwise failed to pay attention.

Mississippi follows pure comparative negligence under Mississippi Code § 11-7-15. A pedestrian’s own negligence does not necessarily bar recovery. Instead, damages can be reduced according to the percentage of negligence attributed to the injured person.

That makes the factual investigation particularly important. Surveillance video may demonstrate that the pedestrian had been behind the vehicle long enough to be seen. Witnesses may establish that the driver began reversing abruptly. Vehicle systems may show when the transmission shifted into reverse. Photographs can reveal visibility limitations and environmental conditions.

An insurer’s allegation that the pedestrian “should have seen the vehicle” does not resolve whether the driver also failed to exercise appropriate care.

Children Injured in Backover Crashes

Backover accidents involving children can be among the most devastating pedestrian cases. Young children may not appreciate the danger posed by a parked vehicle and may not recognize reverse lights or engine sounds as warnings.

Their small stature also makes them especially difficult for drivers to see behind large vehicles.

A child’s injuries can create lifelong consequences. Orthopedic trauma may interfere with normal growth. Brain injuries may affect cognitive and educational development. Severe scarring or disfigurement may have physical and emotional consequences lasting into adulthood.

Calculating damages therefore requires consideration of much more than current medical expenses. Future treatment, therapy, educational needs, earning capacity, and lifelong functional limitations may all become important.

Cases involving minors may also involve special settlement procedures designed to protect the child’s financial recovery.

Older Adults Are Particularly Vulnerable to Backup Impacts

Older pedestrians may suffer extremely serious injuries from impacts that younger adults might survive with fewer complications. Reduced bone density can increase the risk of hip, pelvic, wrist, and spinal fractures. Preexisting medical conditions may complicate surgery and rehabilitation.

An older adult may also experience a profound loss of independence after an accident. Someone who previously lived alone, drove, shopped independently, and managed ordinary household activities may suddenly require mobility assistance or daily care.

The damages analysis should reflect those changes rather than treating the injury solely as a collection of medical bills.

A fair claim should examine what the injured person could do before the collision, what limitations now exist, and whether those limitations are temporary or permanent.

Severe Injuries Caused by Backing Vehicles

Backup-pedestrian crashes frequently injure the lower body because bumpers initially strike the legs, knees, or hips. The pedestrian may then fall onto the hood, pavement, or another object.

Fractures to the tibia, fibula, femur, pelvis, hip, ankle, and foot may require surgery and extensive rehabilitation. Knee injuries can include torn ligaments and cartilage damage.

Head injuries can occur when the pedestrian strikes the vehicle or pavement. Even without loss of consciousness, traumatic brain injuries may produce headaches, memory difficulties, dizziness, concentration problems, mood changes, and other lasting symptoms.

Crush injuries are particularly concerning when a vehicle runs over the pedestrian or pins the person against another object. These injuries can cause internal bleeding, nerve damage, vascular injury, organ trauma, amputation, and death.

The full medical prognosis should be understood before a serious injury case is evaluated for settlement.

What Compensation May Be Available After a Mississippi Backover Accident?

The compensation available depends upon the injuries and circumstances of each case. Medical damages may include ambulance care, emergency treatment, hospitalization, surgery, diagnostic testing, physical therapy, medications, medical equipment, and anticipated future treatment.

When injuries interfere with employment, the claim may include lost wages and reduced future earning capacity. A person who cannot return to the same occupation may suffer substantial long-term financial losses.

Non-economic damages may address physical pain, emotional distress, disfigurement, disability, and loss of enjoyment of normal activities.

Pedestrians often suffer psychological consequences as well. Fear of parking lots, anxiety around vehicles, sleep problems, and trauma-related symptoms may persist long after physical wounds have healed.

A comprehensive claim should address the complete impact of the accident rather than focusing only on immediately measurable expenses.

Fatal Backup-Pedestrian Accidents and Mississippi Wrongful Death Claims

Backover collisions can be fatal, particularly when they involve children, older adults, or large commercial vehicles.

Mississippi Code § 11-7-13 permits wrongful death actions in qualifying circumstances and identifies the legal framework for pursuing claims when wrongful conduct results in death.

A wrongful death claim may involve medical expenses before death, funeral and burial costs, lost financial contributions, and losses associated with the family’s relationship with the deceased.

These cases deserve prompt investigation because the vehicle may be repaired, video footage can disappear, witnesses may become harder to locate, and commercial records may be subject to routine destruction policies.

Families should not assume that a police investigation will preserve every piece of evidence necessary for a later civil case.

Property Owners May Sometimes Share Responsibility

Some backup-pedestrian accidents involve poorly designed parking areas, dangerous traffic patterns, inadequate lighting, obstructed pedestrian paths, or other property conditions that contribute to the collision.

For example, a business may direct pedestrians through an area where large delivery vehicles routinely reverse. Landscaping or signage may obstruct sight lines. Poor lighting may make pedestrians difficult to see at night.

Whether a property owner or operator bears responsibility depends upon the particular facts. These cases may involve premises liability issues in addition to driver negligence.

Investigating the physical layout soon after the accident can be important because businesses may later change parking arrangements, signage, landscaping, or traffic flow.

What Insurance Companies May Argue After a Backup Accident

Insurance companies often attempt to characterize backup-pedestrian crashes as unavoidable accidents. The driver may claim the pedestrian appeared suddenly, was hidden in a blind spot, or ignored the vehicle’s reverse lights.

Those assertions should be tested against the evidence.

The insurer may also argue that the pedestrian’s injuries are exaggerated or unrelated to the collision. If the victim had prior orthopedic conditions, the carrier may attempt to attribute current symptoms to those preexisting issues rather than the crash.

Early settlement offers can also create problems when doctors have not yet determined whether surgery, long-term therapy, or permanent restrictions will be necessary.

A serious pedestrian injury claim should be evaluated based upon complete medical and liability evidence rather than the insurer’s earliest assessment.

How Barrett Law, PLLC Investigates Backup-Pedestrian Accidents

At Barrett Law, PLLC, we investigate the circumstances surrounding the collision rather than assuming that backing accidents are simple cases.

Depending upon the location and vehicle involved, the investigation may include surveillance footage, witness accounts, photographs, police reports, vehicle damage, backup-camera information, electronic data, lighting conditions, sight-line measurements, commercial driving records, and company safety policies.

We also examine whether the driver was distracted, whether available safety technology was used, whether a spotter should have been present, and whether another business or property owner contributed to the danger.

The damages investigation focuses on the complete effect of the injuries, including future medical care, lost income, reduced earning ability, disability, pain, and changes to the client’s daily life.

Our objective is to build a case based on evidence strong enough to answer insurance-company defenses and pursue the full compensation available.

Why Choose Barrett Law, PLLC After a Mississippi Backup-Pedestrian Accident?

Pedestrians struck by backing vehicles often face an unfair mismatch immediately after the accident. The injured person may be hospitalized or undergoing surgery while an insurance company is already investigating the collision and searching for ways to assign blame.

Jonathan Barrett represents seriously injured pedestrians and families throughout Mississippi. Barrett Law, PLLC works to preserve evidence, investigate driver conduct, identify commercial and property-related defendants when appropriate, evaluate insurance coverage, and document the complete financial and personal losses caused by the collision.

We prepare cases with litigation in mind rather than assuming the insurance carrier will voluntarily pay the full value of the claim.

Frequently Asked Questions About Backup-Pedestrian Accidents in Mississippi

Who Is Usually at Fault When a Vehicle Backs Into a Pedestrian?

Fault depends upon the circumstances. Mississippi law provides that a stopped, standing, or parked vehicle should not begin moving unless the movement can be made with reasonable safety. A driver backing from a parking space or driveway should therefore determine that the path is reasonably clear. However, pedestrian conduct can also be considered, making surveillance footage, witnesses, vehicle positioning, and other evidence important.

What if the Driver Says They Could Not See Me?

A blind spot does not automatically excuse the driver. Drivers should understand the visibility limitations of their vehicles and take reasonable precautions before reversing. Depending upon the circumstances, that may involve mirrors, cameras, looking over the shoulder, moving slowly, performing a walk-around, or using a spotter in commercial operations. The real question is whether reasonable care was exercised before the vehicle began moving.

Can I Recover if I Was Walking Outside a Crosswalk?

Potentially. Mississippi law requires pedestrians crossing roadways outside certain crosswalk locations to yield to vehicles, but that does not give motorists permission to drive negligently. Mississippi’s comparative negligence system allows fault to be allocated among the parties. The location, visibility, driver conduct, pedestrian conduct, and specific circumstances all need to be evaluated.

What if a Backup Camera Was Installed on the Vehicle?

The existence of a backup camera may become important evidence, but it does not automatically establish liability either way. Investigators may need to determine whether the camera functioned, what area it displayed, whether the driver looked at it, and whether the pedestrian entered from outside the camera’s field of view. Other mirrors, sensors, and driver observations may also be relevant.

Can a Company Be Responsible if Its Delivery Driver Hit Me?

Possibly. If the driver was acting within the course and scope of employment, the employer or another commercial entity may potentially bear responsibility depending upon Mississippi law and the facts. The investigation may also examine training, backing procedures, driver history, onboard cameras, telematics systems, and company safety policies.

What if My Child Was Hit in a Driveway?

Child backover cases require careful investigation and medical evaluation. A child’s age and ability to recognize danger can affect the legal analysis, while the child’s smaller stature may create significant visibility issues. Serious injuries may also create lifelong medical, developmental, and financial consequences, making evaluation of future damages particularly important.

What Compensation Can a Pedestrian Recover?

Depending upon the injuries, damages may include medical expenses, future healthcare costs, lost wages, reduced earning capacity, rehabilitation, physical pain, emotional suffering, permanent disability, scarring, and other legally recoverable losses. The value should reflect both the immediate consequences and the anticipated long-term effects of the injury.

What if the Driver Was Only Moving a Few Miles per Hour?

Low speed does not mean low injury potential when a pedestrian is involved. A several-thousand-pound vehicle can knock a person to the ground, run over a limb, or pin someone against another object even at parking-lot speeds. Injury severity should be determined by medical evidence rather than assumptions based solely on estimated vehicle speed.

Can a Parking Lot Owner Also Be Responsible?

Potentially, if a dangerous property condition contributed to the collision. Poor lighting, obstructed visibility, unsafe pedestrian routes, confusing traffic design, or delivery operations may become relevant depending upon the circumstances. The responsibilities of a property owner are fact-specific and should be evaluated separately from the driver’s negligence.

What Should I Do if a Store Has Surveillance Video?

Act quickly to preserve it. Many businesses automatically overwrite surveillance recordings after relatively short periods. A preservation request may help prevent relevant footage from being lost. Video can be especially valuable because it may show how long the pedestrian was visible, how fast the vehicle reversed, and whether the driver paused or looked before backing.

What if My Loved One Was Killed in a Backover Accident?

Mississippi’s wrongful death statute may permit qualifying beneficiaries or the appropriate representative to pursue a claim. Fatal cases may involve medical and funeral expenses, financial losses, companionship-related damages, and other recoverable losses. Prompt investigation is important because video, vehicle evidence, commercial records, and witness recollections can disappear with time.

How Soon Should I Contact a Lawyer?

Serious pedestrian cases benefit from prompt investigation. Video may be overwritten, vehicles repaired, parking areas altered, and witnesses lost. Early legal involvement can also help identify commercial entities, property owners, insurance policies, and other potential sources of recovery before evidence disappears or legal deadlines create problems.

Barrett Law, PLLC Represents Pedestrians Injured by Backing Vehicles Throughout Mississippi

Barrett Law, PLLC represents pedestrians and families throughout the Mississippi Gulf Coast, Central Mississippi, Southern Mississippi, and Northern Mississippi, including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, Brandon, and surrounding communities.

Whether the collision occurred in a residential driveway, shopping center, apartment complex, commercial parking lot, loading area, school zone, or workplace, our focus is determining why the driver failed to avoid the pedestrian and whether additional parties contributed to the danger.

Hit by a Backing Vehicle in Mississippi? Call Jonathan Barrett 24/7/365

A driver may have only been backing for a few seconds, but the resulting injuries can affect a pedestrian for the rest of his or her life. If you or someone in your family was struck by a reversing passenger vehicle, SUV, pickup truck, delivery vehicle, or commercial truck, you deserve to understand your rights before accepting an insurance company’s version of what happened or an early settlement offer.

Barrett Law, PLLC investigates backup-pedestrian accidents, preserves surveillance and electronic evidence, identifies responsible parties, documents serious injuries and future losses, and prepares cases for litigation when insurers refuse to provide fair compensation.

Call Mississippi attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for your FREE consultation.

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Mississippi Trucking Accident Attorneys Talk About Pedestrian Accidents

A pedestrian recently got hit by an eighteen-wheeler. The man suffered two broken legs, among other injuries. The accident occurred on the I-55 North in Canton. It is not very often that accidents happen involving pedestrians and tractor trailers. This accident shows the importance of understanding the difference between trucking accidents and regular motor vehicle accidents because accidents involving tractor trailers can occur whether you are in your car or you are walking.

The aforementioned accident occurred along a busy highway, which is not a place where most people would be walking. However, tractor trailers travel along plenty of roads where people do walk. In areas where there is any pedestrian traffic, the risk for automobile-pedestrian collisions is present. The number of motor vehicle accidents involving pedestrians is on the rise, and automobile crash researchers believe that distracted driving may be at least partially to blame.

When a motor vehicle strikes a pedestrian, the driver of the vehicle is likely to be found to have been at fault for the accident. There are a few ways in which pedestrian accidents often happen. Sometimes, a driver makes a turn as a pedestrian is crossing the street in a crosswalk. At other times, a driver who is under the influence of drugs or alcohol may collide with a pedestrian that they do not see because of their condition. Drivers who run red lights or stop signs also run the risk of striking a pedestrian who is crossing the road at the intersection. Vehicles entering the roadway from driveways sometimes do not notice pedestrians who are approaching, and pedestrian accidents happen this way, as well.

When an automobile strikes a pedestrian, it is highly likely that death or serious injury will occur, especially if the vehicle involved is a tractor trailer. When a person has been seriously injured or killed in a pedestrian accident, there are a few types of legal actions which may be filed against the driver and, if it is a commercial vehicle like a tractor trailer, the trucking company, by various parties.

For example, the State can file criminal charges against the driver if they were violating any laws at the time of the accident. Another type of action that may be filed against the driver of an automobile who has struck a pedestrian is a claim for injuries and damages. These claims are the type of claims that are usually filed by the victims of car accidents against the driver’s insurance company, for the purpose of obtaining financial recovery for the injuries and damages that they have sustained.

Barrett Law PLLC:  Helping Trucking Accident Victims and Their Families Recover After Injury or Loss

If you were involved in any trucking accident, contact a Mississippi Trucking Accident Attorney right away. Your attorney will help you deal with accident investigators, and they will use their knowledge about trucking industry laws, commercial insurance policies, and truck accidents to help you pursue claims for recovery from the various parties who are responsible for your injuries or your loss. Call the dedicated and experienced Mississippi Trucking Accident Attorneys at Barrett Law PLLC today at 1 (601) 790-1505, to schedule a free, initial consultation.

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Mississippi Personal Injury Lawyer Provides More Important Answers about Dog Attack Injury Claims

This blog post is the second installment of our two-part blog post that addresses typical questions our personal injury law firm receives about legal claims for dog bite injuries.  While we have attempted to answer frequent questions, the best way to obtain information about your unique circumstances is to speak to an experienced Mississippi dog bite lawyer.

 

What do I need to know about the Mississippi dog bite statute?

 

Unlike the majority of states, Mississippi does not have a dog bite statute.  The State of Mississippi has delegated the issue of control of dangerous animals to municipalities.  A common law legal claim may be brought based on the “one bite rule” or other applicable theories of liability.

Does the type of dog owned by a person increase the risk of a serious dog mauling?

While any dog can cause severe injuries, certain breeds statistically account for the vast majority of fatal dog mauling incidents.  For example, Pit Bulls caused 82 percent of fatal dog bites in 2015 despite severe regulations and bans involving this breed of dog in over 700 cities across the country and military housing.  Rottweilers accounted for the second most common breed involved in fatal dog attack incidents during the same period.

Are particular groups of people more likely to be the victim of a dog bite?

The CDC estimates that fifty percent of children 12 and under experience injuries caused by a dog bite.  Further, children age 14 and under account for 48 percent of fatal dog attack victims.  Other groups frequently exposed to injury in dog bite incidents include the elderly, meter readers, mail delivery carriers, and other home service providers.  For example, 5,600 U.S. Postal Service carriers experience a dog bite in a typical year.

What legal deadlines apply to dog attack injury claims in Mississippi?

The statute of limitations is a legal deadline that requires an injury victim to file a lawsuit within a certain period to avoid having their claim permanently barred.  While there can be subtle issues that complicate this situation, the general rule is that a plaintiff must file a dog bite claim within three years of the incident that caused the injury.  This deadline applies whether the injury was caused by a bite or in another way such as knocking over a bicyclist.  If you delay in seeking legal advice, and you file your lawsuit after the statute of limitations has “run” (expired), the dog owner and his or her insurance company will ask the court to dismiss the lawsuit.  Typically, the request will be granted, except in rare circumstances when the time is “tolled” (paused).

What defense strategies might a dog owner and his or her insurance company use when I file my lawsuit?

While the specific defense strategies the insurance company might employ depend on the specific facts and circumstances, some approaches our Jackson, MI personal injury lawyers frequently encounter include the following:

  • Trespassing by the victim (not necessarily a viable defense if the injury victim is a child)
  • Provoking and teasing the dog
  • Unreasonable carelessness of the dog bite victim
  • Violation of the law at the time of the injury (e.g. police dog attacking fleeing suspect)
  • Lack of knowledge of viciousness of dog
  • Trivializing or disputing the injuries suffered by the victim

Our Mississippi dog attack lawyers analyze situations to determine the tactics an insurance company or dog owner will use to avoid taking responsibility for irresponsible canine ownership.

If you are in a Mississippi dog bite incident, our Mississippi Personal Injury Lawyer successfully represented many animal attack victims.  At Barrett Law, we are here to help.  Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

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Mississippi Pedestrian Accident Attorneys Discuss the Dangers Posed to Children Pedestrians on Halloween

Halloween is around the corner and while many families are preparing decorations and costumes, far fewer have given thought to the potential dangers that lurk for children on October 31.  All parents and children should spend some time making themselves aware of the safety threats that exist for child pedestrians on Halloween.  Halloween is the most dangerous day of the year for children under the age of 18, with more child fatalities than even July 4th and New Year’s Day.

Recently, a group of researchers examined over four million records detailing the deaths of children between the ages of 0-18 on Halloween between the years of 1990 to 2010.  Each entry concerned a child that had died due to some sort of accident on Halloween.  The alarming findings of this research project are detailed below:

  • October 31 is the deadliest day for child pedestrian accidents:  In the years included in the study, 115 children were killed by drivers on Halloween.  This equals 5.5 child pedestrian fatalities on Halloween each year, which is double the average daily rate of 2.6 fatalities.
  • The deadliest hours:  Over 60 percent of all pedestrian accidents on Halloween occur during the four hour period between 5 and 9 p.m.  Nearly a quarter of all accidents occur between the hours of 6 and 7 p.m. alone.  This is perhaps surprising because it is still light outside during this period, but perhaps the sheer number of children out at this time contribute to the accident rate.
  • Stick to crosswalks and intersections:  The majority, 70 percent, of all child pedestrian accidents on October 31 occurred in the middle of the block and away from crosswalks and intersections.
  • Young drivers pose the greatest risk:  Younger drivers between the ages of 15 and 25 were most likely to kill child pedestrians on Halloween, causing one third of all such accidents.
  • Older drivers proved safest:  Drivers in their mid-thirties and those in their early sixties were least likely to hit child pedestrians on October 31.  These drivers likely took to the roadways on this holiday less frequently and exercised appropriate caution in keeping an eye out for young children.
  • Halloween fatalities are on the decline:  During each of the last six years of the study (2005-2010), there was a decrease in the number of Halloween child fatalities below the average of 5.5 deaths.  This could be an encouraging sign that more parents, drivers, and children are taking note of the dangers and taking action to correct them.  All parents and children should remain vigilant, however, as the risks persist.

Barrett Law PLLC: Mississippi Pedestrian Accident Attorneys Fighting for Justice for Any Child Who Has Been Injured or Killed in an Accident

The death or injury of a child in a senseless accident is tragic beyond words.  The Mississippi Pedestrian Accident Attorneys at Barrett Law PLLC hope all Mississippi children stay safe and have fun this Halloween.  We urge the parents of young children and older children to be aware of the substantial risks posed to child pedestrians on Halloween. While no one should fear the festive holiday of Halloween, and exercising the appropriate amount of caution will help to ensure your loved ones stay safe.  In the event that the unspeakable happens and your child is injured or killed in a pedestrian accident, the compassionate, dedicated, and zealous pedestrian accident attorneys at Barrett Law PLLC can help.  We will fight to see that your child receives the justice he or she deserves.  Call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation to see how one of our experienced pedestrian accident attorneys can help you and your family.

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What Can You Expect From Halloween As A Motorist?

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Every year we face many of the same things whether they are personal, public, or professional. However, one aspect of our year that we not only observe, but also get to enjoy is that of holidays. Holidays give us a chance to not only reflect on the actual purpose and meaning of the day, but also gives us the opportunity to do so in fellowship. When we observe a holiday it brings about certain traditions that enable us to better participate and acknowledge its meaning, and understanding.

Trick or Treat?

One holiday soon to come is that of Halloween, which will be upon us within the next few weeks. Halloween is that time of year that the pumpkins are out, the Fall air is finally here, and sweet treats are all around. Halloween is also the infamous time of year that children, and adolescents alike have the opportunity to dress up in a costume and go door-to-door and trick-or-treat. While this is a fun, and magical time for many what can actually occur during Halloween on the road?

What You Should Be Aware of This Halloween

There are two main aspects that drivers need to be concerned with during Halloween on the road. The first is that of pedestrian safety. As previously stated, Halloween is a holiday that many children dress up and walk around and collect candy from homes. One can easily assume that this means that children will be very, very close to roads, especially that within residential areas. When you are driving this Halloween make sure that you follow speed limits with care, and watch the sidewalks and the road very cautiously since children will be going back and forth all around.

Another aspect of Halloween and the roads is that of the presence of DUI crimes. Many times, adults celebrate Halloween in their own special way and either go out to a bar, or a party and enjoy the opportunity to act like kids, dress up, and have let off some steam. However, this usually means that alcohol will not only be present, but also consumed. Make sure this Halloween when consuming alcohol that you have a designated driver in order to not only keep yourself self, but also other motorists alike, and especially that of pedestrians.

If you suffer any of these serious injuries because of an anesthesia mistake, our experienced Mississippi anesthesia medical malpractice lawyers are committed to assisting victims of substandard medical care obtain the financial compensation to rebuild their lives.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

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Pedestrians and Headphones: What Can You Expect?

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Driving, as everyone is well aware of, is one thing that we find ourselves doing almost every day. In order to get from one place to another either for professional, or personal reasons we rely on transportation methods, which usually involves us behind the wheel of an automobile. The majority of individuals today own some type of motor vehicle in order commute and travel conveniently on their time. However, accidents and mistakes can easily occur while we are on the road whether they are due to other individuals, or ourselves. Yet, would you be under the impression that pedestrians cause a large number of automobile accidents today?

Walk This Way?

When we learn how to drive we learn the infamous rule “Pedestrians always have the right of way.” but is this really that accurate of a statement? Today, technology has helped with many various means of transportation even that of pedestrians who are just walking from one place to another. In many cities, and suburban areas aside from traffic lights you can also see specific pedestrian traffic lights as well, which tell pedestrians when they can and cannot walk. Easy enough concept, right? Apparently not. Actually, today the majority of pedestrian related accidents are caused by pedestrians themselves and their own lack of safety.

Headphones: Listening or Ignoring?

When it comes down to pedestrian responsibilities the only real one they have is to walk across the street at an appropriate, and indicated time. Yet, today, most pedestrians are not really taking this seriously and try to multitask while they walk, like many drivers today. Many pedestrians enjoy listening to their personal mp3 players, or iPods while commuting, which requires the user to have their headphones in their ears. However, apparently the phrase you “can’t walk and chew gum at the same time” are now applying to individuals and them using their mp3 devices when walking.

Pedestrians accidents related to headphone usage are not limited merely to that of automobiles, but also trains. In one case, a young boy had a hood over his head walking, and had earphones in, and proceeded to cross over a set of train tracks. Unfortunately, the boy was struck by the train and killed instantly as a result of failing to properly pay attention.

If you suffer any of these serious injuries because of an anesthesia mistake, our experienced Mississippi anesthesia medical malpractice lawyers are committed to assisting victims of substandard medical care obtain the financial compensation to rebuild their lives.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

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What to Do When You Hit a Pedestrian

Over 5,000 pedestrians are killed each year after being struck by a vehicle with another 70,000 or so suffering serious injury. Pedestrians are simply no match for a several-thousand pound car made of metal and glass. Unfortunately, even the best driver can end up hitting a pedestrian and it is a frightening and potentially serious event for all those involved. While many pedestrians have been hit and survived, much more often they are killed or seriously injured. In some cases the driver is distracted for any number of reasons and simply don’t see the pedestrian, in other cases the pedestrian is at fault.

Pedestrians may be walking with headphones on and fail to see an oncoming car or, in many cases, it is children who dart across the street who end up victims of an accident. While pedestrians are generally considered to have the right of way, should they blatantly ignore traffic signals they can make it virtually impossible for an automobile driver to avoid hitting them. Drivers must, however, approach all pedestrian crossings with extra caution, and should slow down in areas where pedestrians are present. There are certain things a driver must absolutely do should they strike a pedestrian.

Stop Immediately and Call for Help

Even if the pedestrian seems to be all right and it was a relatively minor bump-in, you must still call for medical help then call the police. Internal injuries are always a possibility even when the pedestrian claims to be fine. After calling for help, call your insurance company. It can be much easier to sort through all the paperwork when the details are fresh in your mind. If you are able, take some photographs of the accident scene and jot down some notes regarding the time of day, the weather and the circumstances surrounding the accident. Always assume that you could potentially end up in court, and act accordingly with that thought.

Never, Ever, Leave the Scene of the Accident

While it may certainly seem self-evident, you should never leave the scene after you have hit a pedestrian even if the pedestrian leaves. Leaving the scene of an accident can come back to haunt you in the form of lawsuits and even criminal charges. Hit and run charges are by far worse than any charges you may incur which allege negligence. There may even be circumstances you are unaware of, and you may not be responsible at all. You will never know if you don’t stay until the police arrive and give your side of the story.

Never Leave the Pedestrian in Harm’s Way

It is a sure bet that you will be extremely rattled after hitting a pedestrian however if that person is still in harm’s way you need to take immediate action to get them out of the street. If a pedestrian could be hit by another car by virtue of where they landed after the accident then it is imperative that you get help and get them out of the way as well as getting your car out of the way in order to avoid a huge pile-up of car accidents.

Don’t Neglect Your Injuries

Depending on the circumstances of your accident you may also have injuries so don’t neglect your own rights as you tend to the pedestrian. You may also suffer a tremendous amount of guilt whether the accident was your fault or not, particularly if the victim suffered serious injuries. Many people who have hit a pedestrian become very anxious when driving. Should you eventually end up in court you will want to show that you did everything properly following the accident. Whether you are the victim of a pedestrian car accident or were the driver, you need an experienced personal injury attorney in your corner to protect your rights as well as your future.

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Preventing Pedestrian Crosswalk Accidents in Mississippi

Although many believe utilizing marked crosswalks to be the safe way to cross through a roadway intersection, recent studies indicate that crosswalk accidents are a fairly common cause of road fatalities – when a pedestrian is struck by an automobile, serious or fatal injuries frequently occur.  Crosswalk intersection accidents typically result from driver negligence. Drivers who are impaired by alcohol or drugs, distracted by mobile phone use or proceed through an intersection at an excessive rate of speed, all pose a tremendous threat to pedestrians.

Crosswalks are designed to be safe havens that protect passenger particularly when they are not crossing against traffic signals.  Unfortunately, when inattentive or careless drivers do not pay careful attention at intersections, pedestrians can pay an enormous price.  Pedestrians who are struck by cars, trucks or SUVs at intersections frequently suffer permanent debilitating injuries, such as brain injury, spinal cord injury, internal organ injury and other serious and even life-threatening injuries.

Despite the objective of crosswalks, which is to provide a relatively safe haven for pedestrians, there may be multiple parties that contribute to a serious intersection collision.  Motorists that violate traffic safety laws and fail to watch the road, blow through stop signs or red lights or drive too fast to stop at intersections or failing to observe pedestrian right of way are the most typical cause of collisions in crosswalks.  When a driver fails to exercise reasonable care by hitting pedestrians who are lawfully crossing in an intersection crosswalk, this may be the basis for a legal claim based on negligence against the driver.

Many times the design of the intersection itself may play a substantial role in causing pedestrian accidents.  Lights may change too quickly from “walk” to “don’t walk” making it difficult for those who walk slower to cross the street safely.  It is no coincidence that the elderly have a higher rate of being involved in pedestrian accidents than many other age groups.

While sometimes defective design characteristics or poor maintenance may make an intersection unsafe, other times public entities may have evidence that an intersection is particularly hazardous for pedestrians and fail to act.  If there have been an unusually high number of pedestrian accidents at a particular intersection, this may put a public entity on notice that there is a problem.  If the public entity fails to take remedial measures this may be the basis for imposing liability.  One option in such a situation is to put raised buttons in the road that the driver will hear and feel when driving over them.  Alternatively, a stop sign may be equipped with flashing yellow lights or flashing yellow lights may be installed on the ground in the vicinity of the intersection to help attract the driver’s attention.  Studies indicate that drivers are more likely to acknowledge flashing lights in an intersection and adjust their speed/driving accordingly.

If you or a family member is injured in a pedestrian intersection collision, the experienced pedestrian accident attorneys at Barrett Law may be able to represent you in seeking financial compensation for any injuries or the wrongful death of a loved one.  At the Barrett Law Offices PLLC, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

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Hybrid Cars: A Silent Killer

Hybrid vehicle are extremely popular because of the enormous fuel efficiency associated with the vehicles.  Federal, state and local governments have worked aggressively to encourage hybrid sales by offering financial incentives to purchase the eco-friendly vehicles.  Despite the enthusiasm about hybrids, they continue to pose an increased threat to pedestrians.  Mississippi pedestrian accidents already account for a disproportionately high number of serious life-altering injuries and wrongful deaths.  The human body is simply not built to withstand the impact of a collision with a vehicle moving at a comparatively high rate of speed made of steel and weighing thousands of pounds.  Toyota Prius sales have reached more than a million vehicles and a growing number of foreign and domestic automakers are entering the electric car market.

Despite the obvious benefits and popularity of hybrid and electric cars, they have a darker side for pedestrians.  The vehicles are virtually silent so pedestrians may not be able to hear the vehicles approaching.  A driver who is behind the will of a hybrid vehicle has double the chance of being involved in a pedestrian accident according to a study conducted by the National Highway Traffic Safety Administration (NHTSA).  This study led to passage of the Pedestrian Safety Enhancement Act which directs the NHTSA to implement standards for a sound warning system to alert pedestrians of approaching hybrid and electric cars.

The law does not go into full effect until 2014 but some manufacturers of electric and hybrid vehicles have already begun equipping the vehicles with warning sounds to reduce the risk of pedestrian accidents.  While the Pedestrian Safety Enhancement Act does not impose a requirement that any specific sound be emitted by vehicles, it establishes minimum standards in terms of noise level and requires that the systems be designed so that a driver cannot disable them.

Pedestrians rely primarily on the senses of sight and hearing when evaluating potential pedestrian accident risks.  Hybrid and electric vehicles that completely eliminate one of these senses from a pedestrian’s accident avoidance tools creates an unreasonable risk of serious injury and fatalities.  While legislation and changing industry standards may eventually eliminate this problem, Mississippi pedestrian accidents will continue as long as these virtually silent vehicles remain on our roads.

If you or someone you love is injured in a Mississippi pedestrian accident, including an accident involving a hybrid, you may be entitled to compensation for your injuries or loss of a loved one.  The experienced Mississippi pedestrian accident attorneys at Barrett Law have been providing tenacious representation to pedestrian accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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Frequently Asked Questions (FAQs) Mississippi Pedestrian Accidents

Few motor vehicle accidents in Mississippi are as dangerous as pedestrian accidents.  Pedestrians have no protection when they are struck by a motor vehicle, and the human body is simply not built to withstand impact with a moving projectile of steel moving at high rates of speed.  Many motor vehicle accidents involving pedestrians result in life-altering injuries and tragic fatalities.  Children and elderly pedestrians are most vulnerable to being involved in a pedestrian accident with a car, truck or SUV.  Our experienced Mississippi pedestrian accident attorneys at Barrett Law have been representing Mississippi pedestrian accidents for over 75 years.  Our Mississippi law firm receives many inquiries about the rights and options of pedestrian accidents.  While we have provided information directed at addressing many of these inquiries below, we invite you to contact our law firm to seek more information if you still have questions after reviewing the information provided here.

What are the most common causes of Mississippi pedestrian accidents?

Pedestrian accidents are frequently caused by unsafe driving practices or defective roadways that are designed primarily for motor vehicles.  Some pedestrian accidents may also be caused by defective vehicle components. The most common causes of pedestrian accidents in Mississippi include the following:

  • Drivers exceeding the speed limit or otherwise driving at an unsafe speed
  • Disregarding traffic signs and signals at intersections
  • Failing to stop at crosswalks
  • Drivers impaired by drugs or alcohol
  • Distracted driving including using cell phones while operating a motor vehicle

What should I do if I am involved in a Mississippi pedestrian accident?

The first priority if you are involved in a pedestrian accident is making sure that you obtain medical attention.  Even if you believe that you have only suffered minor injuries or symptoms, it is important to get prompt medical attention.  Prompt medical attention can improve your prognosis and may provide objective evidence of your injuries to refute later allegations by the other driver’s insurance company that your injuries are fake or exaggerated.  Many injuries that are quite serious do not immediately manifest significant symptoms.  It is also important to preserve evidence if you are physically able to do so including securing contact information from witnesses.  Once you have obtained medical attention, it is important to seek prompt legal advice.  Personal injury claims involving pedestrian accidents are subject to strict time limits called “statutes of limitations” so time is of the essence in seeking legal advice.  Failure to comply with the statute of limitations typically will result in a complete bar to a lawsuit regardless of its merits.

If I file a pedestrian accident claim, what damages are available?

The damages that may be available in a Mississippi personal injury claim vary depending on the specific facts and circumstances in the case include the following:

  • Lost income
  • Pain and suffering
  • Expenses associated with medical treatment and hospitalization
  • Compensation for partial or total disability (lost future income)
  • Loss of consortium (adverse impact on spousal services or companionship)
  • Funeral and burial expenses in wrongful death cases
  • Punitive damages for some reckless conduct like drunk or alcohol impaired driving

If you or a close family member is injured in a pedestrian accident, the experienced Mississippi pedestrian accident lawyers at Barrett Law represent our clients with diligence and compassion.  We have built a reputation that has promoted the growth of our law firm throughout Mississippi since our firm was founded over 75 years ago.  The experienced Mississippi pedestrian accident attorneys at Barrett Law have been providing aggressive representation to pedestrian accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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