The minute you leave your car, you transition from being a driver to a pedestrian.
Whether you’re walking from the parking garage to one of the great coastline casinos or strolling around Downtown Gulfport, checking out Fishbone Alley or the Gulfport Harbor, there are plenty of opportunities to get your steps in.
Unfortunately, there are also plenty of opportunities to be the victim of an accident in one of the many crosswalks around Gulfport.
Just because you’re stepping into a crosswalk doesn’t mean you’re fully protected from oncoming traffic. If you are struck by a car, it can lead to serious injuries with long recoveries and missed work. When that accident is not your fault, you should not be stuck paying the medical bills and losing out on your lost wages.
That needs to be made up for by the negligent driver. Owen, Owen & Smith, PLLC can help make that happen.
Our skilled Gulfport pedestrian accident lawyers are fierce advocates for our clients who have been injured as pedestrians. When filing this type of personal injury claim, it is vital to establish liability, and that begins with a thorough understanding of the Mississippi crosswalk laws.
Mississippi Pedestrian Right-of-Way Laws Explained
One of the first things that every new driver learns is the concept of “right-of-way.”
The Mississippi Department of Public Safety’s Driver’s License Manual defines right of way in the following manner:
“Right-of-way” is the privilege of immediate use of the highway. The person who has the right-of-way may proceed (whether in an automobile, on a bicycle, or as a pedestrian). The person who does not have the right-of-way must yield and wait.
At a crosswalk, pedestrians always have the right-of-way. That holds true whether the crosswalk is marked or not.
However, if the vehicle is already in the crosswalk, that car has the right-of-way. Vehicles must also yield to bicycles like they would to any other vehicle. In practical terms, drivers are obligated to come to a complete stop or slow down to yield to a pedestrian at a crosswalk. If a car has stopped to allow a pedestrian to cross the street, any car approaching from the rear can’t switch lanes and pass the stopped car.
In other words, the pedestrian’s right-of-way extends to the entire crosswalk.
Pedestrian Duties and Safety Requirements in Mississippi
Just because a pedestrian has the right-of-way does not absolve them from responsibility in an accident. Just as the pedestrian can assert it was the driver’s fault, that same driver can claim it was the pedestrian who was at fault.
Here’s what the pedestrian must do to stay safe:
- Use sidewalks when they’re available
- Walk on the left side of the road facing oncoming traffic if there are no sidewalks
- Pedestrians must yield to vehicles when crossing a road outside of a crosswalk
- Follow traffic signals and do not cross against a “Don’t Walk” signal
It is also important for pedestrians to have situational awareness. That means staying alert when crossing and avoiding distractions from your cellphone.
Common Causes of Crosswalk Accidents in Gulfport
Part of your pedestrian accident claim investigation is to explain how the accident happened from the perspective of the negligent driver. Which of the following common causes of crosswalk accidents apply to your incident?
- Failure to Yield Right of Way
- Distracted Driving
- Speeding
- Turning Accidents
- Impaired Driving
- Low Visibility
- Poor Road Conditions
If the police respond to the accident, they might issue a citation to the driver that includes the cause. However, a citation does not need to be issued for the driver to be held responsible for the accident.
How Comparative Negligence Affects Your Injury Claim
Mississippi deploys the pure comparative negligence system. That allows you to recover damages for a pedestrian accident even if you are found to be partially at fault.
Each person who is involved in the accident is assigned a percentage of fault. For example, you might be found to be 20% at fault because you were looking at your cellphone when crossing. In that scenario, you would only be entitled to 80% of whatever the final compensation settlement might be.
Because of the comparative negligence system, insurance companies will work hard to shift some of the blame for the accident to you. That is why gathering evidence is crucial to ensure you can get the maximum benefits you’re entitled to.
That evidence can include the following:
- Police reports
- Witness testimony
- Medical records
- Surveillance footage
When you work with an experienced Gulfport crosswalk pedestrian accident attorney, they will help you gather all the right evidence to support your claim.
Why You Need a Mississippi Personal Injury Lawyer
After being involved in a serious pedestrian accident, you’ll be focused on recovering from your injuries.
That’s also when the claim process starts.
The driver involved in the accident will notify their insurance company and, most likely, deny they were at fault.
That’s when you can expect a call from the insurance company to get your version of the accident. This is the first potential problem and the main reason you need a Mississippi personal injury lawyer.
An insurance company adjuster will try to get you on record to accept some of the blame.
At some point, you will have to provide what happened, but that should only happen after you’ve consulted with an attorney. They will be able to provide you with the right counsel to support your interests. This can help reduce the risk of being blamed even partially for the accident.
An experienced Mississippi attorney will also provide you with an accurate case valuation.
It is crucial to present an amount that accounts for your current and future medical expenses. You also should be compensated for the pain and suffering you’ve endured because of the accident.
Your attorney will also take over all the communications with the insurance company.
If there is resistance to paying the fair amount, your attorney might recommend filing a lawsuit. That moves everything to a courtroom, but that is exactly the type of situation that can motivate an insurance company to settle. If you’re not backing down, they have a lot at stake. The attorneys at Owen, Owen & Smith, PLLC can help with every phase of a personal injury claim, from the initial filing to jury presentation (if needed).
To find out how we can help, call to set up a free consultation. Let’s talk about your options for a remedy.
