Mississippi Pedestrian Accidents Lawyers
There is nothing more terrifying than walking along and then to suddenly and unexpectedly be struck by a motor vehicle. Not only is a pedestrian accident completely shocking, but it can also lead to long-term injuries and harm. In the United States, pedestrian injuries are the fifth-leading cause of injury-related death for children, and in Mississippi, there were dozens of pedestrian deaths recorded in a single year alone, as reported by the Insurance Institute of Highway Safety (IIHS).
Because Oxford is located near the University of Mississippi, pedestrian accidents involving students are more common than they should be. While not all pedestrian accidents are fatal, those that are not often leave pedestrians with permanent disabilities. At the law office of Tannehill, Carmean & McKenzie, P.L.L.C., our experienced pedestrian accident lawyers can help you navigate the claims process if you or a loved one has been injured in a pedestrian crash.
Injuries from a Pedestrian Accident
When a pedestrian accident occurs, it is rare for the pedestrian to walk away unscathed. Rather, it is much more likely that they’ll suffer severe injuries and harm. Some of the most common injuries in a pedestrian accident include:
- Traumatic brain injuries. A traumatic brain injury, or TBI, is one of the most devastating—and common—injuries. A TBI occurs when the head is hit with force, or when the head is punctured by an object. A traumatic brain injury can lead to long-term complications for thinking, emotion, memory, reason, logic, sensation, language, and communication.
- Internal injuries. Internal injuries can be fatal when a pedestrian crash occurs and occur when the body is punctured with an object or struck with force—such as the force of a car slamming into a body, internal organs can be badly damaged.
- Spinal cord injuries. One of the most tragic types of injuries that results from a pedestrian accident is a spinal cord injury. A spinal cord injury happens when the spinal cord, which runs the length of the spine and is responsible for communication between the brain and the rest of the body, is injured. A spinal cord injury can lead to permanent paralysis from the site of the injury downwards.
- Bone fractures. A bone fracture is very common and can happen even if other injuries are not serious. If a pedestrian is struck and falls, bone fractures to the skull, elbow, wrist, clavicle, and hips are common. Fortunately, most, although not all, bone fractures will heal with time and proper medical care.
- Scarring and disfigurement. Pedestrian accidents and injuries can cause disabling injuries, but they can also leave permanent physical scars. Scarring and disfigurement can be painful, emotional, and disabling in some cases.
- Soft tissue injuries. In addition to the types of other serious injuries a person can suffer, they may also suffer soft tissue injuries from falling or twisting. Soft tissue injuries refer to strains and sprains to the body’s muscles and ligaments.
- Crush injuries. If a pedestrian is not only struck by a car, but also run over by a motor vehicle, they could suffer crush injuries. Crush injuries may require the amputation of a limb.
- Psychological injuries. Physical injuries are not the only types of injuries that someone involved in a pedestrian accident may suffer. Psychological injuries, including post-traumatic stress disorder, depression, and anxiety are all common.
Who’s at Fault in a Pedestrian Crash?
When a pedestrian accident occurs, determining fault is critical. Unfortunately, proving fault in a pedestrian accident is often much more complex than it should be. When you work with our lawyers, we’ll work hard to investigate your case and gather evidence to prove that you were not to blame for your own injuries.
There is a misconception that drivers are always to blame for pedestrian accidents. But there are some situations when this is not the case. In fact, pedestrians are required to yield to drivers in many situations and have a duty to walk responsibly—this means walking while sober and distraction-free. Pedestrians cannot legally walk into the pathway of a vehicle, and also cannot legally cross when they do not have the right of way to do so. These types of arguments may be made against you following a pedestrian crash in order to reduce the liability of the responsible driver and put the blame for the accident on your shoulders.
If you can prove that the driver who hit you was to blame for the crash, you can recover damages. Note that Mississippi recognizes the rule of comparative fault, which holds that a plaintiff’s recoverable damages amount can be reduced in proportion to their degree of fault. If you are found to be 10 percent to blame for the accident, for example, then you can only hold the driver liable for 90 percent of your total damages.
Damages Recoverable in a Pedestrian Accident Claim
By bringing a pedestrian accident claim, you can seek damages for the full value of harm you’ve suffered. Types of damages recoverable in a pedestrian accident claim include damages for medical expenses, lost wages related to the accident, any property damage losses you’ve suffered, and noneconomic damages in the form of pain, suffering, and emotional distress.
The Role of a Pedestrian Accident Attorney
The role of an Oxford pedestrian accident attorney is to maximize your recoverable settlement amount and improve your chances of walking away with the largest settlement possible. At the office of Tannehill, Carmean & McKenzie, P.L.L.C., we’ll work with experts to investigate your claim, gather evidence, talk to eyewitnesses, and prove fault.
We’ll also calculate your damages and determine what your claim is worth. Then, we’ll review a settlement offer that you receive and negotiate the settlement on your behalf. If your claim doesn’t settle out of court, we’ll litigate your case in court. We have the experience you can count on.
To learn more about how our experienced Oxford, Mississippi pedestrian accident lawyers can help you, please call us at (662) 337-7868, visit our law firm, or send us a message online. We offer free consultations.