Getting struck by a vehicle while you are on foot is a different kind of injury case, and it deserves a different kind of attention. A Greenville, MS pedestrian accident lawyer at Richard Schwartz & Associates can take on the insurance company while you focus on healing. We work these claims out of our Greenville office on Main Street, and we handle them across the Delta.
Pedestrians have no bumper, no airbag, and no crumple zone. That is why a collision at a fairly ordinary speed can mean broken bones, a head injury, or months away from work. Our Mississippi pedestrian accident lawyers know how much rides on getting the facts nailed down early.
Talking with us is free, and we answer the phone around the clock. Call to schedule a free consultation. One call, that's all!
What Should You Do If You Were Hit by a Car in Greenville?
Get evaluated at a hospital first, then make sure the collision is documented before anyone's memory of it starts to soften. Pedestrian cases turn on details that fade quickly.
- Accept the ambulance or go to an emergency room the same day, even if you got up and walked away.
- Make sure law enforcement responds and takes a report, and ask how to obtain a copy later.
- Have someone photograph the roadway, the crosswalk or lack of one, the lighting, and the vehicle.
- Get contact information for anyone who saw what happened, including drivers who stopped behind the collision.
- Keep every discharge paper, prescription, and bill in one place from day one.
If you were too badly hurt to do any of that, a family member can help, and so can we. Call us, and we will start gathering what is still available.
How We Build a Greenville Pedestrian Accident Claim
The central fight in most pedestrian cases is not whether you were hurt; it is who had the right of way. We build the case so that question gets answered by evidence instead of by the driver's account.
That work often starts at the scene. Where the impact happened matters enormously, and so do sightlines, street lighting, signal timing, and whether a marked crosswalk existed at all. Downtown Greenville, the streets near the riverfront, and the wide shoulders along Highway 82 and Highway 61 each present a different picture, and we document the one that applies to you.
We also go after the records that the driver's insurer will not volunteer. Nearby business cameras, phone records that speak to distraction, vehicle data, and the driver's own statements to police all help establish what really happened. Then we document your injuries and losses in the detail an adjuster cannot wave off.
Who Has the Right of Way Under Mississippi Pedestrian Law?
It depends on where you were crossing, and Mississippi splits the rule into two parts. Neither part gives a driver permission to run someone down.
Crossing at a Crosswalk or Intersection
Where traffic signals are absent or not working, a driver must yield to a pedestrian crossing at an intersection in a marked or unmarked crosswalk, under Miss. Code Ann. § 63-3-1103. That same section prohibits a second driver from overtaking and passing a vehicle that has stopped at a crosswalk to let someone cross. A driver who passes a stopped car and strikes a pedestrian has broken a rule written for exactly that situation.
Crossing Somewhere Other Than a Crosswalk
A pedestrian crossing outside a marked or unmarked crosswalk must yield to vehicles on the roadway, under Miss. Code Ann. § 63-3-1105. At adjacent intersections with working signals, crossing anywhere other than a marked crosswalk is not permitted. This is where insurers push hardest, and it is also where they most often overreach.
The Driver's Duty Either Way
Yielding the right of way is not the end of the analysis. Mississippi drivers still owe a duty of due care to avoid hitting a person on foot, which means watching the road, driving at a reasonable speed for the conditions, and sounding a warning when needed. Federal safety guidance from the National Highway Traffic Safety Administration describes several common collision patterns, including backing vehicles and drivers who fail to yield to someone already in a crosswalk.
Does Sharing Fault End Your Claim in Mississippi?
No. Mississippi uses pure comparative negligence under Miss. Code Ann. § 11-7-15, so being partly responsible reduces a recovery by that percentage rather than wiping it out.
This rule comes up in nearly every pedestrian claim because the driver's insurer almost always argues that the pedestrian stepped out, crossed mid-block, or was looking at a phone. Sometimes there is something to that. Far more often, the percentage the adjuster assigns is a negotiating position rather than a finding of fact.
The practical takeaway is simple. Do not accept an adjuster's version of who was at fault, and do not let it talk you out of a call.
Which Insurance Pays When a Pedestrian Is Hit?
The at-fault driver's liability insurance is the first place to look, and it is frequently not enough. Mississippi only requires drivers to carry 25/50/25 in liability coverage, meaning $25,000 per person, $50,000 per crash for bodily injury, and $25,000 in property damage, per the Mississippi Insurance Department.
A pedestrian with a fractured pelvis or a brain injury can exhaust $25,000 during the hospital stay alone. That is why we look past the obvious policy every time.
Other coverage may include uninsured and underinsured motorist benefits on your own auto policy, which can apply even though you were walking, and a commercial or employer policy if the driver was working at the time. Health insurance and medical payments coverage can also help keep treatment moving while the liability claim is pending.
Damages Available in a Delta Pedestrian Injury Claim
A pedestrian claim can seek both the measurable costs of the collision and its human toll. What the claim is worth turns on your injuries, your losses, and the coverage available.
Economic damages include ambulance and emergency care, surgery, hospitalization, rehabilitation, medication, assistive equipment, anticipated future treatment, lost wages, and any lasting reduction in what you are able to earn. Non-economic damages cover physical pain, mental anguish, disfigurement, and the loss of activities that used to fill your days.
Two Delta realities shape these numbers in ways an out-of-town firm can miss. Serious trauma care often means a transfer to Jackson, roughly two hours away, which adds transport costs and travel burdens for the family. Seasonal and agricultural income also takes real work to document properly, and understating it can quietly cost a client more than any other single mistake in the file.
Injuries We See in Greenville Pedestrian Collisions
Pedestrian injuries tend to arrive in clusters rather than one at a time, because a person on foot is usually struck twice: once by the vehicle and once by the ground. That pattern shapes both the medical picture and the claim.
Leg, knee, and pelvic fractures are common from the initial impact, while head and shoulder injuries frequently come from the fall that follows. Internal injuries and spinal injuries can be present without obvious external signs, which is one more reason to be evaluated the same day rather than the next week.
Traumatic brain injuries deserve particular attention. Trouble with memory, concentration, sleep, mood, or noise tolerance can surface days after a collision and may be dismissed as stress, so tell every provider about any head impact or loss of consciousness. Those notes become the backbone of proving a brain injury later.
Why Injured Pedestrians in Washington County Choose Our Firm
Plenty of firms will take a pedestrian case. Fewer of them are down the street from you.
- We have a Greenville office at 440 Main St, Suite 206, and we are part of a statewide firm with six Mississippi locations, so a Delta case gets local handling with real resources behind it.
- Motor vehicle injury work is the core of our practice, which is exactly the skill set a pedestrian claim demands.
- Our phones are answered 24 hours a day, and consultations cost nothing.
- We work on a contingency fee, so an attorney's fee is owed only if we recover money for you.
- We handle the adjusters, the records requests, and the deadlines, and we keep you informed while we do it.
The fastest way to find out whether we can help is to tell us what happened. Call and we will listen.
Related Delta Injury Claims
Pedestrian collisions often arrive alongside other kinds of traffic claims, and the same driver conduct can support more than one theory. If a vehicle occupant was also injured in the same incident, a Greenville car accident lawyer on our team can handle that aspect. We can review every claim arising from a single collision in a single conversation.
FAQs Answered by Our Pedestrian Accident Attorneys in Greenville, Mississippi
Here are the questions Delta pedestrians and their families ask us most. If yours is not covered, call and ask.
What if the driver left the scene?
A hit and run does not automatically end your claim. Uninsured motorist coverage on your own policy often applies to a phantom driver, and investigators can sometimes identify a vehicle through debris, paint transfer, or nearby cameras. Report it to law enforcement right away, because most policies require prompt notice.
Can I bring a claim if I was crossing mid-block?
Often yes. Crossing outside a crosswalk may reduce your recovery under Mississippi's comparative fault rule, but a driver still has to pay attention and avoid a collision they could have avoided. The details of speed, lighting, and visibility usually matter more than the crossing location alone.
What happens if a child was the pedestrian?
Claims involving children are treated differently in several ways. Drivers are expected to anticipate that children behave unpredictably near roads, schools, and parked cars, and Mississippi law also gives minors additional time to bring a personal injury claim. A parent or guardian can pursue the claim on the child's behalf in the meantime.
Do I need my own auto insurance to have a claim?
No. Your right to recover from an at-fault driver does not depend on whether you own a vehicle or carry a policy. Having your own coverage simply gives you an additional place to look if the driver's limits fall short.
How soon should I talk to a pedestrian injury attorney in Washington County?
As soon as you are able. Scene conditions change, security video gets overwritten on a schedule measured in days or weeks, and witnesses become harder to locate. Early involvement is also the simplest way to avoid saying something to an adjuster that gets used against you later.
Will my claim have to go to trial?
Most do not. Many pedestrian claims resolve through negotiation once liability and damages are well documented. We prepare each case as though a jury will hear it, which tends to improve what the insurer is willing to do before that becomes necessary.
What if the pedestrian did not survive?
Mississippi law allows certain family members to bring a wrongful death claim when a pedestrian is killed. Pursuing it is not about money; it is about accountability and about the support a family needs going forward. We handle these matters with the sensitivity they call for.
Talk With a Greenville Pedestrian Accident Lawyer
You were on foot, and someone else was behind the wheel. You should not have to argue with an insurance company about what that means while you are still in a sling.
Richard Schwartz & Associates serves Greenville, Washington County, and the surrounding Delta. We are available 24 hours a day, and consultations are free.
Call or send us your case details, and we will follow up. One call, that's all!