Walking around Jackson is a part of daily life. Whether you're exploring the shops in Fondren, crossing busy intersections in Downtown Jackson, or enjoying a calm stroll through LeFleur's Bluff State Park, you deserve to feel safe. Unfortunately, accidents can happen, often turning a quick walk into a life-altering event. Careless or distracted drivers can put pedestrians like you at serious risk, leading to injuries that are not just physically painful but also emotionally and financially overwhelming.
If you’ve been hurt in a pedestrian accident here in Jackson, you’re likely facing mounting medical bills, lost income, and the frustrating burden of figuring out how to hold the responsible party accountable. It can feel unfair and frustrating. But there’s hope.
A dedicated Jackson pedestrian accident lawyer from Richard Schwartz & Associates can help you understand your rights and fight for the compensation you deserve. You’ve been through enough already, but help is just a call away. Contact us today for a free consultation to discuss your case and legal options.
Why Choose Richard Schwartz & Associates for Your Jackson, Mississippi Pedestrian Accident Claim
If you or a loved one has been struck by a motor vehicle while walking, you need experienced, compassionate representation that fights for you every step of the way. At Richard Schwartz & Associates, we understand how a pedestrian accident can ripple through every aspect of your life. That's why we're here to support you in every way possible. Here’s what sets our team apart:
- Results That Speak for Themselves: With over 40 years of experience, we’ve successfully recovered more than $1 billion for our clients. Our track record shows that we know how to hold negligent parties accountable and maximize compensation for your unique circumstances.
- A Deep Commitment to Mississippi Communities: We’re not just your legal advocates—we’re also your neighbors. With offices across Mississippi, we’re dedicated to standing up for those in our communities, whether you’re in Jackson, Tupelo, or beyond.
- Accessible and Compassionate Support: We know how overwhelming this time can be, which is why we’re available 24/7 to answer your questions and provide guidance the moment you need it. Your case is personal to us, and we’re committed to fighting for your best interests.
- Free Case Evaluations: Unsure whether you have a case? We offer free consultations to help you understand your options, so there’s no risk in reaching out. A brief discussion can help illuminate the path forward.
Choosing the right legal team matters. When you partner with Richard Schwartz & Associates, you’re choosing fierce advocates who will tirelessly pursue the justice and compensation you deserve. You don’t need to do this on your own—we’re here to lighten your load, handle the legal details, and keep your recovery the priority.
Do I Have a Pedestrian Accident Case?
One of the most common questions following an accident is whether you have a valid claim. At the core of most pedestrian accident lawsuits lies negligence. Simply put, negligence refers to the failure to act in a reasonably careful manner, leading to harm. Understanding negligence and how it applies to your situation is key to determining whether you can pursue a claim.
To establish a successful pedestrian accident case, four elements need to be proven:
- Duty of Care: First, it must be shown that the driver owed you a duty of care. Drivers inherently owe this to pedestrians when operating their vehicles. For example, they are expected to follow traffic laws, remain alert, and take necessary precautions to avoid collisions.
- Breach of Duty: Next, you must demonstrate that the driver failed to uphold their duty of care. This could involve speeding, ignoring a crosswalk, driving under the influence, or texting while driving. Such actions indicate the driver was not acting responsibly or safely.
- Causation: Once a breach of duty is identified, you’ll need to show that it directly caused your injuries. Proving causation often involves linking the driver’s behavior with the harm you suffered. For example, if a distracted driver ran a red light and struck you in a marked crosswalk, this demonstrates a clear connection between their negligence and your injury.
- Damages: Lastly, you need to prove that the accident caused you measurable damages. These may include medical expenses, lost wages, pain and suffering, or even long-term disability.
If all four elements are present, you likely have a strong pedestrian accident claim. However, every case is unique, and small details can make a big difference. That’s why it’s important to consult an experienced personal injury lawyer who can carefully examine your case, guide you through the process, and fight tirelessly for the justice you deserve.
What Duty Do Motorists Owe to Pedestrians?
Mississippi’s roads are shared spaces where both drivers and pedestrians must act responsibly to ensure safety. However, because motor vehicles can cause significant harm, drivers carry a heavier responsibility. Here’s what you need to know:
Drivers’ Responsibilities
Motorists are legally required to operate their vehicles with care, prioritizing the safety of pedestrians. Responsibilities include:
- Yielding at Crosswalks: Drivers must stop and allow pedestrians to cross safely at marked crosswalks.
- Obeying Traffic Laws: This includes adhering to speed limits, stopping at red lights and stop signs, and avoiding reckless or distracted driving.
- Remaining Alert: Drivers should always scan for pedestrians, especially in areas without marked crosswalks or during poor visibility conditions.
- Avoiding Dangerous Behavior: Actions like texting while driving, speeding, and driving under the influence significantly increase the risk of harm to pedestrians.
Pedestrians’ Responsibilities
While drivers bear primary responsibility for pedestrian safety, pedestrians also have obligations to ensure their own well-being:
- Using Crosswalks and Sidewalks: Walkers should use designated crosswalks and sidewalks whenever possible. When sidewalks aren't available, pedestrians should walk on the side of the road facing traffic.
- Following Traffic Signals: Observing walk signals and waiting for a green light to cross is critical for pedestrian safety.
- Staying Aware of Surroundings: Avoid distractions like texting or listening to loud music while crossing streets.
Even if a pedestrian makes a mistake, such as jaywalking, it doesn’t absolve a driver of their responsibility to stay vigilant. Both motorists and pedestrians play a role in fostering safety on Mississippi’s roads.
What if I’m Partly to Blame for My Accident?
It’s not uncommon to wonder, “What if I was partially responsible for my accident?” Maybe you crossed outside of a crosswalk, wore dark clothing at night, or were distracted while walking. While these actions might contribute to the accident, they don’t necessarily bar you from recovering compensation for your injuries.
Mississippi follows a system called pure comparative negligence, which allows victims to seek compensation even if they are partially at fault for their own injuries. Under this rule, your total compensation would simply be reduced by the percentage of fault assigned to you. For example, if you were found to be 20% at fault, you would still be eligible to recover 80% of the damages.
This system ensures that you can still secure financial relief, even if the accident circumstances weren’t entirely in your favor. Don’t assume you’re ineligible for compensation without first consulting a skilled pedestrian accident lawyer. An experienced attorney can evaluate the details of your case, advocate on your behalf, and work to minimize any fault attributed to you.
Should I Accept the Insurance Company’s First Offer?
After a pedestrian accident, you might be approached by an insurance company with what seems like a quick and generous settlement offer. While it may feel tempting to accept this and put the whole ordeal behind you, it’s important to take a step back and consider the bigger picture.
Insurance companies are businesses, and their primary goal is to protect their bottom line, not ensure you get the compensation you deserve. Often, the first offer they present is far lower than what your claim is actually worth. They use various tactics to convince you to settle quickly, such as downplaying the severity of your injuries or pressuring you to accept before you fully understand the extent of your damages.
Speaking with an experienced pedestrian accident attorney before accepting any settlement offer can make all the difference. A lawyer will carefully evaluate the true value of your claim, considering not only your current medical bills but also future treatment costs, lost wages, pain and suffering, and any other damages. Don’t leave money on the table by settling for less than you’re owed. Consulting a skilled legal advocate ensures that your rights are protected and that the insurance company can’t take advantage of you.
Potential Damages Available in an Accident Claim
A pedestrian accident can leave you with physical pain, emotional trauma, and financial struggles. Filing a personal injury claim allows you to seek compensation for the losses you’ve endured. The damages you may recover in a pedestrian accident case can include:
- Medical Expenses: This includes costs for emergency care, hospital stays, surgeries, physical therapy, medications, and any ongoing treatment you may require.
- Lost Income: If your injuries prevent you from working temporarily or permanently, you may be entitled to compensation for the income you’ve lost as a result of the accident.
- Pain and Suffering: Physical pain, emotional distress, and the impact of the accident on your overall quality of life can be factored into your claim.
- Property Damage: If personal items, like your phone or glasses, were damaged in the accident, you might be reimbursed for their repair or replacement.
- Wrongful Death Damages: If you lost a loved one in a pedestrian accident, you might be able to pursue a wrongful death claim. This can cover funeral expenses, loss of companionship, and other related losses.
By working with an experienced pedestrian accident lawyer in Jackson, you can ensure that every aspect of your damages is fully accounted for, maximizing your compensation.
What is the Deadline for Filing a Pedestrian Accident Lawsuit in Jackson, Mississippi?
One crucial factor to be aware of when pursuing a pedestrian accident claim is the statute of limitations, which is the legal deadline for filing your lawsuit. Under Mississippi law, you generally have three years from the date of the accident to file a personal injury claim.
If you don’t file your lawsuit within this timeframe, you may lose your right to pursue compensation altogether. While three years might sound like plenty of time, the process of building a strong case can take months. Evidence deteriorates, memories fade, and witnesses become harder to locate as time passes. This is why it’s so important to contact a qualified attorney as soon as possible. Acting promptly allows your lawyer to gather the necessary evidence, handle legal filings, and position your case for the best possible outcome.
How Much Does a Lawyer Cost in Jackson?
One of the most common concerns about hiring a lawyer is the cost. At Richard Schwartz & Associates, we don’t want financial worries to stand in the way of getting the help you need. That’s why we work on a contingency fee basis for personal injury cases. This means:
- You Don’t Pay Upfront Costs: There are no upfront fees to retain our services.
- We Only Get Paid if You Win: If we don’t secure compensation for you, you owe us no attorney’s fees.
- Our Fee Is a Percentage of Your Recovery: Once we successfully recover compensation for you, our fee will be a portion of that amount.
This arrangement ensures that quality legal representation is accessible to everyone, regardless of their financial situation.
Contact Our Experienced Jackson Pedestrian Accident Lawyers for a Free Consultation Today
If you’ve been injured in a pedestrian accident, you don’t have to face the challenges ahead on your own. Our team at Richard Schwartz & Associates is here to guide you every step of the way, offering compassionate support and vigorous advocacy.
Here’s how we can help you:
- Conduct a thorough investigation of your accident to establish liability and build a strong case.
- Negotiate aggressively with insurance companies to ensure you receive the full compensation you’re entitled to.
- Represent you in court if a fair settlement can’t be reached, fighting tirelessly for your best interests.
Your recovery and well-being are our top priorities. Contact us today at (601) 800-5559 or through our online form for a free case consultation and begin your journey toward securing the compensation and justice you deserve.