Harrison County Pedestrian Accident Lawyer
All drivers in Harrison County and throughout the State assumes a duty whenever they get behind the wheel. This duty is to operate their vehicles in a way that does not place other people at an unnecessary risk of harm. While in many ways, driving is an inherently dangerous activity, certain rules of conduct and traffic laws aim to make driving less risky.
A driver who fails in his or her duty and causes an accident is liable to provide compensation for any resulting damage. This extends towards pedestrians who may suffer injuries in these incidents. A claim for compensation could include payments for medical bills, lost wages, pain and suffering, and emotional trauma, as well as other damages.
A Harrison County pedestrian accident lawyer may be able to help you or a loved one pursue your civil claim. A qualified personal injury attorney could work to explain the law as it applies to your case, gather evidence that points to a defendant’s negligence, and use that evidence to demand proper compensation.
Proving a Claim Based upon Negligence
Every collision that occurs between a driver and a pedestrian is someone’s fault. However, it is always impossible to assume that a driver is to blame. As with all other personal injury claims that center on allegations of negligence, a plaintiff bears the burden of proving that a defendant is at fault. Mississippi Code § 11-7-15 requires courts to use a legal concept of pure comparative negligence. This means that a court evaluates the actions of all parties in an accident and assigns blame accordingly. If a court believes a pedestrian to be partially at blame, that court must reduce that plaintiff’s compensation by that percentage.
A Harrison County pedestrian accident lawyer could help demonstrate that a defendant driver was responsible for the incident. This includes gathering evidence of:
- Driving at night without headlights
- Failing to yield to a pedestrian in a crosswalk
- Not stopping at a red light or stop sign
- Driving distracted, for instance by texting while driving
- Driving while intoxicated
An attorney could also work to defeat any insurance company’s allegations of comparative negligence that would limit an award of compensation.
Establishing the Value of a Claim
Once a plaintiff proves that a defendant was negligent, he or she can demand full and complete compensation for his or her losses. The purpose of any personal injury claim is to place the plaintiff in the position that he or she was prior to the incident –to make them whole. While this is impossible from a practical point of view, a claim should aim to cover all a plaintiff’s damages.
Of course, the claim often centers on a physical injury. Common examples of these injuries in pedestrian accident claims include broken bones, separated joints, and traumatic brain injuries. All claims will demand payments for all necessary medical care associated with these losses.
However, it is a rare pedestrian who suffers only physical harm. Many people also lose income from being left unable to work. Whether this involves missing a few shifts while making a recovery or permanent loss of work ability due to a permanent disability, a liable defendant is responsible for providing compensation.
Lastly, and most importantly, most of the injuries associated with pedestrian accidents are also sources of physical pain and emotional trauma. Pain, suffering, flashbacks, and PTSD could all be compensable conditions if a plaintiff is able to connect their onset to the accident. A Harrison County pedestrian accident lawyer could work to measure an individual’s losses and to demand full and complete compensation.
A Harrison County Pedestrian Accident Lawyer Could Assist
A Harrison County pedestrian accident lawyer may be able to help you. An attorney could work to gather evidence from the scene of the accident, talk to witnesses, and form demand packages that make a persuasive case for compensation. There is a limited time following the accident to act. Contact us today to give yourself the best chance for success. Consultations are completely free, so call immediately.