Pedestrians Are Especially Vulnerable
When a vehicle strikes a person on foot, there is no protection between the pedestrian and thousands of pounds of metal. Even low-speed impacts can cause broken bones, internal injuries, traumatic brain injury, and death. Mississippi's mix of busy downtowns, highway-adjacent neighborhoods with few sidewalks, and limited nighttime lighting on rural roads all increase the danger.
Drivers have a duty to watch for and yield to pedestrians, particularly in crosswalks and intersections. Distracted, speeding, and impaired drivers who fail in that duty can be held liable.
Sorting Out Fault and Insurance
Drivers and their insurers often try to shift blame onto the pedestrian — claiming the person 'darted out' or crossed outside a crosswalk. Mississippi follows a pure comparative negligence rule, so you can recover compensation even if you were partly at fault — your award is simply reduced by your percentage of fault. As long as you are not found 100% to blame, you can still recover. That means even a pedestrian who was partly at fault can still recover. An investigation of the scene, vehicle data, and witness accounts can establish what really happened.
Compensation may come from the driver's liability policy and, in some cases, from the pedestrian's own auto insurance through uninsured/underinsured motorist coverage.
Compensation for Pedestrian Victims
Because pedestrian injuries tend to be severe, the available compensation can be substantial: emergency and ongoing medical care, rehabilitation, lost income, diminished earning capacity, and pain and suffering. Our network attorneys fight to recover the full value of these claims.
Injured in Mississippi? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Likely yes. Under pure comparative negligence, you can recover even if partly at fault, with your award reduced by your share. The driver's negligence still matters.
Your own uninsured/underinsured motorist coverage may apply even though you were on foot. An attorney can identify all available coverage.
Generally three years from the date of the incident under Miss. Code § 15-1-49.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Mississippi attorney.