Whether you were enjoying a walk through Jackson's vibrant Fondren Arts District or crossing a street in downtown Tupelo, being injured by a negligent driver can leave you feeling frightened and unsure of what to do next. The physical pain is only the beginning. You are likely now dealing with a mountain of medical bills, confusing calls from insurance adjusters, and the immense stress of being unable to work and provide for your family. You may feel lost and not know where to turn for help.
At Richard Schwartz & Associates, we understand the trauma you are enduring. For over 40 years, our firm has been a source of strength and guidance for injured people across Mississippi. We are here to listen to your story with compassion, protect your rights with dedication, and fight for justice. Your recovery—physical, emotional, and financial—is our primary focus. Let a dedicated Mississippi pedestrian accident lawyer from our team lift the legal burden from your shoulders so you can concentrate on healing.
Why Choose Richard Schwartz & Associates for Your Mississippi Pedestrian Accident Claim
When you’re choosing a law firm to represent you after a devastating accident, you need more than just a lawyer; you need a team of allies who see you as a person, not a case number. At Richard Schwartz & Associates, our roots run deep in the communities we serve, from Jackson to Hattiesburg and across the state, and our care for you extends far beyond the courtroom.
Here’s what sets us apart:
- A Legacy of Success: Our firm has recovered over $1 billion in compensation for our clients. This isn't just a number; it represents thousands of lives we have helped rebuild. It’s a testament to our skill, dedication, and unwavering commitment to securing the maximum possible compensation for every client.
- Decades of Focused Experience: With over four decades of experience, our personal injury attorneys have an intimate understanding of Mississippi traffic laws and the tactics insurance companies use to undervalue claims. We know how to build a powerful case designed for success.
- Unwavering Compassion: We are a firm comprised of knowledgeable and caring people. We know you are going through one of the most difficult times of your life. We promise to treat you with the respect, empathy, and dignity you deserve every step of the way.
- Mississippi’s Law Firm: We are proud to be recognized as one of the top personal injury firms in the state. With offices in Jackson, Tupelo, Hattiesburg, Meridian, Columbus, Greenwood, and Greenville, we are always close by. No matter where you are in Mississippi, we are ready to fight for you. Your fight is our fight.
Choosing us means putting a powerhouse of experience and resources in your corner. Contact us today to discuss your case and legal options during a free, no-obligation consultation.
What Duty Do Motorists Owe to Pedestrians
In Mississippi, the law recognizes that a collision between a multi-ton vehicle and a person on foot will almost always result in catastrophic harm to the pedestrian. Because of this inherent vulnerability, drivers of cars, trucks, and motorcycles have a heightened legal responsibility, known as a “duty of care,” to watch for and protect pedestrians.
This duty requires them to follow all traffic laws and operate their vehicle as a reasonably careful person would under similar circumstances. Specific obligations motorists owe to you, the pedestrian, include:
- Yielding the Right-of-Way: Drivers must yield to pedestrians in marked crosswalks. If traffic signals are present, they must obey them, stopping for red lights to allow pedestrians to cross safely.
- Stopping for School Buses: Drivers must stop for school buses with flashing red lights and an extended stop arm, as children are likely to be crossing the street.
- Exercising Due Care: This is a broad but critical duty. Even if a pedestrian is not in a marked crosswalk, drivers are not absolved of responsibility. They must remain vigilant, scan the road ahead, and be prepared for unexpected situations, such as a person stepping out from between parked cars.
- Avoiding Distractions: A driver’s full attention should be on the road. This means refraining from texting, talking on the phone, adjusting the radio, eating, or engaging in any other activity that takes their eyes, hands, or mind off the task of driving safely.
- Adjusting for Conditions: A reasonable driver adjusts their speed and awareness for weather (like rain or fog), road conditions, and the time of day. In areas with high foot traffic, such as near parks, shopping centers, or schools, they should be especially cautious.
When a driver violates this duty of care through negligence or recklessness and you are injured as a result, they can and should be held legally responsible for the harm they have caused.
What if I’m Partly to Blame for My Injuries?
It’s a common worry. Perhaps you were crossing the street outside a designated crosswalk (sometimes called “jaywalking”), or you were distracted by your phone for a moment. You might be concerned that because your own actions contributed to the accident, you have no right to seek compensation. In Mississippi, this is not true.
Mississippi operates under a legal rule known as pure comparative negligence. This rule is one of the most favorable for accident victims in the entire country.
Here’s how it works: After an accident, a court (or the insurance companies during negotiations) will determine the total amount of your damages. Then, they will assign a percentage of fault to each party involved. While drivers of powerful motor vehicles often bear the majority of the fault, it’s possible for a pedestrian’s actions to contribute.
Under the pure comparative negligence rule, you can still recover compensation even if you are found partially at fault. Your total compensation award is simply reduced by your percentage of fault. For example, if you’re found to be 20% at fault, you can still recover 80% of your damages.
Do not let the insurance company convince you that you have no case because you might share some blame. Their goal is to pay you nothing. Our goal is to ensure the law is applied fairly and that you receive every dollar you are rightfully owed.
Should I Accept the First Offer from the Insurance Company?
Shortly after your accident, you will likely receive a call from the at-fault driver’s insurance adjuster. They may sound friendly, sympathetic, and eager to help. They might even make a quick settlement offer, telling you it’s the best way to put this behind you and get money in your pocket quickly. You must be extremely cautious.
It is almost never in your best interest to accept the first settlement offer.
You need to understand the insurance adjuster’s role. They are not your advocate. Their job is to protect their company’s profits by minimizing payouts on claims. The first offer they make is almost always a lowball amount, calculated to be just enough to make you go away before you realize the true value of your claim.
Here’s why accepting that early offer is so dangerous:
- You Don’t Know the Full Extent of Your Injuries: In the days and weeks after an accident, the full scope of your injuries may not be apparent. If you settle too early, you cannot go back and ask for more money when you later discover you need surgery or long-term physical therapy.
- The Offer Won’t Cover Future Costs: The initial offer will likely cover your emergency room bill and maybe a few days of lost work, but it will not account for future medical needs, lost earning capacity if you can’t return to your old job, or the immense non-economic damages you’ve suffered.
- You Give Up Your Rights: Once you accept a settlement and sign a release, you give up your right to pursue any further compensation for this accident, forever.
Before you speak to an adjuster or sign any paperwork, please contact us. Our experienced lawyers can handle all communications with the insurance company for you. We will conduct a thorough investigation, work with your doctors and other experts to calculate the full, long-term cost of your injuries, and negotiate aggressively for a settlement that is fair and just.
Compensation Available in a Mississippi Pedestrian Accident Lawsuit
No amount of money can truly undo the trauma of being hit by a car. However, securing fair compensation is essential for relieving the financial burdens placed on you and your family, ensuring you have access to the best possible medical care, and providing a sense of justice and accountability.
In a Mississippi pedestrian accident claim, you can seek compensation for all of your accident-related losses. These losses may include:
- All Medical Expenses: This covers everything from the initial ambulance ride and emergency room treatment to hospital stays, surgeries, prescription medications, and doctor’s appointments.
- Future Medical Costs: For serious injuries, recovery is a long process. We fight to secure compensation for anticipated future needs, such as physical and occupational therapy, rehabilitation, in-home nursing care, and necessary medical equipment like wheelchairs or home modifications.
- Lost Wages or Income: Compensation for the paychecks you missed while you were unable to work during your recovery.
- Loss of Earning Capacity: If your injuries are permanent and prevent you from returning to your previous job or working at all, we will fight for compensation for the income you will lose over the course of your lifetime.
- Pain and Suffering: Compensation for the physical pain, discomfort, and general suffering your injuries have caused.
- Emotional Distress: This includes compensation for the psychological impact of the accident, such as anxiety, depression, fear, insomnia, and post-traumatic stress disorder (PTSD).
Our compassionate attorneys will take the time to understand the full impact this accident has had on every aspect of your life to ensure we are fighting for a settlement that truly reflects all you have lost.
Mississippi Pedestrian Accident FAQs
After a traumatic accident, it’s natural to have countless questions. Below are some of the most common questions our pedestrian accident clients ask.
How long do I have to file a pedestrian accident lawsuit in Mississippi?
In Mississippi, the time limit for filing a personal injury lawsuit, known as the statute of limitations, is generally three years from the date of the accident. While this may seem like a long time, it is crucial to act quickly. Evidence can disappear, witness memories can fade, and building a strong case takes time. If you miss this three-year deadline, you will likely lose your right to seek compensation forever.
What happens if I was injured by a hit-and-run driver?
Being the victim of a hit-and-run is incredibly frightening and frustrating. However, you may still have options for compensation. We can help you explore whether your own auto insurance policy includes Uninsured/Underinsured Motorist (UM/UIM) coverage, which can be used to cover your damages in a hit-and-run scenario. Our investigative team will also work tirelessly to try and identify the driver, reviewing traffic camera footage and seeking public assistance if necessary.
How much does it cost to hire a pedestrian accident lawyer?
At Richard Schwartz & Associates, we believe everyone deserves access to justice, regardless of their financial situation. That is why we handle all personal injury cases on a contingency fee basis. This means you pay us absolutely nothing upfront. You only pay us attorney’s fees if and when we successfully recover compensation for you. If we don’t win your case, you owe us no
Contact Our Trusted Mississippi Pedestrian Accident Lawyers Today
The road to recovery after a pedestrian accident can be long and challenging. The compassionate and experienced legal team at Richard Schwartz & Associates can handle the legal complexities of your case and fight for the full and fair compensation so you can heal and rebuild your life. We have helped thousands of families across Mississippi, and it would be our honor to help yours.
Your fight is our fight. Let us put our legacy of success, our deep community roots, and our unwavering commitment to our clients to work for you. We are available 24 hours a day, 7 days a week, because we know that tragedy doesn’t keep business hours.
Contact us today at (601) 800-5559 or through our online form for a free, no-obligation case evaluation. Let us show you how we can help.