According to the National Highway Traffic Safety Administration, more than 7,000 pedestrians were killed in accidents involving motor vehicles in 2020. If you find yourself in the unfortunate situation of being in a pedestrian accident, it is important to know what to do next.
Seek Medical Attention
First and foremost, it is crucial that you seek medical attention immediately, even if you feel like your injuries are minor. It is always better to be safe than sorry, and some injuries may not be immediately apparent. Once you have made sure that your health is taken care of, you can start to focus on building your case.
If you are able, take pictures of the damage to your body and clothing as well as any damage done to the car that hit you. If there are any witnesses, get their names and contact information so that they can be called upon later if necessary. Call the police and wait for them to arrive on the scene. The officer will create an accident report which can be used as evidence later on.
File a Claim with The Insurance Company
The next step is filing a claim with the at-fault driver’s insurance company. You will most likely have to deal with an insurance adjuster who will try to get you to accept a settlement that is much lower than what you are actually entitled to. Do not sign anything or agree to anything without consulting with a personal injury lawyer first.
Get in Touch with a Personal Injury Attorney
You should get in touch with an experienced Gulfport pedestrian accident attorney who will help guide you through every step of this process and make sure that you are fairly compensated for your injuries.
You May Be Able to File a Personal Injury Lawsuit
Being involved in any kind of accident is a traumatic experience. But if you were hit by a car while walking or crossing the street, the physical and emotional toll can be especially devastating. In addition to physical injuries, you may also suffer financial losses in the form of medical bills, lost wages, and property damage. If the accident was caused by someone else’s negligence, you may be able to file a personal injury lawsuit to recover damages.
The type and amount of damages you can recover in a personal injury lawsuit will depend on the facts of your case. You could be entitled to economic and noneconomic damages. Economic damages are objective losses such as medical bills and lost wages. Noneconomic damages are subjective losses such as pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, you may also be able to recover punitive damages, which are designed to punish the at-fault party for particularly egregious conduct.
What if I Was Partially at Fault for the Accident?
In Mississippi, you can still recover damages in a personal injury lawsuit even if you were partially at fault for the accident. However, your recovery will be reduced by your degree of fault. For example, let’s say you were crossing the street outside of a crosswalk when you were hit by a car. The jury finds that you were 25% at fault for the accident and awards you $10,000 in damages. However, since you were partially at fault, your total recovery would be reduced by 25% to $7,500.
If you were involved in a pedestrian accident, we can evaluate your case and help you with your next steps. Contact our Gulfport personal injury lawyers today to schedule a free consultation.