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A Marion County pedestrian accident lawyer often hears the same first question after a car kills someone on foot: who answers for this? When a car hits a pedestrian on Highway 98 in Columbia, the family may have a wrongful death claim against the driver’s insurance. Other coverage, including the family’s own policies, may also apply.
If you or a loved one was hurt, call Chhabra, Gibbs & Gustavis, P.A. at 601-948-8005 for a free consultation; early help protects evidence.
What Happened on Highway 98 in Columbia?
Columbia police officers responded just before 9:30 a.m. on Tuesday, October 13, 2026. A Toyota Avalon struck a pedestrian on U.S. Highway 98, police told WDAM. The victim was an 83-year-old man who was out picking up cans along the highway.
He died at the scene, police said. The driver stayed at the scene and told police he could not see the man because of heavy fog. Medics took the driver to an emergency room, and he agreed to a blood draw. That sample is going to the state crime lab.
Police have not filed charges and said they do not suspect foul play. The Marion County Sheriff’s Department rerouted traffic around the scene. Columbia police continue to investigate, and officials have not released a final cause.
Who Is Responsible When a Driver Hits a Pedestrian in Fog?
Fog does not erase a driver’s duties. Mississippi law requires every driver to use due care to avoid hitting a pedestrian under Miss. Code § 63-3-1112. Drivers must also slow down when a special hazard exists for pedestrians or other traffic, under Miss. Code § 63-3-505.
Investigators usually ask several questions in a case like this. How fast was the car moving? Were the headlights on? How far could a careful driver see that morning? The answers come from the police report, vehicle data, and the scene itself.
Weather can also bring other parties into the picture. Poor lighting or road design sometimes plays a role in pedestrian deaths. Claims tied to a public road carry special rules and short deadlines. A Marion County pedestrian accident attorney can sort out which questions matter here.
Does It Matter Where the Pedestrian Was Walking?
Insurers often raise this point. Mississippi follows pure comparative fault under Miss. Code § 11-7-15. That means a family can still recover even if an insurer argues the pedestrian shared some blame. Any award is reduced by that share, but the claim does not disappear.
This rule matters because insurers sometimes use location or weather to push blame onto the person who died. A careful investigation helps keep the facts straight. Our guide on what to do after a pedestrian accident explains more about these claims.
Who Pays the Family After a Fatal Pedestrian Crash?
The first source is usually the liability coverage on the car. That policy may belong to the driver or the vehicle’s owner. Mississippi’s minimum limits are low, and a death claim can exceed them quickly.
Uninsured and underinsured motorist coverage may help next. A pedestrian can often claim under his own auto policy or a household family member’s policy. Our page on Mississippi pedestrian accident claims covers how these layers fit together.
Mississippi’s wrongful death statute, Miss. Code § 11-7-13, lists who may bring the claim. The order runs through a spouse, children, parents, and siblings. Only one lawsuit is allowed for all heirs, so relatives should coordinate early.
The general deadline is three years under Miss. Code § 15-1-49. Claims against a government entity usually require written notice first under Miss. Code § 11-46-11, and that timeline is much shorter. Exceptions may apply.
Why Contact a Marion County Pedestrian Accident Lawyer Early?
Evidence from a foggy morning fades fast. The weather clears, and nobody can recreate the exact visibility later. Nearby businesses may record over camera footage within days. The car may be repaired before anyone documents the damage.
Many newer cars also store crash data, such as speed and braking just before impact. A lawyer can ask the owner and insurer to preserve the vehicle and that data. A lawyer can also gather weather records and the police file. Our article on evidence that can strengthen an injury claim explains what helps most.
What Should a Family Do After a Highway 98 Pedestrian Crash?
Start by asking Columbia police for the crash report number. Keep funeral bills, medical records, and insurance letters in one folder. Write down the names of anyone who saw the crash or stopped to help. Take photos of the area while the conditions are fresh in your memory.
Do not give a recorded statement to any insurer before getting legal advice. Do not sign a release early. Our Mississippi wrongful death lawyer page explains how these claims usually move forward.
We are sorry for the family and friends of the man who died in Columbia.
Talk With a Marion County Pedestrian Accident Lawyer
CGG Law helps families across south Mississippi after serious crashes. We investigate what happened, preserve evidence, and deal with insurance companies. We also identify every party that may be responsible and pursue compensation when the facts support it. Learn more on our Mississippi car accident lawyer page.
Call CGG Law at 601-948-8005 (toll-free (877) 317-8005) for a free consultation, or reach us through our contact page. Protecting Victims. Pursuing Justice.
This post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Attorney advertising.
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