Mississippi Pedestrian Accident Lawyer

Experienced Pedestrian Accident Attorney in Mississippi

Mississippi is one of the most dangerous states in the country to be a pedestrian. According to the Governors Highway Safety Association (GHSA), Mississippi had the third-highest pedestrian death rate among U.S. states in 2024, and that rate was about 55% higher than in 2019. In the first half of 2024 alone, 56 pedestrians were killed on Mississippi roads.

Nationally, GHSA reported 3,395 pedestrian deaths in just the first six months of 2024. The National Highway Traffic Safety Administration (NHTSA) has found that even a car traveling under 20 mph can kill or seriously injure a pedestrian, and the risk climbs sharply with every mile per hour.

When a driver’s carelessness changes your life in an instant, you need a Mississippi pedestrian accident lawyer who knows how to prove fault and stand up to the insurance company. At Chhabra, Gibbs & Gustavis, P.A., our attorneys have recovered millions of dollars for injured Mississippians and their families. We are ready to put that experience to work for you.

Mississippi Pedestrian Accidents Can Cause Serious Injuries

A pedestrian has no steel frame, airbags or seat belt for protection. Whether you were crossing a street, walking on a sidewalk, jogging along a roadside or loading groceries in a parking lot, the force of a vehicle can cause catastrophic harm. Common pedestrian accident injuries include:

• Traumatic brain injuries (TBI) and concussions from striking the hood, windshield or pavement
• Spinal cord injuries, which can cause partial or full paralysis
• Broken bones in the legs, hips, pelvis, arms and ribs
• Internal injuries and organ damage
• Road rash, burns, scarring and disfigurement
• Psychological trauma, including anxiety and PTSD

In the worst cases, these crashes are fatal. Surviving family members may bring a Mississippi wrongful death claim under Miss. Code Ann. § 11-7-13. If you or a loved one was hurt, you may be able to recover damages from the driver or any other party responsible.

Who Is Most at Risk for Pedestrian Accidents in Mississippi

One of the worst things about pedestrian accidents is the fact that they tend to disproportionately affect the most vulnerable in society:

• Children ages 5–9 are among the most likely to be struck, often near homes, schools and bus stops. Boys are at higher risk than girls.
• Older adults are not hit more often, but they are the most likely to be killed or seriously injured when struck.
• People walking at night. Most pedestrian deaths happen after dark, when drivers have limited visibility.
• People in urban areas such as Jackson, Gulfport and Hattiesburg, where traffic and foot traffic overlap.
• People walking along rural highways without sidewalks or lighting.

Pedestrian accidents in Mississippi can be due to driver inattentiveness, speeding, failure to yield the right of way, failure to obey traffic signals, and failure to signal a left or right turn. Alcohol is a particularly frequent factor: about half of all pedestrian accidents involve either an intoxicated driver or an intoxicated pedestrian. Mississippi Pedestrian accidents can occur anywhere and anytime; however, there are times and locations known to be particularly dangerous: more pedestrian fatalities occur after dark. Most pedestrian accidents occur in urban areas, where there are higher concentrations of pedestrian traffic.

Common Types of Pedestrian Accidents in Mississippi

Our attorneys handle every kind of pedestrian collision, including:

• Crosswalk accidents: drivers who fail to yield at marked or unmarked crosswalks.
• Left-turn and right-turn accidents: drivers who focus on oncoming traffic and miss someone crossing.
• Parking lot and driveway backover accidents: often involving children and older adults.
• Hit-and-run accidents: drivers who flee the scene (see below).
• School zone and bus stop accidents: drivers who ignore school zones or stopped buses.
• Highway shoulder accidents: people struck after a breakdown or while walking along a road with no sidewalk.
• Commercial, rideshare and delivery vehicle accidents: collisions with 18-wheelers, Uber and Lyft drivers, and delivery vans.

Mississippi Pedestrian Laws: Who Has the Right of Way?

Mississippi law sets clear duties for both drivers and pedestrians:

• Crosswalks (Miss. Code Ann. § 63-3-1103): When traffic signals are not in place or not working, drivers must yield to pedestrians in a marked crosswalk or an unmarked crosswalk at an intersection, slowing down or stopping if needed. Drivers may not pass a vehicle that has stopped to let a pedestrian cross.
• Crossing outside a crosswalk (§ 63-3-1105): A pedestrian crossing a road anywhere other than a crosswalk must yield to vehicles.
• Driver’s duty of due care (§ 63-3-1112): No matter where a pedestrian is, every driver must use due care to avoid hitting them. Drivers must sound the horn when needed and take extra care around children and anyone who appears confused or incapacitated.
• Blind pedestrians (§ 63-3-1111): Drivers must take every necessary precaution, including coming to a full stop, for a blind pedestrian crossing at an intersection or crosswalk.

Even if you were not in a crosswalk, a driver who was speeding, distracted or impaired can still be held responsible.

What To Do After a Pedestrian Accident

The steps you take in the hours and days after a crash can protect both your health and your claim:

1. Get to safety and call 911. Move out of the roadway if you can. A police report creates an official record of the crash.
2. Get medical care right away, even if you feel fine. Brain injuries and internal bleeding may not show symptoms for hours or days.
3. Exchange information with the driver: name, phone number, license number, insurance company and policy number.
4. If the driver flees, write down everything you remember: the make, model, color, license plate, a description of the driver, and any damage to the vehicle.
5. Collect evidence if you are able: photos of the scene, the vehicle, traffic signals, crosswalk markings and your injuries; witness names and phone numbers; and the locations of nearby security or traffic cameras.
6. Do not give a recorded statement to the driver’s insurance company or sign anything before speaking with a lawyer.
7. Keep every record: medical bills, receipts, missed-work documentation and a daily journal of your pain and limitations.
8. Call a Mississippi pedestrian accident lawyer as soon as possible so evidence such as video footage can be preserved before it is erased.

Who Can Be Held Liable for a Pedestrian Accident?

In most cases the at-fault driver is responsible, but other parties may share liability and add insurance coverage:

• The driver, for negligence such as distraction, speeding, impairment or failure to yield.
• The driver’s employer, if the driver was working at the time (a delivery driver, trucker or company employee).
• Rideshare companies such as Uber and Lyft, whose insurance policies may apply depending on the driver’s app status.
• Government agencies, for city or state vehicles, or dangerous road design such as missing crosswalks or broken signals. These claims fall under the Mississippi Tort Claims Act and have strict notice rules.
• Property owners, for parking lot accidents caused by poor lighting, design or maintenance.
• Vehicle or parts manufacturers, if a defect such as faulty brakes contributed to the crash.

How Fault Affects Your Claim: Mississippi’s Comparative Negligence Rule

Insurance companies often blame the pedestrian, claiming they were jaywalking, wearing dark clothing or distracted. Under Mississippi’s pure comparative negligence rule (Miss. Code Ann. § 11-7-15), you can still recover compensation even if you were partly at fault. Your award is simply reduced by your percentage of fault.

Example: If your damages total $200,000 and a jury finds you 25% at fault for crossing mid-block, you can still recover $150,000. That is why it is so important to have a lawyer push back against unfair blame.

Hit-and-Run and Uninsured Driver Pedestrian Accidents

According to the AAA Foundation for Traffic Safety, about 1 in 5 pedestrian deaths involve a hit-and-run driver. Many other drivers carry only Mississippi’s minimum liability coverage of $25,000 per person, which rarely covers a serious injury.

You may still have options. Your own auto policy’s uninsured/underinsured motorist (UM/UIM) coverage often protects you as a pedestrian, even if you were not in your car. Coverage may also be available through a household family member’s policy. Our attorneys identify every available policy and handle the claim with your own insurer, who may treat you as an adversary.

Don’t Become a Victim of the Insurance Companies

Insurance companies are businesses, and they protect their profits by paying as little as possible. After a pedestrian accident, an adjuster may:

• Call quickly and ask for a recorded statement they can later use to shift blame onto you
• Offer a fast, low settlement before you know the full extent of your injuries
• Argue that you were jaywalking or distracted to reduce your claim
• Dispute your medical treatment or claim your injuries were pre-existing
• Delay or deny a valid claim, hoping you give up

Once you accept a settlement, you cannot ask for more. Let our team deal with the insurers while you focus on recovering.

Pedestrian Accident Damages

Injured pedestrians in Mississippi may recover several types of damages:

• Economic damages: past and future medical bills, rehabilitation, lost wages, lost earning capacity, and property damage (such as a phone or glasses).
• Non-economic damages: pain and suffering, emotional distress, disfigurement and loss of enjoyment of life. Mississippi generally caps non-economic damages at $1,000,000 (Miss. Code Ann. § 11-1-60).
• Punitive damages: awarded in cases of gross negligence or reckless conduct, such as a drunk or hit-and-run driver, to punish the wrongdoer (Miss. Code Ann. § 11-1-65).
• Wrongful death damages: funeral expenses, the loss of financial support, and the loss of companionship for surviving family members.

What you can recover depends on the severity of your injuries, the available insurance, the evidence of fault and the quality of your legal representation.

FAQs

How Long Do I Have to File a Pedestrian Accident Claim in Mississippi?

In most cases, you have three years from the date of the accident to file a lawsuit under Miss. Code Ann. § 15-1-49. If a government vehicle or agency was involved, the deadline is generally one year, and you must send a written notice of claim at least 90 days before filing. Speak with a lawyer early so evidence is preserved.

Can I Still Recover Compensation if I Was Partly at Fault for the Accident?

Yes. Mississippi follows a pure comparative negligence rule (Miss. Code Ann. § 11-7-15), so you can recover damages even if you were partly to blame, for example for crossing outside a crosswalk. Your compensation is reduced by your percentage of fault. If you were 20% at fault, you can still recover 80% of your damages.

What Happens if a Hit-and-Run Driver Struck Me While Walking?

You may still be compensated through uninsured motorist (UM) coverage on your own auto policy or a household family member’s policy, which often covers you as a pedestrian. Call 911, get medical care, and record any details about the vehicle. A lawyer can work with police to identify the driver and file your UM claim.

Who Has the Right of Way at a Crosswalk in Mississippi?

Pedestrians in a marked crosswalk, or an unmarked crosswalk at an intersection, generally have the right of way when no traffic signal is in operation (Miss. Code Ann. § 63-3-1103). Pedestrians crossing elsewhere must yield to vehicles, but every driver still has a legal duty to use due care to avoid hitting a pedestrian (§ 63-3-1112).

How Much Is My Mississippi Pedestrian Accident Case Worth?

Every case is different. Value depends on your medical costs, lost income, the severity and permanence of your injuries, your share of fault and the available insurance. You may recover economic damages, non-economic damages (generally capped at $1 million in Mississippi) and, in cases of reckless conduct, punitive damages. A free case evaluation can estimate your claim’s value.

How Long Do You Have to File a Pedestrian Accident Claim in Mississippi?

• Most claims: three years from the date of the accident (Miss. Code Ann. § 15-1-49).
• Claims against a government entity (such as a city bus or police vehicle): generally one year, and you must file a written notice of claim at least 90 days before suing (Miss. Code Ann. § 11-46-11).
• Injured children: the deadline may be paused until the child reaches adulthood, but evidence fades quickly, so families should act right away.

Missing a deadline can bar your claim permanently. Contact us as soon as possible so we can protect your rights.

We Work for You

As a pedestrian accident victim, you have rights. If your accident was caused by another driver’s negligence, you have a right to recover your medical bills, lost wages, and property damage from the accident. Don’t let the insurer pay less than what your accident is worth. Chhabra, Gibbs & Gustavis, P.A. is an experienced Mississippi pedestrian accident law firm, and they know how to deal with insurance companies. Let us represent your interests – call today for a free consultation.