Jackson MS Pedestrian Accident Lawyer | Southern Injury Attorneys
By: Southern Injury Attorneys Legal Team | Updated: October 2025
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Hurt as a Pedestrian in Jackson? Here's Exactly What to Do in the First 24 Hours
Critical First Steps:
Mississippi has the highest traffic fatality rate in the United States (22.2 per 100,000), and Jackson ranks #5 nationally for pedestrian deaths (7.4 per 100,000). If you’ve been hit by a car in Jackson:
✅ Call 911 — Get medical help and police immediately✅ Go to UMMC — Mississippi’s only Level I Trauma Center (2500 N State St)✅ Document everything — Photos of scene, vehicle, injuries, witnesses✅ Get driver’s insurance info — Name, policy number, license plate✅ Don’t talk to insurance adjusters — They will use it against you✅ Call (601) 265-1664 — Free consultation before signing anything
Mississippi law gives you 3 years to file a claim (MS Code § 15-1-49), but evidence disappears fast. Act now.
Jackson Office — Free 24/7 Consult
(601) 265-1664
2614 Southerland Dr., Suite 200, Jackson, MS 39216 | Available 24/7 — Free Consultation💰 No Fee Unless We Win
Service Areas: Jackson, Hinds County, Rankin County, Madison County, Pearl, Flowood, Brandon, Ridgeland, Madison, Clinton, Byram
Table of Contents
Quick Answer: What to Do After a Jackson Pedestrian Accident
If you are injured in a Jackson pedestrian accident, taking the right steps immediately can protect both your health and your legal rights. Mississippi has the highest traffic fatality rate in the United States, and pedestrian accidents often result in catastrophic injuries requiring immediate medical attention and legal intervention.
Follow these critical steps:
- Call 911 immediately for medical help and police response. Even if you feel your injuries are minor, internal trauma and head injuries may not be immediately apparent.
- Document the scene with photos if you are physically able. Capture images of the vehicle, your injuries, skid marks, traffic signals, crosswalk markings, and the surrounding area.
- Get the driver’s insurance information and witness contacts. Collect the driver’s name, contact information, insurance company, policy number, and license plate. Ask witnesses for their names and phone numbers.
- Seek medical attention at UMMC (University of Mississippi Medical Center), Mississippi’s only Level I Trauma Center, even if injuries seem minor. Some serious injuries, including traumatic brain injuries and internal bleeding, may not show symptoms immediately.
- Contact a Jackson pedestrian accident lawyer before speaking to insurance companies. Insurance adjusters will attempt to minimize your claim or shift blame to you. Having an attorney protects your rights from the start.
- Do NOT sign anything or accept quick settlement offers. Insurance companies often pressure injured pedestrians into accepting inadequate settlements before the full extent of injuries is known.
Call Southern Injury Attorneys at (601) 265-1664 for a free consultation. We handle all pedestrian accident cases on a contingency fee basis—you pay nothing unless we win your case.
Mississippi Leads Nation in Traffic Fatalities: Jackson's Pedestrian Safety Crisis
Walking in Jackson, Mississippi, is one of the most dangerous activities a person can undertake. Mississippi holds the grim distinction of having the highest traffic fatality rate in the entire United States, with 22.2 deaths per 100,000 residents. For pedestrians specifically, the danger is even more acute. Mississippi ranks among the top two states nationally for pedestrian fatality rates per capita, and Jackson itself ranks #5 nationally among cities for pedestrian fatalities, with 7.4 pedestrian deaths per 100,000 people.
These are not just statistics—they represent real people: mothers, fathers, children, and grandparents who were simply trying to cross the street, walk to work, or navigate their own neighborhoods. The pedestrian safety crisis in Jackson and throughout Mississippi has reached emergency levels, and victims need experienced legal advocates who understand the unique dangers and legal landscape of Mississippi pedestrian law.
Key Statistics at a Glance
Mississippi Statewide:
- Highest traffic fatality rate in US: 22.2 per 100,000 residents
- Pedestrian fatality rate: 1.94 per 100,000 (2nd highest nationally, 2024 H1)
- 57 pedestrian deaths in first half of 2024 (26% increase vs. 2023)
- Overall traffic fatality rate: 1.79 per 100 million VMT (highest in US)
Jackson Specifically:
- Ranks #5 nationally for pedestrian fatalities
- 7.4 pedestrian deaths per 100,000 people
- Five pedestrian-vehicle incidents on I-55 in 2024 alone (two fatal)
- $19.9 million federal grant secured for I-55 pedestrian safety improvements
National Context:
- 7,148 projected pedestrian deaths in 2024 (GHSA)
- Pedestrians account for 18% of all traffic fatalities
- 75% of pedestrian fatalities occur at non-intersection locations
Dangerous Roads and Intersections in Jackson
Jackson’s roadway design prioritizes vehicle speed and throughput over pedestrian safety. The city’s major arterial roads—State Street, Capitol Street, High Street, and the I-55 corridor—are particularly hazardous for pedestrians.
State Street carries high volumes of traffic at dangerous speeds through downtown Jackson. The intersection of State Street and Capitol Street is known as one of Jackson’s most dangerous for pedestrian-vehicle conflicts.
Capitol Street sees frequent pedestrian-vehicle accidents, with recent reports documenting pedestrians being struck by vehicles that lost control.
High Street features numerous pedestrian crossings but inadequate infrastructure to protect those crossing. The combination of vehicle speed, multiple lanes, and limited pedestrian refuge areas creates a deadly environment.
The I-55 frontage roads have become particularly notorious for pedestrian fatalities. In 2024 alone, there were five pedestrian-vehicle incidents on I-55 frontage roads, including two fatalities. These incidents prompted federal action, with the U.S. Department of Transportation awarding a $19.9 million federal grant to the Mississippi Department of Transportation (MDOT) in January 2025 to fund critical pedestrian safety improvements along the I-55 corridor.
The I-55 grant will fund ADA-compliant sidewalks on the East and West I-55 frontage roads, marked pedestrian crossings, safety signage, crossing push buttons and displays, improved lighting, glare screen fencing, raised medians with pedestrian refuge islands, and new pedestrian facilities on County Line Road and Briarwood Drive over the interstate.
Other dangerous areas include Lakeland Drive (MS-25), Woodrow Wilson Avenue, and the Jackson Medical Mall area.
Why Jackson Is So Dangerous for Pedestrians
Jackson’s pedestrian safety crisis stems from multiple interconnected factors:
- Car-centric infrastructure designed for vehicle speed, not pedestrian safety
- Lack of continuous sidewalks forcing pedestrians to walk in roadways
- High vehicle speeds on arterial roads (35-45 mph posted, often exceeded)
- Inadequate crosswalk markings and signals
- Poor lighting contributing to 75%+ of pedestrian fatalities occurring at night
- Disproportionate impact on low-income communities and communities of color
- Hit-and-run rate of 6.6% for pedestrian fatalities in Mississippi
Southern Injury Attorneys: Your Advocates in Jackson’s Pedestrian Safety Crisis
If you or a loved one has been injured in a pedestrian accident in Jackson, you need attorneys who understand both the legal framework and the local context of Mississippi’s pedestrian safety crisis. Southern Injury Attorneys has a proven track record of representing pedestrian accident victims throughout Mississippi, and our team includes Attorney Ethan D. Sandifer, who is licensed to practice in Mississippi.
We understand Mississippi’s pedestrian laws, including drivers’ duties to yield at crosswalks, the state’s pure comparative fault system, and the three-year statute of limitations for personal injury claims. We know the dangerous intersections, the common tactics insurance companies use to deny claims, and the evidence needed to prove driver negligence.
Call (601) 265-1664 for a free consultation. We handle all pedestrian accident cases on a contingency fee basis—you pay nothing unless we win your case.
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Jackson Pedestrian Accident Statistics & Local Context
Understanding the scope and nature of pedestrian accidents in Jackson requires examining both statewide trends and local data. Mississippi’s pedestrian safety crisis is not an abstract problem—it affects real communities, families, and individuals every day.
The Numbers Don’t Lie: Mississippi’s & Jackson’s Pedestrian Crisis
Mississippi’s distinction as having the highest traffic fatality rate in the nation is well-documented. With 22.2 deaths per 100,000 residents, Mississippi far exceeds the national average. The state’s overall traffic fatality rate of 1.79 per 100 million vehicle miles traveled (VMT) is the highest in the United States.
For pedestrians specifically, Mississippi recorded:
- 2020: 106 pedestrian deaths
- 2021: 94 pedestrian deaths
- 2022: 80 pedestrian deaths
- 2023: 76 pedestrian deaths
- 2024 (first half): 57 pedestrian deaths (26% increase from 2023)
The 2024 data represents a sharp reversal of the modest downward trend seen in 2021-2023, with Mississippi’s 26% increase running counter to the national trend of a slight decrease.
According to the MoneyGeek study, Jackson ranks as the #5 most dangerous city in the United States for pedestrians, with 7.4 pedestrian fatalities per 100,000 people, behind only Memphis (8.9), Fort Lauderdale (8.6), Macon (7.7), and Little Rock (7.5). All five of the most dangerous cities are located in Southern states.
According to NHTSA data, 75% of pedestrian fatalities occur at non-intersection locations, meaning that most pedestrian deaths happen when pedestrians are crossing mid-block or walking along roadways, rather than at marked intersections.
Mapping the Danger: Jackson’s Most Dangerous Roads and Intersections
State Street runs north-south through downtown Jackson and carries high volumes of traffic with limited safe crossing points. The intersection of State Street and Capitol Street is particularly dangerous.
Capitol Street is a busy commercial corridor with frequent pedestrian-vehicle conflicts.
High Street is a critical downtown artery with numerous pedestrian crossings but inadequate infrastructure.
The I-55 frontage roads have seen five pedestrian-vehicle incidents in 2024, including two fatalities, prompting the $19.9 million federal safety grant.
Lakeland Drive (MS-25) is a major commercial corridor connecting Jackson, Flowood, and Brandon with multiple lanes, high speeds, and numerous commercial driveways.
Woodrow Wilson Avenue is a downtown arterial with frequent intersections and pedestrian activity.
Pearl Street connects to I-55 and downtown areas.
The Jackson Medical Mall area sees high pedestrian volumes but lacks adequate infrastructure.
Demographic Disparities and Vulnerable Populations
Pedestrian accidents do not affect all communities equally. In Mississippi, pedestrian fatality rates disproportionately affect Black communities and low-income neighborhoods. These areas often have the poorest pedestrian infrastructure and the highest rates of pedestrian activity due to limited vehicle ownership and inadequate public transportation.
Seniors, persons with disabilities, and children face heightened risks. Night-time pedestrians face dramatically increased risks, with over 75% of pedestrian fatalities occurring at night. Mississippi’s hit-and-run rate for pedestrian fatalities stands at 6.6%.
Mississippi Pedestrian Laws & Legal Liability
Understanding your legal rights after a pedestrian accident requires knowledge of Mississippi’s specific pedestrian laws, negligence standards, and liability rules.
Mississippi’s Pedestrian Right-of-Way Laws
Mississippi law clearly establishes when pedestrians have the right-of-way and when drivers must yield. These laws are codified in Mississippi Code Title 63: Motor Vehicles and Regulations, specifically in Article 23 covering Pedestrians’ Rights and Duties.
Mississippi Code § 63-3-1103: Pedestrians’ Right-of-Way at Crosswalks
This statute states:
“Where traffic control signals are not in place or in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this article.”
Key protections:
- Drivers MUST yield to pedestrians in both marked and unmarked crosswalks
- Crosswalks exist at EVERY intersection, whether marked or not
- Drivers cannot pass vehicles stopped for pedestrians at crosswalks
- Drivers must exercise extra caution for visually impaired pedestrians
Mississippi Code § 63-3-1105: Pedestrian Crossing at Locations Other Than Crosswalks
This statute provides:
“(1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(2) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(3) Between adjacent intersections at which traffic control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.”
Pedestrian responsibilities:
- Must use sidewalks when available
- When no sidewalk: walk on left side facing traffic
- Must yield to vehicles when crossing outside crosswalks
- Cannot cross between adjacent signalized intersections except at marked crosswalks
Critical Legal Point: Even if a pedestrian violates these rules, this does not automatically bar recovery under Mississippi’s pure comparative fault system.
Proving Negligence in Jackson Pedestrian Accidents
To recover compensation, you must prove four elements of negligence:
- Duty: Driver owed a legal duty of care to the pedestrian.
- Breach: Driver breached that duty through negligent conduct such as:
- Distracted driving (texting, phone use)
- Speeding and reckless driving
- Driving under the influence
- Failure to yield at crosswalks
- Running red lights or stop signs
- Turning without checking for pedestrians
- Failure to use headlights at night
- Passing stopped vehicles at crosswalks
- Causation: The breach directly caused the accident and injuries.
- Damages: Actual harm suffered (medical bills, lost wages, pain and suffering).
Evidence required:
- Police accident reports
- Witness statements
- Surveillance footage
- Cell phone records (proving distraction)
- Medical records
- Accident reconstruction expert testimony
Mississippi’s Pure Comparative Fault Rule
One of the most important aspects of Mississippi personal injury law is the state’s “pure comparative fault” system, codified in Mississippi Code § 11-7-15:
“In all actions hereafter brought for personal injuries, or where such injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property, or person having control over the property may have been guilty of contributory negligence shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured, or the owner of the property, or the person having control over the property.”
Key principles:
- Contributory negligence does NOT bar recovery
- Damages are reduced by percentage of fault (e.g., $100,000 award, 20% fault = $80,000 recovery)
- No 50% bar rule — Mississippi follows “pure” comparative fault, meaning you can recover even if more than 50% at fault (unlike Tennessee’s modified system)
Insurance companies aggressively try to shift blame to pedestrians with arguments like “you were jaywalking,” “you weren’t paying attention,” “you were wearing dark clothing,” or “you stepped out suddenly.” Even if partially valid, these arguments only reduce recovery—they don’t eliminate it.
Statute of Limitations: Time Limits for Filing a Claim
Under Mississippi Code § 15-1-49, the statute of limitations for personal injury claims is three (3) years from the date of the accident.
Important Exception: Claims Against Government Entities
If your pedestrian accident involves a government entity (city bus, county vehicle, state highway patrol), the Mississippi Tort Claims Act (MTCA) requires:
- 90-day notice to the government entity
- 1-year statute of limitations
- Liability cap of $500,000 per claim
Why acting quickly matters:
- Evidence disappears (surveillance footage deleted after 30-90 days)
- Witnesses’ memories fade
- Insurance companies move fast to obtain statements
- Injuries may worsen over time
Call (601) 265-1664 today for a free consultation. Don’t wait until it’s too late.
Common Types of Jackson Pedestrian Accidents
Pedestrian accidents occur in many different scenarios, each with unique characteristics and legal considerations.
Intersection Accidents: Urban Danger Zones
Failure to Yield at Crosswalks: Drivers who fail to stop for pedestrians in marked or unmarked crosswalks violate Mississippi Code § 63-3-1103.
Right Turn on Red Accidents: Drivers making right turns on red often focus on oncoming traffic and fail to check the crosswalk for pedestrians.
Left Turn Accidents: Drivers making left turns may focus on oncoming traffic and fail to see pedestrians crossing in the crosswalk.
Running Red Lights: Drivers who run red lights or stop signs strike pedestrians lawfully crossing with the signal.
Passing Stopped Vehicles: Mississippi law prohibits passing vehicles stopped at crosswalks, but violations result in pedestrians being struck.
Mid-Block Crossing Accidents
While intersections are dangerous, 75% of pedestrian fatalities occur at non-intersection locations (NHTSA). Mid-block crossing accidents happen due to:
- Lack of crosswalks forcing pedestrians to cross mid-block
- Long distances between intersections
- Jaywalking
- Driver inattention
Parking Lot and Driveway Accidents
Backing Accidents: Drivers backing out of parking spaces or driveways fail to see pedestrians.
Pedestrians Walking Between Parked Cars: Pedestrians stepping out from between parked cars.
Distracted Drivers: High rates of distracted driving in parking lots.
Inadequate Lighting: Poor lighting making it difficult to see pedestrians.
Hit-and-Run Accidents
Mississippi’s hit-and-run rate for pedestrian fatalities is 6.6%. Hit-and-run accidents complicate cases because:
- Difficulty identifying the driver
- Delayed medical treatment
- Need for uninsured motorist claims
- Potential for punitive damages if driver is identified
Drunk Driving Accidents
Impaired drivers have reduced reaction times and diminished ability to perceive pedestrians. DUI pedestrian accidents often support claims for punitive damages under Mississippi Code § 11-1-65.
School Zone and Crosswalk Accidents
Children are particularly vulnerable. Accidents occur due to:
- Speeding in school zones
- Failure to stop for school buses
- Inadequate crossing guards
Distracted Driving Accidents
Cell phone use is a leading cause of pedestrian accidents. Cell phone records can prove driver was using phone at time of accident, providing strong evidence of negligence.
Common Injuries in Pedestrian Accidents
Pedestrian accidents result in some of the most severe injuries seen in personal injury law. Unlike vehicle occupants, pedestrians have no protection when struck.
Traumatic Brain Injuries (TBI)
TBIs range from mild concussions to severe brain damage resulting in permanent cognitive impairment, personality changes, memory loss, and physical disabilities. According to the CDC, motor vehicle crashes are a leading cause of TBI-related hospitalizations and deaths.
When a pedestrian is struck by a vehicle, they are often thrown to the ground or onto the vehicle’s hood and windshield, resulting in severe head trauma. The impact can cause the brain to collide with the inside of the skull, resulting in bruising, bleeding, and tearing of brain tissue.
Types of TBI:
Concussions: The mildest form of TBI, but still serious. Symptoms include headache, confusion, dizziness, nausea, and sensitivity to light and noise.
Contusions: Bruising of brain tissue that may require surgical removal if severe.
Diffuse Axonal Injury: Tearing of nerve fibers throughout the brain, often resulting in coma or permanent disability.
Penetrating Injuries: Occur when skull fragments penetrate brain tissue.
Symptoms may not be immediately apparent. Some victims experience delayed onset including headaches, dizziness, confusion, memory problems, mood changes, and difficulty concentrating. This is why immediate medical evaluation at UMMC is critical after any pedestrian accident, even if you feel fine initially.
Severe TBIs can result in permanent disabilities requiring lifelong medical care, rehabilitation, and assistance with daily living. The lifetime costs of caring for a severe TBI victim can exceed millions of dollars, making it essential to secure adequate compensation to cover future care needs.
Spinal Cord Injuries and Paralysis
Spinal cord injuries occur when the impact of a vehicle causes damage to the spinal cord, resulting in loss of sensation and motor function below the injury site. The spinal cord carries signals between the brain and the rest of the body, and damage to it can have devastating consequences.
Spinal cord injuries can result in:
Paraplegia: Paralysis of the lower body and legs, typically resulting from injuries to the thoracic, lumbar, or sacral regions of the spinal cord. Paraplegics typically retain use of their arms and hands but require wheelchairs for mobility.
Quadriplegia (Tetraplegia): Paralysis of all four limbs and the torso, resulting from injuries to the cervical spine (neck region). Quadriplegics may lose the ability to breathe independently and require ventilator support.
Incomplete vs. Complete Injuries: Complete spinal cord injuries result in total loss of sensation and motor function below the injury site. Incomplete injuries allow some sensation or movement below the injury level.
Spinal cord injuries are often permanent and irreversible. Current medical technology cannot repair a severed or severely damaged spinal cord. Victims require extensive medical treatment including emergency stabilization surgery, months of inpatient rehabilitation, assistive devices (wheelchairs, modified vehicles), home modifications (ramps, widened doorways, accessible bathrooms), ongoing physical therapy, and lifelong attendant care.
The emotional and financial impact on victims and their families is devastating. Loss of independence, inability to work, and the psychological toll of permanent disability require comprehensive compensation that accounts for all future needs.
Broken Bones and Fractures
Pedestrian accidents commonly result in multiple fractures due to the tremendous force of impact. Common fractures include:
Leg and Hip Fractures: Often occur when the vehicle’s bumper strikes the pedestrian’s lower body. Femur (thighbone) fractures are among the most serious, requiring surgical insertion of rods or plates. Hip fractures are particularly serious for elderly victims and may require hip replacement surgery and extended rehabilitation. Many elderly hip fracture victims never regain their previous level of mobility.
Arm and Wrist Fractures: Often occur when pedestrians instinctively extend their arms to break their fall after being struck. Radius, ulna, and wrist fractures may require casting or surgical fixation.
Pelvic Fractures: Can result from high-impact collisions and are extremely serious. The pelvis protects vital organs and major blood vessels, and pelvic fractures can cause internal organ damage, internal bleeding, and damage to the bladder or reproductive organs. Pelvic fractures often require surgical stabilization and months of recovery.
Facial and Skull Fractures: Occur when the pedestrian’s head strikes the vehicle or pavement. Facial fractures may involve the jaw, cheekbones, nose, or eye sockets, often requiring reconstructive surgery. Skull fractures can result in brain injury and require immediate neurosurgical intervention.
Rib and Sternum Fractures: Can result in punctured lungs (pneumothorax), internal bleeding, and breathing difficulties. Multiple rib fractures can be life-threatening and may require hospitalization in intensive care.
Compound Fractures: Occur when broken bone fragments pierce the skin, creating an open wound. These fractures carry high risk of infection and often require emergency surgery.
While some fractures heal with proper treatment, others result in permanent disabilities, chronic pain, limited mobility, arthritis, and the need for additional surgeries. Elderly victims may never fully recover from serious fractures, and hip fractures in the elderly are associated with significantly increased mortality risk within the first year after injury.
Internal Injuries and Organ Damage
The force of a vehicle impact can cause severe internal injuries even when external injuries are not immediately apparent. The blunt force trauma of being struck by a vehicle can damage internal organs and blood vessels, creating life-threatening conditions.
Internal Bleeding: Damage to blood vessels and organs can cause life-threatening internal bleeding that may not be immediately obvious. Victims may feel relatively fine immediately after the accident, only to experience shock, organ failure, or death hours later as internal bleeding progresses. Signs of internal bleeding include abdominal pain and swelling, dizziness, fainting, rapid pulse, and pale or clammy skin.
Organ Damage: The liver, spleen, kidneys, and other organs can be damaged by blunt force trauma, potentially requiring emergency surgery. Splenic rupture is particularly common in pedestrian accidents and can result in life-threatening hemorrhage. Liver lacerations can cause severe internal bleeding. Kidney damage can result in renal failure requiring dialysis.
Abdominal Injuries: Damage to the stomach, intestines, pancreas, and other abdominal organs can result in serious complications including infection (peritonitis), bowel obstruction, and long-term digestive problems. Intestinal perforation can allow digestive contents to leak into the abdominal cavity, causing life-threatening infection.
Internal injuries are particularly dangerous because symptoms may be delayed. Victims may feel relatively fine immediately after the accident, only to experience life-threatening complications hours or days later as internal bleeding or organ damage progresses. This is why immediate medical evaluation at a trauma center like UMMC is critical after any pedestrian accident, even if you feel fine. CT scans, ultrasounds, and other diagnostic tests can identify internal injuries before they become life-threatening.
Soft Tissue Injuries
Soft tissue injuries affect muscles, tendons, ligaments, and skin. While often considered less serious than fractures or head injuries, soft tissue injuries can result in chronic pain, limited mobility, and long-term disabilities.
Sprains and Strains: Stretching or tearing of ligaments (sprains) and muscles or tendons (strains). Severe sprains and strains can take months to heal and may result in chronic instability and pain. Ankle sprains, knee ligament tears (ACL, MCL), and shoulder injuries are common in pedestrian accidents.
Contusions (Bruises): Can range from minor to severe, with deep tissue bruising causing significant pain, swelling, and long-term complications. Severe contusions can result in compartment syndrome, a dangerous condition where swelling cuts off blood flow to muscles and nerves.
Lacerations and Road Rash: When pedestrians are thrown to the pavement, they often suffer severe cuts and abrasions. Deep lacerations may damage muscles, tendons, and nerves, requiring surgical repair. Road rash (skin abrasions from sliding across pavement) can be extremely painful and result in permanent scarring and disfigurement. Severe road rash may require skin grafts.
Whiplash: Neck injuries resulting from the sudden impact and movement of the head. Whiplash can cause chronic neck pain, headaches, dizziness, and limited range of motion. Some whiplash victims experience symptoms for years after the accident.
Soft tissue injuries often take weeks or months to fully manifest, and victims may not realize the full extent of their injuries immediately after the accident. This is why it is critical to follow up with medical providers and document all symptoms, even those that seem minor initially.
Amputations and Loss of Limbs
Traumatic amputations or injuries requiring surgical amputation are life-changing, requiring extensive rehabilitation, prosthetic devices, psychological counseling, and significant lifestyle adjustments.
Psychological and Emotional Trauma
The psychological impact of a pedestrian accident should not be underestimated. Being struck by a vehicle is a traumatic, life-threatening event that can result in lasting psychological harm. Many victims experience:
Post-Traumatic Stress Disorder (PTSD): Flashbacks, nightmares, intrusive thoughts about the accident, hypervigilance, and severe anxiety. PTSD can be debilitating and may require years of therapy and medication. Victims may experience panic attacks when near traffic or may relive the accident repeatedly.
Depression and Anxiety: Resulting from the trauma of the accident, ongoing pain, disability, and lifestyle changes. Victims may lose interest in activities they once enjoyed, withdraw from social relationships, and experience feelings of hopelessness. Anxiety disorders can develop, making it difficult to function in daily life.
Fear of Walking or Crossing Streets: Many pedestrian accident victims develop severe anxiety about walking near traffic, which can significantly impact their quality of life and independence. Some victims become housebound, unable to walk in their own neighborhoods or cross streets without experiencing panic attacks.
Sleep Disturbances: Insomnia, nightmares, and difficulty sleeping are common after traumatic accidents.
Cognitive and Emotional Changes: Even without diagnosed TBI, the stress and trauma of a pedestrian accident can result in difficulty concentrating, memory problems, irritability, and mood swings.
Impact on Relationships: The psychological trauma and physical disabilities resulting from pedestrian accidents can strain marriages and family relationships. Spouses may become caregivers, and the loss of intimacy and companionship can be profound.
Psychological injuries are compensable under Mississippi law and should be documented through treatment with mental health professionals including psychologists, psychiatrists, and licensed counselors. Therapy costs, medication costs, and the impact of psychological injuries on quality of life should all be included in your claim.
Wrongful Death
Mississippi law allows certain family members to pursue wrongful death claims to recover:
- Funeral and burial expenses
- Medical expenses before death
- Loss of expected earnings and financial support
- Loss of companionship and emotional support
- Pain and suffering before death
Investigating Your Jackson Pedestrian Accident
A thorough investigation is critical to building a strong pedestrian accident case. Evidence must be gathered quickly before it disappears, and a comprehensive investigation can make the difference between a successful claim and a denied one. Insurance companies have teams of investigators and adjusters working to minimize their liability—you need an experienced attorney who will conduct an equally thorough investigation to protect your rights.
Immediate Scene Investigation
The accident scene contains critical evidence that must be documented immediately before conditions change, evidence is removed, or memories fade.
Photographs and Video: Document the accident location from multiple angles. Critical photographs include:
- The vehicle that struck you (all angles, showing damage, license plate, make/model)
- The pedestrian’s position and injuries
- Skid marks or tire marks on the roadway
- Crosswalk markings (or absence of markings)
- Traffic signals and pedestrian signals
- Road conditions (wet, dry, icy, debris, potholes)
- Weather conditions and lighting
- Any visible injuries to the pedestrian
- Damage to personal property (phone, glasses, clothing)
- The surrounding area showing sightlines and visibility
- Any obstructions to visibility (parked cars, vegetation, buildings)
- Traffic signs and posted speed limits
Photographs should be taken as soon as possible after the accident, as conditions change rapidly. Road debris is cleared, skid marks fade, and vehicles are moved or repaired.
Physical Evidence: Physical evidence at the scene provides objective proof of how the accident occurred and the force of impact:
- Skid marks: Show where the driver braked and can help determine vehicle speed
- Yaw marks: Curved tire marks showing vehicle lost control
- Vehicle debris: Broken glass, plastic fragments, and metal pieces show point of impact
- Gouge marks: Marks in pavement from vehicle undercarriage
- Fluid spills: Oil, coolant, or other fluids from damaged vehicles
- Blood or biological evidence: Shows pedestrian’s position and movement after impact
Road and Weather Conditions: Road and weather conditions at the time of the accident can be critical to proving driver negligence:
- Was the road wet, icy, or snow-covered?
- Were there potholes or road defects?
- Was visibility impaired by fog, rain, or darkness?
- What was the posted speed limit?
- Were there any temporary obstructions (construction, parked vehicles)?
Traffic Control Devices: Document the presence and functioning of all traffic control devices:
- Traffic signals (were they working properly?)
- Crosswalk markings (were they visible and well-maintained?)
- Pedestrian signals and countdown timers
- Stop signs and yield signs
- Speed limit signs
- School zone signs
- Pedestrian crossing signs
Malfunctioning signals, faded crosswalk markings, or missing signage can support claims against government entities responsible for road maintenance.
Witness Identification and Statements
Eyewitness testimony can be crucial in establishing how the accident occurred and who was at fault. Witnesses should be identified and interviewed as soon as possible, while their memories are fresh and before they become unavailable.
Independent Witnesses: People who saw the accident but have no connection to either party are the most credible witnesses. Their contact information should be obtained at the scene if possible. Independent witnesses may include:
- Other pedestrians who saw the accident
- Drivers or passengers in other vehicles
- People in nearby businesses or residences
- Bus drivers or transit workers
- Construction workers or utility workers
Recorded Statements: Witness statements should be recorded in writing or on video while their memories are fresh. Memories fade over time, details become confused, and witnesses may become unavailable or unwilling to testify later. A detailed witness statement should include:
- The witness’s full name and contact information
- Where the witness was located when they observed the accident
- What they saw before, during, and after the impact
- The vehicle’s speed and direction of travel
- Whether the driver appeared distracted or impaired
- Whether the pedestrian was in a crosswalk
- Traffic signal status (if applicable)
- Weather and lighting conditions
- Any statements made by the driver after the accident
Witness Credibility: An experienced attorney can evaluate witness credibility and determine which witnesses will be most helpful to your case. Factors affecting credibility include:
- The witness’s vantage point and ability to observe
- Whether the witness has any bias or relationship to the parties
- Consistency of the witness’s account
- Whether the witness’s account is corroborated by physical evidence
Police Reports and Official Documentation
The police accident report is a critical piece of evidence in any pedestrian accident case. While not conclusive proof of fault, the report provides an official record of the accident and the investigating officer’s observations.
The police accident report typically includes:
- Date, time, and exact location of the accident
- Parties involved and their contact information
- Insurance information for all drivers involved
- Witness statements and contact information
- Officer’s narrative describing how the accident occurred
- Accident diagram showing vehicle and pedestrian positions
- Citations issued to any party for traffic violations
- Officer’s determination of fault (in some cases)
- Road and weather conditions at the time of the accident
- Evidence of impairment (if driver was tested for alcohol or drugs)
In Jackson, pedestrian accidents within city limits are typically investigated by the Jackson Police Department (headquarters at 327 E. Pascagoula Street, phone 601-960-1234). Accidents on state highways like I-55, I-20, and I-220 are investigated by the Mississippi Highway Patrol.
Accident reports can be obtained through the Mississippi Department of Public Safety portal. Reports are typically available 7-10 days after the accident. You will need the report number, date, and location of the accident to request a copy.
Important: If the police report contains errors or inaccuracies, your attorney can submit a supplemental report or challenge the report’s findings. Insurance companies often rely heavily on police reports, so it is critical to review the report carefully and correct any errors.
Surveillance Footage and Video Evidence
Video evidence can provide objective proof of how an accident occurred, showing vehicle speed, driver behavior, signal status, and pedestrian position. However, video evidence is often deleted after a short period, making immediate action critical.
Traffic Cameras: Many intersections in Jackson have traffic cameras operated by the City of Jackson or the Mississippi Department of Transportation. These cameras may have captured the accident or the moments leading up to it. However, traffic camera footage is often deleted after 30-90 days, so it must be requested immediately through preservation letters.
Business Security Cameras: Nearby businesses may have security cameras that captured the accident or the surrounding area. Potential sources include:
- Retail stores and shopping centers
- Gas stations and convenience stores
- Restaurants and bars
- Banks and ATMs
- Office buildings
- Apartment complexes
Business security footage is typically deleted on a rolling basis (often 30-60 days), so preservation letters must be sent immediately to prevent deletion.
Dashcam Footage: The at-fault driver or other vehicles in the area may have dashcam footage of the accident. Dashcam footage can show the driver’s perspective, vehicle speed, and whether the driver was paying attention.
Cell Phone Video: Bystanders may have recorded video of the accident scene or aftermath on their phones. This footage can show the positions of vehicles and the pedestrian, road conditions, and the driver’s behavior after the accident.
Red Light Cameras: Some Jackson intersections have red light cameras that photograph vehicles running red lights. This footage can prove that a driver ran a red light and struck a pedestrian.
An experienced attorney will immediately send preservation letters to government entities, businesses, and other potential custodians of video evidence to prevent the deletion of critical footage. Failure to preserve video evidence can result in the permanent loss of the most compelling evidence in your case.
Cell Phone Records
Distracted driving is one of the leading causes of pedestrian accidents. If distracted driving is suspected, cell phone records can provide definitive proof that the driver was using their phone at the time of the accident, supporting substantial damages and potentially punitive damages.
Cell phone records show:
- Calls made or received: Exact time and duration of phone calls
- Text messages sent or received: Exact time messages were sent or received
- Data usage: Indicates the driver was using apps, browsing the web, or using social media
Cell phone records require subpoenas and must be requested through proper legal channels. Insurance companies will not voluntarily provide this information, and drivers will not voluntarily admit they were using their phones. An experienced attorney knows how to obtain cell phone records through the discovery process.
Mississippi’s Texting Ban: Mississippi law prohibits texting while driving. If cell phone records show the driver was texting at the time of the accident, this is strong evidence of negligence and violation of law.
Cell phone records must be requested quickly, as some carriers only retain detailed records for a limited time. Your attorney will act immediately to preserve and obtain these critical records.
Medical Records and Expert Testimony
Medical records document the extent of your injuries and link them to the accident. Complete and thorough medical documentation is essential to proving the full value of your claim.
Complete medical documentation includes:
- Emergency room records: Initial evaluation, diagnostic tests, treatment provided
- Hospital admission and treatment records: All care provided during hospitalization
- Diagnostic test results: X-rays, CT scans, MRIs, ultrasounds, blood tests
- Surgical reports: Detailed descriptions of any surgical procedures
- Physical therapy and rehabilitation records: Progress notes, treatment plans, functional assessments
- Prescription records: All medications prescribed and filled
- Mental health treatment records: Therapy notes, psychiatric evaluations, psychological testing
- Follow-up appointments: All specialist consultations and follow-up care
In complex cases, expert witnesses may be necessary to prove the full extent of your damages and link your injuries to the accident:
Accident Reconstruction Experts: Analyze physical evidence, vehicle damage, and road conditions to determine how the accident occurred, vehicle speeds, and points of impact. Accident reconstructionists use scientific principles, computer modeling, and engineering analysis to recreate the accident. Their testimony can prove:
- The driver was speeding
- The driver had time to see and avoid the pedestrian
- The pedestrian was in a crosswalk and had the right-of-way
- The driver’s actions (or inactions) caused the accident
Medical Experts: Testify regarding the nature and extent of injuries, necessary future treatment, and permanent disabilities. Medical experts may include:
- Treating physicians who can explain your injuries and prognosis
- Independent medical experts who review records and provide opinions
- Specialists in neurology, orthopedics, rehabilitation medicine, or other relevant fields
Economic Experts: Calculate lost earning capacity and future financial losses for victims with permanent disabilities. Economic experts analyze:
- Your pre-accident earnings and career trajectory
- Your post-accident earning capacity given your disabilities
- The present value of future lost earnings over your work life expectancy
- Lost benefits (health insurance, retirement contributions, etc.)
Life Care Planners: Develop comprehensive plans for future medical care and associated costs for catastrophically injured victims. Life care planners are typically registered nurses or rehabilitation specialists who assess:
- All future medical needs (surgeries, therapy, medications, equipment)
- Costs of future care over the victim’s life expectancy
- Need for home modifications, assistive devices, and attendant care
- The present value of all future medical expenses
Expert witness testimony is often essential in pedestrian accident cases involving serious injuries, as it provides credible, professional opinions that support substantial damage awards.
Investigating Driver History
The driver’s history can reveal patterns of negligent behavior and support claims for punitive damages in cases involving repeat offenders.
Driving Record: The driver’s driving record may reveal:
- Prior traffic violations (speeding, reckless driving, failure to yield)
- DUI convictions or arrests
- License suspensions or revocations
- Previous at-fault accidents
- Points on driver’s license
A history of traffic violations or DUI convictions can support arguments that the driver has a pattern of dangerous behavior and may support punitive damages.
Criminal History: Criminal convictions, particularly those involving violence, recklessness, or dishonesty, can be relevant to punitive damages claims and driver credibility.
Employment Records: For commercial drivers (truck drivers, bus drivers, delivery drivers), employment records may reveal:
- Inadequate training
- Pressure to meet deadlines or quotas
- Prior complaints or disciplinary actions
- Violations of hours-of-service regulations
- Drug and alcohol testing results
Employment records can support claims against the driver’s employer under theories of negligent hiring, negligent supervision, or respondeat superior (employer liability for employee actions).
Your attorney will conduct a comprehensive investigation of the driver’s background to identify all evidence supporting your claim and all potential sources of compensation.
Dealing with Insurance Companies After a Pedestrian Accident
After a pedestrian accident, you will likely be contacted by insurance adjusters representing the at-fault driver. Understanding how insurance companies operate and protecting yourself from their tactics is critical to securing fair compensation. Insurance companies are for-profit businesses whose primary goal is to minimize payouts and maximize profits for shareholders.
How Insurance Companies Minimize Pedestrian Accident Claims
Insurance adjusters are trained professionals who use sophisticated tactics to reduce or deny pedestrian accident claims. Understanding these tactics can help you avoid costly mistakes.
Quick Settlement Offers: Adjusters may contact you within days of the accident and offer a quick settlement, often before you have even seen a doctor or understood the extent of your injuries. These offers are almost always far below the true value of your claim and are designed to get you to settle before you understand the full extent of your injuries or consult with an attorney. Once you accept a settlement and sign a release, you cannot pursue additional compensation, even if your injuries turn out to be more serious than initially thought.
Recorded Statements: Adjusters will ask you to provide a recorded statement about the accident. They will frame this as a routine part of the claims process and may suggest that you are required to provide a statement. In reality, you are not required to provide a recorded statement to the at-fault driver’s insurance company, and you should not do so without consulting an attorney. Adjusters will use recorded statements to:
- Find inconsistencies between your statement and other evidence
- Obtain admissions of fault or contributory negligence
- Get you to minimize your injuries or pain
- Lock you into a version of events before you have fully investigated
- Catch you making statements while you are injured, medicated, or stressed
Shifting Blame to the Pedestrian: Insurance companies will aggressively try to blame the pedestrian for the accident to reduce their liability under Mississippi’s pure comparative fault system. Common arguments include:
- “You were jaywalking” or “You crossed outside the crosswalk”
- “You weren’t paying attention” or “You were looking at your phone”
- “You were wearing dark clothing” or “It was dark and the driver couldn’t see you”
- “You stepped out suddenly” or “You darted into traffic”
- “You were intoxicated” or “You were impaired”
Even if some of these arguments have merit, they only reduce your recovery under comparative fault—they don’t eliminate it. Insurance companies exaggerate pedestrian fault to minimize payouts.
Surveillance: Insurance companies may hire private investigators to conduct surveillance on claimants, looking for evidence that injuries are exaggerated or that the claimant is more active than claimed. Investigators may:
- Follow you and videotape your activities
- Monitor your social media accounts
- Interview your neighbors or acquaintances
- Search public records for information
While this is legal, it is another reason to be honest about your injuries and limitations and to avoid posting on social media.
Delaying Tactics: Insurance companies may delay processing your claim, hoping that financial pressure will force you to accept a low settlement. Common delay tactics include:
- Requesting unnecessary documentation repeatedly
- Claiming they need more time to investigate
- Failing to respond to communications
- Transferring your claim between adjusters
- Requesting medical examinations by their own doctors
These delays can last months or even years, creating financial hardship for injured victims who are unable to work and facing mounting medical bills.
Disputing Medical Treatment: Adjusters may claim that your medical treatment was unnecessary, excessive, or unrelated to the accident. They may:
- Argue that you should have recovered more quickly
- Claim that certain treatments (physical therapy, chiropractic care, mental health counseling) were unnecessary
- Suggest that your injuries were pre-existing
- Refuse to pay for certain medical bills
- Demand that you be examined by their own doctors (Independent Medical Examination or IME)
Insurance company doctors are paid by the insurance company and often minimize injuries or claim that treatment is unnecessary.
Why You Should Not Talk to Insurance Adjusters Without an Attorney
The at-fault driver’s insurance company is not on your side. Despite friendly demeanor and expressions of concern, the adjuster’s job is to minimize the company’s financial liability, not to help you. Anything you say to an adjuster can and will be used against you to minimize your claim.
Common mistakes people make when talking to insurance adjusters include:
Admitting Fault: Even innocent statements like “I didn’t see the car coming” or “I was in a hurry” can be twisted to suggest you were not paying attention or were careless. Adjusters are skilled at asking leading questions that elicit admissions of fault.
Minimizing Injuries: Many people instinctively downplay their injuries, saying they are “fine” or “okay” when they are actually in significant pain. This is especially common immediately after an accident when adrenaline is masking pain. Adjusters will use these statements to argue that your injuries are not serious and that you do not deserve substantial compensation.
Providing Inconsistent Information: When you are injured, stressed, and possibly medicated, it is easy to provide inconsistent information about how the accident occurred or the extent of your injuries. Adjusters will use any inconsistencies to question your credibility and suggest that you are exaggerating or lying.
Agreeing to Recorded Statements: Recorded statements can be edited, taken out of context, or used to impeach your testimony later if you testify differently at trial. Adjusters may also pressure you to provide a statement while you are injured, medicated, or emotionally distressed.
Accepting Quick Settlements: Once you accept a settlement and sign a release, you cannot pursue additional compensation, even if you later discover that your injuries are more serious than initially thought, that you need surgery, or that you have permanent disabilities. Quick settlements almost always undervalue claims significantly.
Providing Medical Authorizations: Adjusters may ask you to sign broad medical authorizations allowing them to access all of your medical records, including records unrelated to the accident. They will use these records to search for pre-existing conditions or other information to minimize your claim.
What to Say (and Not Say) to Insurance Companies
Provide only:
- Your name, contact information
- Date and location of accident
Do NOT:
- Discuss how accident occurred
- Discuss your injuries
- Provide recorded statement
- Sign anything
- Accept settlement offers
Best response: Refer them to your attorney.
Uninsured and Underinsured Motorist Coverage
If the at-fault driver has no insurance or insufficient insurance to cover your damages, you may be able to recover compensation through your own uninsured motorist (UM) or underinsured motorist (UIM) coverage. This coverage is designed to protect you when you are injured by drivers who are uninsured or underinsured.
Uninsured Motorist (UM) Coverage: UM coverage provides compensation when:
- The at-fault driver has no liability insurance
- The at-fault driver cannot be identified (hit-and-run cases)
- The at-fault driver’s insurance company is insolvent
Underinsured Motorist (UIM) Coverage: UIM coverage provides additional compensation when:
- The at-fault driver has liability insurance, but the policy limits are insufficient to cover your damages
- Your damages exceed the at-fault driver’s policy limits
Mississippi Law: Mississippi law requires insurance companies to offer UM/UIM coverage to all policyholders, though you can reject it in writing. If you have not specifically rejected UM/UIM coverage, you likely have it. UM/UIM coverage limits are typically the same as your liability coverage limits.
UM Coverage for Pedestrians: UM coverage typically applies to pedestrians struck by uninsured drivers, even if you were not in a vehicle at the time of the accident. Check your auto insurance policy or call (601) 265-1664 to discuss your coverage.
UM/UIM Claims Can Be Complex: Even though you are making a claim against your own insurance company—a company to which you have paid premiums for years—UM/UIM claims can be contentious. Your own insurance company may:
- Dispute that the at-fault driver was uninsured or underinsured
- Argue that your damages are less than the at-fault driver’s policy limits
- Use the same tactics to minimize your claim as the at-fault driver’s insurer
- Require arbitration rather than allowing you to sue
An experienced attorney can help you navigate UM/UIM claims and secure the compensation you deserve, even when your own insurance company is fighting against you.
Stacking: In some cases, you may be able to “stack” UM/UIM coverage from multiple vehicles on your policy, increasing the available coverage. Whether stacking is allowed depends on the specific language of your policy and Mississippi law. Your attorney can review your policy to determine if stacking is available.
What to Do Immediately After a Jackson Pedestrian Accident
The actions you take immediately after a pedestrian accident can significantly impact both your physical recovery and your legal case.
1. Call 911 and Get Medical Help
Call 911 immediately. Even if injuries seem minor, be evaluated by medical professionals. Some serious injuries don’t show immediate symptoms.
UMMC (University of Mississippi Medical Center) at 2500 North State Street is Mississippi’s only Level I Trauma Center.
Do not refuse medical treatment at the scene.
2. Stay at the Scene and Cooperate with Police
Remain until police complete their investigation. Provide accurate information but be careful not to speculate or admit fault.
Request a copy of the police report or obtain the report number.
3. Document the Scene
If physically able, photograph:
- The vehicle (license plate, damage, position)
- Your visible injuries
- Accident location (crosswalk markings, signals, signage)
- Skid marks or debris
- Road and weather conditions
4. Get Driver and Witness Information
From the driver:
- Full name and contact information
- Driver’s license number
- Insurance company and policy number
- Vehicle make, model, license plate
From witnesses:
- Names and contact information
5. Seek Immediate Medical Attention
Go to emergency room immediately. A thorough medical evaluation will:
- Identify injuries not immediately apparent
- Create medical record linking injuries to accident
- Begin necessary treatment
- Document severity of injuries
UMMC: 2500 North State Street, Jackson, MS 39216St. Dominic Hospital: 969 Lakeland Drive, Jackson, MS 39216
6. Follow All Medical Advice and Treatment
Follow doctor’s instructions and attend all follow-up appointments. Keep detailed records of:
- All medical appointments and treatments
- Prescriptions and medications
- Medical bills and expenses
- Time missed from work
- How injuries affect daily life
7. Preserve Evidence
Keep all evidence:
- Clothing and shoes (especially if damaged or bloodstained)
- Medical records and bills
- Prescription receipts
- Photographs and videos
- Police report
- Witness contact information
- Correspondence with insurance companies
8. Do Not Post on Social Media
Do not post anything about the accident on social media. Insurance companies monitor claimants’ accounts. Set accounts to private.
9. Contact a Jackson Pedestrian Accident Lawyer
Contact an experienced attorney as soon as possible. An attorney can:
- Protect your rights with insurance companies
- Investigate and gather evidence
- Identify all sources of compensation
- Handle all communications with adjusters
- Ensure fair compensation
Call (601) 265-1664 today for a free consultation.
10. Do Not Sign Anything or Accept Settlement Offers
Do not sign documents or accept settlement offers without consulting an attorney. Once you sign a release, you cannot pursue additional compensation.
Compensation Available in Jackson Pedestrian Accident Cases
Pedestrian accident victims in Mississippi are entitled to recover compensation for all damages caused by the accident.
Economic Damages: Tangible Financial Losses
Medical Expenses
- Emergency treatment (ambulance, ER, diagnostic tests)
- Hospitalization (surgery, medications, hospital services)
- Ongoing medical care (follow-ups, specialists, physical therapy)
- Future medical expenses (future surgeries, long-term rehab, home health care)
- Medical equipment (wheelchairs, walkers, prosthetics)
Medical expenses in pedestrian cases can reach hundreds of thousands or millions of dollars for catastrophic injuries.
Lost Wages and Income
- Past lost wages (from accident date through present)
- Future lost wages (if unable to return to work)
- Lost benefits (health insurance, retirement contributions, bonuses)
- Loss of earning capacity (if unable to perform previous occupation)
Property Damage
Compensation for damaged personal property (phone, glasses, etc.).
Out-of-Pocket Expenses
- Transportation to medical appointments
- Home modifications for disabilities
- Household services you can no longer perform
- Other expenses necessitated by injuries
Non-Economic Damages: Intangible Losses
Pain and Suffering
Compensation for physical pain and discomfort:
- Pain immediately after accident
- Ongoing pain during recovery
- Chronic pain
- Discomfort from medical treatments
Emotional Distress
- Post-traumatic stress disorder (PTSD)
- Depression and anxiety
- Fear of walking or being near traffic
- Sleep disturbances and nightmares
- Emotional impact of permanent disabilities
Includes cost of psychological counseling and therapy.
Loss of Enjoyment of Life
- Inability to participate in hobbies and recreational activities
- Loss of ability to exercise or play sports
- Inability to travel or engage in social activities
- Reduced quality of life
Disfigurement and Scarring
- Visibility and severity of scars
- Emotional impact of disfigurement
- Cost of scar revision surgery
- Impact on self-esteem and relationships
Loss of Consortium
Spouses can pursue claims for:
- Loss of companionship and affection
- Loss of sexual relations
- Loss of household services
- Emotional impact on marital relationship
Punitive Damages: Punishing Gross Negligence
Under Mississippi Code § 11-1-65, punitive damages require proof by clear and convincing evidence that defendant acted with:
- Actual malice, OR
- Gross negligence evidencing willful, wanton, or reckless disregard for safety, OR
- Actual fraud
In pedestrian cases, punitive damages may be available when:
- Driver was under the influence (DUI)
- Excessive speeding
- Hit-and-run (fleeing the scene)
- Intentional conduct
- Repeat offenders with multiple DUI convictions
Punitive damages are awarded in addition to compensatory damages and can significantly increase total recovery.
Wrongful Death Damages
When a pedestrian accident results in death, family members can pursue wrongful death claims for:
Economic Damages:
- Medical expenses before death
- Funeral and burial expenses
- Loss of expected earnings and financial support
- Loss of benefits
Non-Economic Damages:
- Loss of companionship, guidance, and emotional support
- Loss of consortium (for spouses)
- Emotional impact on surviving family members
Pain and Suffering of Deceased: If deceased survived for any period, damages include compensation for pain and suffering experienced before death.
Calculating the Value of Your Claim
Value depends on:
- Severity of injuries
- Extent of medical treatment required
- Permanent disabilities
- Age and occupation
- Impact on earning capacity
- Degree of driver’s negligence
- Availability of insurance coverage
Call (601) 265-1664 for a free consultation to discuss the value of your claim.
Why Choose Southern Injury Attorneys for Your Jackson Pedestrian Case
Choosing the right attorney can make the difference between a fair settlement and an inadequate one.
Local Knowledge and Mississippi Expertise
Our attorneys are licensed to practice in Mississippi, including Attorney Ethan D. Sandifer, who has successfully represented pedestrian accident victims throughout the state.
We understand:
- Mississippi’s pedestrian laws (MS Code Title 63)
- Mississippi’s pure comparative fault system (§ 11-7-15)
- Three-year statute of limitations (§ 15-1-49)
- Mississippi Tort Claims Act and government entity claims
- Punitive damages requirements (§ 11-1-65)
- Local court procedures in Hinds County Circuit Court
We know Jackson’s dangerous roads and intersections and can use this knowledge to build compelling cases.
Proven Track Record
Southern Injury Attorneys has successfully represented hundreds of personal injury victims throughout Mississippi, Tennessee, Arkansas, and Texas. We have secured substantial settlements and verdicts for clients injured in pedestrian accidents, car accidents, truck accidents, and other serious injury cases.
While past results do not guarantee future outcomes, our track record demonstrates our ability to effectively investigate cases, negotiate with insurance companies, and take cases to trial when necessary.
Comprehensive Investigation
We conduct thorough investigations:
- Rapid response to preserve evidence before it disappears
- Expert witnesses (accident reconstruction, medical, economic, life care planners)
- Advanced technology (reconstruction software, drone photography)
- Thorough discovery (cell phone records, driving records, employment records)
Aggressive Advocacy
Insurance companies know we are prepared to take cases to trial. We do not accept lowball offers and fight aggressively for maximum compensation.
We counter insurance tactics including:
- Challenging attempts to shift blame to pedestrians
- Refuting arguments that treatment was unnecessary
- Presenting compelling evidence of driver negligence
- Demonstrating full extent of damages
- Fighting for fair compensation, not quick settlements
Client-Focused Service
Free Consultation: No-obligation consultations to discuss your case.
Contingency Fee Basis: You pay no attorney fees unless we win your case.
24/7 Availability: Available around the clock to respond to your needs.
Regular Communication: Regular updates and always available to answer questions.
Bilingual Services: Spanish language services available.
No Upfront Costs: We advance all investigation costs, repaid only if we recover compensation.
Resources and Network
We have resources for even the most complex cases:
- Top medical experts and specialists
- Accident reconstruction experts
- Economic experts for lost earning capacity
- Life care planners for catastrophically injured clients
- Advanced investigation technology
- Financial resources to advance costs through trial
Commitment to Justice
We are committed to holding negligent drivers accountable and making our communities safer.
Call (601) 265-1664 today for a free consultation. Let us fight for the compensation you deserve.
Jackson, MS Local Guide for Pedestrians
Understanding the local context can help pedestrians stay safe and know where to turn for help.
Jackson Neighborhoods and High-Risk Areas
Downtown Jackson: High-density commercial activity with heavy pedestrian and vehicle traffic on State Street, Capitol Street, and High Street.
Fondren Arts District: Walkable neighborhood with restaurants and shops, but still sees conflicts along North State Street.
Belhaven Historic Neighborhood: Historic residential area near Belhaven University with tree-lined streets but high-speed traffic on Fortification Street.
Midtown: Commercial and residential areas with significant pedestrian activity but often lacking adequate infrastructure.
North Jackson: Suburban commercial development along I-55 and County Line Road with high-speed arterial roads.
West Jackson: Residential and commercial areas with varying infrastructure; some areas lack sidewalks.
South Jackson: Diverse residential neighborhoods with varying infrastructure quality.
Medical District: Area surrounding UMMC and Jackson Medical Mall with high pedestrian volumes but inadequate infrastructure.
Surrounding Cities Served
Southern Injury Attorneys serves pedestrian accident victims throughout the Jackson metropolitan area:
- Ridgeland (Madison County): Suburban city north of Jackson along I-55
- Madison (Madison County): Affluent suburb northeast of Jackson
- Pearl (Rankin County): City east of Jackson along I-20 and Highway 80
- Flowood (Rankin County): Rapidly growing city east of Jackson
- Brandon (Rankin County): Suburban city east of Jackson
- Clinton (Hinds County): City west of Jackson along I-20
- Byram (Hinds County): City south of Jackson along I-55
Major Dangerous Corridors
- I-55: Primary north-south interstate; frontage roads have seen multiple fatalities
- I-20: East-west interstate through Jackson
- I-220 Loop: Bypass around Jackson
- US-49: Major north-south highway
- Lakeland Drive (MS-25): Major commercial corridor connecting Jackson, Flowood, Brandon
- State Street: Major north-south arterial through downtown
- Capitol Street: Busy commercial corridor through downtown
- High Street: Downtown arterial
- Woodrow Wilson Avenue: Downtown arterial
Legal Resources
Hinds County Circuit CourtAddress: 407 E. Pascagoula Street, Jackson, MS 39201Where pedestrian accident lawsuits are filed for Hinds County accidents.
Jackson Police DepartmentHeadquarters: 327 E. Pascagoula Street, Jackson, MS 39201Phone: (601) 960-1234Investigates crashes within Jackson city limits.
Mississippi Highway Patrol – Troop CInvestigates crashes on state and federal highways (I-55, I-20, I-220).
Crash ReportsAvailable through Mississippi Department of Public Safety portal, typically 7-10 days after accident.
Medical Resources
**University of Mississippi Medical Center (UMMC)**Address: 2500 North State Street, Jackson, MS 39216Phone: (601) 984-1000Mississippi’s only Level I Trauma Center.
St. Dominic HospitalAddress: 969 Lakeland Drive, Jackson, MS 39216Phone: (601) 200-2000571-bed hospital with high-level emergency and trauma care.
Merit Health CentralAddress: 1850 Chadwick Drive, Jackson, MS 39204Phone: (601) 376-1000Full-service hospital with emergency department.
ZIP Codes Served
39201, 39202, 39203, 39204, 39206, 39209, 39210, 39211, 39212, 39213, 39216, 39217
Contact Southern Injury Attorneys Today
If you or a loved one has been injured in a pedestrian accident in Jackson, Mississippi, you need experienced legal representation to protect your rights and secure the compensation you deserve.
📞 Call (601) 265-1664 for a FREE consultation. Available 24/7.
Southern Injury Attorneys — Jackson Office📍 2614 Southerland Dr., Suite 200, Jackson, MS 39216📞 Phone: (601) 265-1664📞 Toll-Free: (800) 224-5546⏰ Available 24/7💰 No Fee Unless We Win
We handle all pedestrian accident cases on a contingency fee basis—you pay no attorney fees unless we win your case.
Don’t let insurance companies take advantage of you. Contact Southern Injury Attorneys today and let us fight for the justice and compensation you deserve.
Related Practice Areas
Legal Disclaimer
This page is for informational purposes only and does not constitute legal advice. Every case is unique, and past results do not guarantee future outcomes. The information on this page is accurate as of the date of publication but laws and regulations may change. For specific legal advice regarding your pedestrian accident case, please contact Southern Injury Attorneys for a free consultation.
Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Get Answers To Your Most Asked Questions
Call 911, get medical help at UMMC, document the scene with photos, get driver’s insurance info and witness contacts, and call (601) 265-1664 before speaking to insurance companies or signing anything.
While not legally required, insurance companies will take advantage of unrepresented victims. An attorney investigates your case, deals with insurers, calculates full claim value, and fights for maximum compensation—at no cost unless you win.
Nothing upfront. We work on contingency—you pay no attorney fees unless we win your case. We advance all investigation costs and only recover them if we secure compensation for you.
It varies. Some cases settle within months; others take a year or more, especially if a lawsuit is necessary. Catastrophic injury cases often take longer because we wait until you reach maximum medical improvement to understand full future needs.
Most pedestrian accident cases settle without trial. However, if the insurance company refuses a fair offer, we are prepared to take your case to trial—and insurers know this, which often results in better settlements.
Three years from the accident date under MS Code § 15-1-49. However, if your claim is against a government entity, the Mississippi Tort Claims Act requires 90-day notice and a 1-year statute of limitations.
If a government vehicle (city bus, county vehicle, state patrol) hit you, you must provide written notice to the government entity within 90 days of the accident under the Mississippi Tort Claims Act (MTCA). Failure to provide timely notice can bar your claim entirely.
Yes. The statute may be tolled (paused) if the injured person is a minor or legally incompetent. For minors, the 3-year clock typically starts when they turn 18. Government claims have a 1-year limit under MTCA.
You lose the right to pursue compensation through the courts, regardless of how strong your case is. This is why acting quickly is critical—call (601) 265-1664 today.
Mississippi crash reports are available through the Mississippi Department of Public Safety portal, typically 7-10 days after the accident. You’ll need the report number, date, and location.
You can still recover damages under Mississippi’s pure comparative fault system (MS Code § 11-7-15). Your damages are reduced by your percentage of fault. For example, if awarded $100,000 but found 20% at fault, you recover $80,000.
Yes. Even if you were crossing outside a crosswalk, you can still recover under Mississippi’s pure comparative fault system. Jaywalking may reduce your recovery by your percentage of fault, but it doesn’t completely bar recovery.
You can still pursue a claim. While MS Code § 63-3-1105 requires pedestrians to yield to vehicles when crossing outside crosswalks, drivers still have a duty to exercise reasonable care to avoid striking pedestrians. Your recovery may be reduced by your comparative fault.
This is a common insurance company argument to shift blame. Even if partially true, it doesn’t bar recovery—it may only reduce damages under comparative fault. Your attorney will counter this argument with evidence of the driver’s negligence (speeding, distraction, failure to maintain lookout).
You had clear right-of-way and the driver was negligent. This is a strong case for full liability against the driver, though insurers may still try to argue you should have been more careful.
Left-turn pedestrian accidents are common. Drivers making left turns often focus on oncoming traffic and fail to see pedestrians in the crosswalk. If you had the right-of-way, the driver is liable for failing to yield.
This is strong evidence of negligence. Cell phone records can prove the driver was using their phone at the time of the accident, supporting substantial damages and potentially punitive damages.
DUI drivers demonstrate gross negligence and reckless disregard for safety. DUI pedestrian accidents often support claims for punitive damages under MS Code § 11-1-65 in addition to compensatory damages.
Initially, your health insurance or medical payments coverage may pay. Ultimately, the at-fault driver’s liability insurance should compensate you for all medical expenses. If the driver is uninsured, your uninsured motorist (UM) coverage may apply.
You may recover through your own uninsured motorist (UM) coverage if you have it. Mississippi law requires insurers to offer UM coverage, though you can reject it in writing. If you have UM coverage, it provides compensation when the at-fault driver is uninsured.
Yes. UM coverage typically applies to pedestrians struck by uninsured drivers, even if you weren’t in a vehicle at the time. Check your auto insurance policy or call (601) 265-1664 to discuss your coverage.
There is no “average” settlement—each case is unique. Settlement value depends on injury severity, medical treatment required, permanent disabilities, lost wages, earning capacity impact, driver negligence, and available insurance. Catastrophic injury cases can be worth hundreds of thousands to millions of dollars.
Value depends on your specific injuries, treatment, disabilities, lost income, pain and suffering, and other factors. Call (601) 265-1664 for a free consultation to discuss your case’s value.
Economic damages (medical expenses, lost wages, future medical care, lost earning capacity) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, loss of consortium). Punitive damages may be available in cases involving gross negligence.
Potentially, if the driver acted with actual malice, gross negligence evidencing willful/wanton/reckless disregard for safety, or actual fraud (MS Code § 11-1-65). Common scenarios: DUI, excessive speeding, hit-and-run, repeat offenders.
No. Insurance companies almost always make lowball initial offers to settle quickly before you understand the full extent of your injuries or consult an attorney. These offers are typically far below true case value.
Insurance companies aggressively try to shift blame to reduce their liability. Even if you are partially at fault, you can still recover under Mississippi’s pure comparative fault system. Your attorney will counter their arguments and fight to minimize your comparative fault percentage.
If the driver cannot be identified, you may file a claim under your uninsured motorist (UM) coverage. If the driver is eventually identified, fleeing the scene supports punitive damages claims as it demonstrates willful and wanton disregard for your safety.
Parking lot pedestrian accidents are common. Drivers backing out, distracted drivers, and poor lighting contribute to these accidents. The same legal principles apply—you can pursue compensation if the driver was negligent.
Claims against government entities are governed by the Mississippi Tort Claims Act (MTCA), which requires 90-day written notice, imposes a 1-year statute of limitations, and caps damages at $500,000. These claims are complex—call (601) 265-1664 immediately.
Potentially, if poor road design, inadequate pedestrian infrastructure, malfunctioning signals, or road defects contributed to your accident. Claims against government entities require compliance with MTCA (90-day notice, 1-year statute, $500,000 cap).
Mississippi Highway Patrol investigates crashes on state highways. The legal process is the same, though responsible parties may differ. If poor road design or maintenance contributed, claims against MDOT may be possible under MTCA.
Drivers have heightened duties in school zones and must yield to pedestrians in crosswalks. Violations of school zone speed limits or failure to yield at crosswalks strengthen your case for full liability against the driver.
Over 75% of pedestrian fatalities occur at night. Poor lighting, dark clothing, and driver impairment contribute to night-time accidents. While these factors may be raised by insurers, drivers still have a duty to maintain a proper lookout and adjust for conditions.
This is a common scenario in parking lots. While stepping out from between parked cars may contribute to comparative fault, drivers still have a duty to exercise reasonable care, especially in parking lots where pedestrian activity is expected.
“I didn’t see them” is not a legal defense. Drivers have a duty to maintain a proper lookout and see what they should see. Failure to see a pedestrian often indicates negligence (distraction, speeding, failure to maintain lookout).
You can still recover compensation. Mississippi law follows the “eggshell plaintiff” rule—defendants take victims as they find them. If the accident aggravated a pre-existing condition, you can recover for the aggravation.
You can still pursue a pedestrian accident claim. Many medical providers will treat accident victims on a lien basis, meaning they agree to be paid from your settlement. Your attorney can help arrange medical treatment.
Immigration status does not affect your right to pursue a personal injury claim in Mississippi. All pedestrians, regardless of citizenship, have the right to seek compensation for injuries caused by negligent drivers.
You can still pursue a claim against the driver’s estate and their insurance company. The driver’s death does not eliminate liability or insurance coverage.