Being struck by a vehicle as a pedestrian is one of the most devastating types of accidents. In Mississippi, pedestrians have important legal rights, but recovering compensation can be challenging, especially when insurers attempt to shift blame. Knowing your options and the defenses you may face is essential to protecting your claim.

Your Rights as a Pedestrian in Mississippi

Pedestrians are entitled to use crosswalks, sidewalks, and other public areas safely. Under Mississippi law:

• Drivers owe a duty of care to avoid hitting pedestrians, particularly in intersections and crosswalks.

• Pedestrians also have responsibilities, such as obeying traffic signals and not darting into traffic unexpectedly.

• If a driver’s negligence—such as speeding, distracted driving, or failing to yield—causes a pedestrian accident, the driver can be held legally responsible.

Even if the pedestrian shares some fault, Mississippi’s pure comparative negligence system allows victims to recover compensation, though their recovery is reduced by their percentage of fault.

Filing a Claim as an Injured Pedestrian

If you are hit by a car in Mississippi, you may have several options to pursue compensation:

1. At-Fault Driver’s Liability Insurance

   • Mississippi requires drivers to carry liability insurance. If the driver was negligent, their policy should cover your medical bills, lost wages, and pain and suffering.

2. Uninsured/Underinsured Motorist Coverage (UM/UIM)

   • If the driver is uninsured or has too little coverage, you may be able to file under your own UM/UIM policy if you carry it.

3. MedPay Coverage

   • If you have MedPay on your auto insurance, it can help cover immediate medical expenses regardless of fault.

4. Third-Party Claims

   • If poor road conditions, defective vehicle parts, or other outside factors contributed, additional claims may be possible against a government agency or manufacturer.

Common Defenses Used by Insurers

Insurance companies often attempt to limit or deny pedestrian claims by arguing:

• The pedestrian was jaywalking – Claiming you crossed outside a crosswalk or against a signal.

• The pedestrian was distracted – Alleging you were on your phone or not paying attention when the accident happened.

• The pedestrian darted into traffic – Suggesting the driver had no reasonable chance to stop.

• Shared fault – Using Mississippi’s comparative negligence rule to reduce their payout by assigning some blame to you.

Anticipating these defenses and countering them with strong evidence—police reports, witness testimony, surveillance footage, and medical documentation—is critical.

Steps to Take After a Pedestrian Accident in Mississippi

1. Call 911 and ensure police create an accident report.

2. Seek immediate medical treatment, even if you feel okay—some injuries are hidden.

3. Gather evidence if possible, including driver information, witness names, and photos of the scene.

4. Avoid speaking to the insurance adjuster without legal advice—your statements can be used against you.

5. Consult with an attorney who can evaluate your claim, handle negotiations, and build a strong case against insurer defenses.

Call Bill Kellum For Legal Help Today

Pedestrian accidents often leave victims facing steep medical bills, lost income, and long recoveries. If you’ve been injured as a pedestrian in Mississippi, Kellum Law Firm, P.C. is here to protect your rights and fight for the compensation you deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 today to discuss your case.