Even if it is clear that a driver involved in a collision with a pedestrian is at-fault, under Mississippi Code Annotated §11-7-15, courts must evaluate the actions of all parties to an accident and assign blame accordingly. As a result, a defendant driver may claim that a pedestrian was not using a crosswalk, moved out from between parked cars, or was not wearing reflective clothing at night.
If a Jury believes these claims, it may allocate fault against the pedestrian, in which case the Court will reduce a claimant’s award by the percentage of fault the jury assigns to them.