Mississippi Pedestrian TBI Crashes: Your Legal Rights Explained

A Mississippi family is sharing a remarkable recovery story this month after their teenage son survived being struck by a vehicle and suffered a traumatic brain injury (TBI) alongside a long list of other catastrophic harms. While the family’s focus is rightly on healing, stories like this one raise serious legal questions for any Mississippi family that finds itself in a similar nightmare. At Van Every Law, we have spent generations helping injured Mississippians understand what comes after the ambulance leaves — and what their rights look like when someone else’s choices change a child’s life forever.

What Happened

According to reports, a 17-year-old from Mississippi was struck by a vehicle on January 3 while he was reportedly helping a friend who had been involved in a wreck. The teen sustained a traumatic brain injury along with a broken pelvis, femur, hip, ribs, facial fractures, two collapsed lungs, and a stroke. Doctors reportedly performed a craniectomy — surgically removing a portion of his skull to allow his brain to swell without further damage — and placed him in a medically induced coma for roughly two weeks.

He was then transferred out of state, to Atlanta, for specialized inpatient rehabilitation. Months later, he has undergone multiple additional surgeries, including the implantation of a custom-made prosthetic skull plate, and has now reportedly completed outpatient physical therapy while continuing speech therapy. Doctors have alleged that full brain healing could take up to a year. The family describes the recovery as remarkable — but the long-term cognitive, physical, and emotional consequences of a TBI can stretch far beyond what is visible.

Who May Be Liable

When a pedestrian is struck while assisting at a roadside crash scene, several parties could be liable depending on the facts. Potentially responsible parties may include:

• The driver who struck the pedestrian. A motorist who fails to slow down, move over, or keep a proper lookout near a disabled vehicle may be liable for negligence.
• The driver who caused the original wreck. If a first collision created the dangerous roadside conditions, that driver could share fault under Mississippi’s comparative fault rules.
• An employer. If the striking driver was working at the time — for a delivery service, trucking company, or other employer — the company may be vicariously liable under respondeat superior.
• A government entity. If poor road design, missing signage, broken lighting, or an unsafe shoulder contributed to the crash, a state or local agency could potentially face claims, though strict notice deadlines apply.
• A third-party contractor. Construction zones, towing operations, or roadway maintenance crews that fail to protect roadside workers and helpers could also bear responsibility.

None of these parties are presumed at fault in any specific case. Liability always depends on the evidence.

Legal Theories That May Apply

A Mississippi pedestrian TBI case can involve several overlapping legal theories. Among the most common:

• Negligence. The core theory in most auto-pedestrian cases — that a driver failed to use reasonable care behind the wheel.
• Negligence per se. When a driver violates a traffic statute (speeding, failure to yield, distracted driving, Mississippi’s Move Over law), that violation may itself help establish breach of duty.
• Vicarious liability. Holding an employer responsible for the negligence of an on-duty employee.
• Negligent hiring, training, or supervision. Where a company put an unfit or undertrained driver behind the wheel.
• Premises or roadway liability. Against a property owner or government entity whose unsafe conditions contributed to the harm.
• Product liability. If a vehicle defect — brakes, headlights, advanced driver-assistance systems — played a role, the manufacturer could be liable.
• Dram shop liability. If an impaired driver was overserved alcohol by a licensed establishment, Mississippi law may permit a claim against that establishment in limited circumstances.
• Uninsured/underinsured motorist (UM/UIM) claims. Often the most important source of recovery when the at-fault driver carries little or no insurance — a common reality in Mississippi.

Damages Victims May Recover

A traumatic brain injury is one of the most expensive injuries a family can face. Mississippi law allows injured victims (and, in fatal cases, their families under the Mississippi Wrongful Death Statute, Miss. Code § 11-7-13) to pursue several categories of damages, which may include:

• Past and future medical expenses — emergency care, neurosurgery, hospitalization, rehabilitation, prosthetics like a custom skull plate, speech and occupational therapy, and lifelong follow-up care.
• Lost wages and lost earning capacity — especially significant for a young person whose career trajectory may be altered.
• Pain and suffering — physical pain, emotional distress, and reduced quality of life.
• Disfigurement and scarring.
• Loss of consortium — recognized in Mississippi for spouses, and in certain circumstances for parents and children.
• Punitive damages — available in Mississippi under Miss. Code § 11-1-65 where the defendant’s conduct involves actual malice, gross negligence evincing willful disregard, or fraud. These damages are capped depending on the defendant’s net worth.

Mississippi follows a pure comparative fault rule, so even a partially at-fault plaintiff may still recover, with damages reduced by their share of fault.

Evidence That Strengthens a Case

TBI claims rise and fall on documentation. Evidence that may strengthen a pedestrian-struck case includes:

• The official crash report and any supplemental investigations.
• 911 audio and dispatch logs.
• Dashcam, traffic-camera, or nearby business surveillance footage.
• Cell phone records suggesting distracted driving.
• Event Data Recorder (“black box”) downloads from the involved vehicles.
• Photographs of the scene, vehicles, lighting, and skid marks.
• Witness statements from the friend being helped, passing motorists, and first responders.
• Complete medical records, imaging (CT, MRI), neuropsychological testing, and rehabilitation notes.
• Expert reports from accident reconstructionists, biomechanical engineers, neurologists, neuropsychologists, and life-care planners.
• Toxicology and any DUI investigation results.
• For commercial drivers: hours-of-service logs, employment file, drug screens, and company safety policies.

Much of this evidence disappears quickly. Surveillance footage is often overwritten in 30 days or less, and vehicles are sometimes scrapped before they can be inspected.

What to Do Next

If your family is walking through the early days of a serious crash, a few protective steps matter:

1. Get and keep every medical record. TBIs often produce symptoms that surface weeks later — headaches, mood changes, memory issues, sleep disruption. Document everything.
2. Preserve physical evidence. Don’t let the vehicle be repaired or junked until counsel has examined it.
3. Don’t give recorded statements to insurance adjusters — including your own — before speaking with an attorney. Early statements can be twisted against you.
4. Be cautious with social media. Insurers will look.
5. Mind the deadlines. Mississippi’s general personal injury statute of limitations is three years (Miss. Code § 15-1-49). Claims against governmental entities under the Mississippi Tort Claims Act require notice within 90 days and have a one-year limitations period — far shorter than most people expect.

If you or a loved one has suffered a traumatic brain injury in a Mississippi crash, you don’t have to figure this out alone. Call Van Every Law at (662) 502-5353 for a free Mississippi case evaluation — over 9 decades of trusted legal excellence. You can also reach us at https://vaneverylaw.com.

Frequently Asked Questions

Can I sue if my child was hit by a car while helping at the scene of another wreck?

Possibly, yes. Mississippi drivers have a duty to slow down and use care around disabled vehicles and people on the roadside, and a driver who fails to do so may be liable for negligence. The viability of any specific claim depends on the facts, the available evidence, and applicable insurance coverage.

How long do I have to file a personal injury lawsuit in Mississippi?

Mississippi’s general statute of limitations for personal injury is three years from the date of the incident under Miss. Code § 15-1-49. Claims against a city, county, or state agency are governed by the Mississippi Tort Claims Act, which requires a written notice of claim within 90 days and a one-year limitations period. Missing these deadlines can end an otherwise strong case.

What if the driver who hit my family member did not have enough insurance?

This is unfortunately common in Mississippi. Your own uninsured/underinsured motorist (UM/UIM) coverage may step in to pay for medical bills, lost wages, and pain and suffering up to your policy limits. An attorney can also investigate whether other defendants — such as an employer or a bar that overserved a drunk driver — could be liable.

Are TBI symptoms that show up weeks later still compensable?

Yes. Traumatic brain injuries often produce delayed cognitive, emotional, and physical symptoms that may not appear in the first ER visit. As long as you can connect those symptoms to the crash through medical evidence, they may be part of your damages claim. This is one reason consistent follow-up care matters so much.

Does it matter if my loved one was in the roadway when they were struck?

It may affect the analysis, but it usually does not bar a claim. Mississippi follows pure comparative fault, meaning a victim’s recovery is reduced by their percentage of fault but not eliminated — even if they are found more at fault than the driver. A thorough investigation often shows the driver had time and opportunity to avoid the collision.

Who pays for long-term rehabilitation and future medical care?

In a successful claim, the at-fault party’s insurance (and any applicable UM/UIM coverage) may be responsible for future medical expenses, including rehabilitation, therapy, surgeries, and assistive devices. A life-care planner and treating physicians typically help quantify those future costs. Documenting every appointment and recommendation strengthens this part of the case.

Can the family of a teenager bring the claim, or does the teen have to wait until 18?

In Mississippi, a parent or legal guardian can bring a claim on behalf of an injured minor. Courts often require approval of any settlement involving a minor to ensure it serves the child’s best interests. An attorney can help structure the recovery so funds are protected and accessible for ongoing medical needs.

What should I avoid saying to the insurance company after a serious crash?

Avoid giving recorded statements, signing medical authorizations, or accepting any settlement before speaking with an attorney. Even innocent comments like “I’m doing okay” can be used to minimize a claim, and TBI symptoms often worsen or evolve over time. Let your lawyer manage communications so your rights are protected.

Original reporting: wmtw.com.