Pedestrians are vulnerable on roadways. Getting into a pedestrian accident can be catastrophic. Depending on the accident’s severity, victims deal with hefty hospital bills and an extended recovery time.
Victims can file a claim against the at-fault party to get compensation for medical expenses and other losses. We recommend hiring an Iota pedestrian accident lawyer from Laborde Earles Injury Lawyers to ensure fair compensation. They will handle your case from start to finish while you recover from your injuries.
Why Hire Our Iota Pedestrian Accident Lawyer?
After a pedestrian accident, many victims assume they’ll automatically receive compensation for their injuries and other damages. However, you should be aware that insurance adjusters are keen to devalue or deny such claims, even when they’re valid. It would be best to seek legal help when pursuing your claim, as lawyers understand how to navigate such complexities.
A pedestrian accident lawyer from our firm plays several roles in helping you, including:
- Liaising with other professionals, such as the police and accident reconstruction experts, to determine the cause of the accident
- Interviewing all eyewitnesses at the accident scene and recording their statements
- Collecting enough evidence to support your claim
- Reviewing your medical records to establish your injuries’ extent
- Evaluating all your damages to determine the correct settlement amount
- Communicating and negotiating with insurers on your behalf
- Filing a personal injury lawsuit if necessary, and by the deadline
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientCommon Causes of Pedestrian Accidents
Pedestrian safety is a shared responsibility between drivers and pedestrians. The National Highway Traffic Safety Administration (NHTSA) advises pedestrians to take several safety measures to minimize accidents. Likewise, the NHTSA also recommends various safety measures for drivers to avoid colliding with pedestrians. However, despite these measures, pedestrian accidents are still rampant.
Some of the common causes of these accidents are:
- Distracted driving: Drivers must remain vigilant while on the road. Actions such as using a mobile phone or tuning the vehicle stereo can easily distract a driver, causing them to crash.
- Walking or driving under the influence: Alcohol and drugs impair a person’s judgment. Drunk drivers may not be fully aware of their surroundings and can miss stop signs, causing accidents. On the other hand, drunk pedestrians are also likely to disobey traffic signals and walk or cross the road where they shouldn’t.
- Turning at intersections without looking both ways: Drivers must ensure the road is clear before turning at an intersection.
- Speeding: When a driver is speeding, they may not stop in time if a pedestrian suddenly crosses the road. Driving at high speed affects reaction time.
Some accidents also occur due to design defects in crosswalk locations and failure to consider upstream and downstream traffic flows. Additionally, motor vehicles and bikes can fail to yield to pedestrians at crosswalks, crashing onto them.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientLiability in Pedestrian Accidents
The cause of the accident determines the liability. In such accidents, the liable party can be the driver, a company, a vehicle manufacturer, or a government entity. In some cases, several parties may be at fault, or even the pedestrian. To determine liability, lawyers investigate the accident and gather evidence to establish:
- Duty of Care: This proves that the at-fault party owed a duty of care to you, the pedestrian.
- Breach of Duty of Care: Your lawyer must prove that the at-fault party breached the duty of care by failing to pay attention, deliberately breaking traffic rules, selling poor-quality vehicle parts, or maintaining the road.
- Causation: You can only have a valid claim if you sustained an injury due to the driver’s or a manufacturer’s negligence.
- Damages: You endured damages because of your accident.
Drivers and pedestrians should uphold high standards of care and act responsibly while on the road, but drivers are held to a higher standard. A driver can be negligent for speeding, failing to yield, failing to pay attention, using their phone, and failing to use appropriate turn signals.
On the other hand, a pedestrian can bear fault for:
- Ignoring traffic laws and signals
- Failing to use designated crosswalks
- Darting out in front of cars
- Failing to check to see if it’s safe to cross or not paying attention while on the road
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientUnderstanding Comparative Fault
Since Louisiana recognizes comparative fault, pedestrians can share liability if their actions contributed to the accident. Suppose a pedestrian ignored traffic signals and the driver was distracted or speeding and couldn’t stop in time. In that case, both the driver and pedestrian will be at fault.
While the pedestrian can still claim compensation, they’ll claim less due to their share of fault. However, the insurance company must prove that the pedestrian was also at fault.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientStatute of Limitations in Pedestrian Accident Cases
According to CC Art. 3492, victims of pedestrian accidents in Louisiana only have two years from the accident date to bring a lawsuit against the liable party. If the accident was fatal, the surviving dependents have two years from the date of the death to file a wrongful death lawsuit.
Failing to file a lawsuit before the deadline can cause you to lose out on compensation, so consult our firm as soon as possible after the accident. We want to get started right away to safeguard your right to compensation.
Damages in Pedestrian Accident Cases
If you’re a pedestrian accident victim, the chances are that you’re dealing with severe injuries and substantial medical bills. Your lawyer might claim the following damages:
- Current and future medical bills. It’s crucial to seek medical attention immediately after the accident and record your ambulance bills, hospital bills, surgical expenses, cost of medication, and any other medical-related expenses.
- Lost wages and loss of earning capacity. Depending on the severity of your injuries, you may have to stay in hospital and take several months off from work. You’re entitled to claim any income you lose because of the accident.
- Pain and suffering. Victims of accidents deal with a lot of pain because of the injuries. You can claim compensation for physical, emotional, and psychological distress.
- Wrongful death. If the accident was fatal, the victim’s dependent could claim compensation for hospital bills, funeral costs, burial expenses, and loss of consortium.
In case of a disability, the victim can claim the cost of rehabilitation, home and vehicle modifications, and medical devices, such as a wheelchair.
Let Us Handle Your Acadia Parish Pedestrian Accident Case
If you’ve been injured or lost a loved one in a pedestrian accident, you have a right to claim compensation. With substantial medical bills and no income, victims of pedestrian accidents can have a heavy financial burden. Our pedestrian accident lawyers help victims get justice and claim fair compensation for their damages. Contact Laborde Earles Injury Lawyers today for a free consultation.
