If you are hit in a crosswalk, the driver who struck you is typically considered at fault, as pedestrians generally have the right of way.
However, the circumstances surrounding the accident, such as whether the motor vehicle driver was distracted or the pedestrian was acting negligently, will influence liability and potential compensation.
Our Lafayette pedestrian accident lawyers have the information you need to understand crosswalk pedestrian accidents and can help you pursue compensation if another party is negligent.
What if I Am Hit as a Pedestrian in a Crosswalk?
If you were a pedestrian who was hit while walking in a crosswalk, you can file an insurance claim or lawsuit against the responsible party. To help protect your rights, you should also take these steps immediately:
- Call the police to generate an accident report.
- If possible, get pictures of the accident scene.
- Get medical treatment for your injuries.
- Call a Lafayette personal injury law firm.
Because a pedestrian accident can leave you with severe injuries, you may consider hiring a personal injury team to help you seek compensation.
A Lafayette personal injury lawyer can help you understand more about what happens if you get hit in a marked crosswalk and what steps you may be able to take toward financial recovery.
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.
ClientDocument Your Injuries and Medical Expenses ASAP
Because you, as a pedestrian, have greater exposure to the impact of a collision than a vehicle driver, you also have an increased risk of sustaining serious physical damage. By documenting your physical injuries, required treatments, and related costs, your legal team can help you build a solid case for financial compensation.
If possible, take photos of your injuries to substantiate their severity. Your legal team may also advise you to obtain and keep copies of your medical records and bills. Your personal injury attorney may use these items to start building a case file that supports your right to monetary recovery due to negligence.
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 | ClientBuild a Comprehensive Case for Compensation
Holding the at-fault driver financially responsible for your post-accident expenses can be a long and demanding process that requires substantial evidence. Part of the evidence in your case may be the police accident report.
According to Louisiana Revised Statutes (RS) §32:398, an accident report is mandatory for vehicle accidents that result in injury.
Your accident report may tell your lawyer whether or not the at-fault driver violated traffic laws by entering the crosswalk illegally. It may indicate whether they:
- Ran a stop sign or other traffic control signal
- Appeared to be under the influence of drugs or alcohol
- Were distracted by something inside or outside their vehicle
Your crash report may also tell your legal team how to contact the at-fault driver and their insurer. Your legal team may also request records and documents like witness statements, medical bills, and employment and salary history.
Comply with these requests immediately to help your legal team compile an evidence file that supports your potential right to financial compensation.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientDamages in a Crosswalk Injury Case
If you get hit in a crosswalk, the aftermath can add to the stress and anxiety of your physical recovery. If you can establish the at-fault driver’s negligence, you may be able to recover the following types of damages:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Wrongful death damages (if a loved one was fatally injured)
The amount you can recover depends on the severity of your injuries, the driver’s liability insurance coverage, and your percentage of fault (if any).
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.
ClientDo Not Delay the Filing of Your Personal Injury Lawsuit
Every state in the U.S. has a statute of limitations dictating how much time victims have to file a personal injury lawsuit. Knowing and complying with the relevant statute of limitations is critical because failure to comply may mean you cannot file your lawsuit at all, or your lawsuit will simply be dismissed without ever being heard.
Involving a legal team in your pursuit of financial compensation can help you avoid having one of these negative consequences occur. According to Louisiana law, you typically have two years from the date of the accident in the crosswalk to file your lawsuit.
With enough notice of your intent to seek compensation, a local law firm can ensure timely compliance with the filing deadline.
Crosswalk Accident FAQ
Crosswalk accidents happen far more frequently than people realize. When you have been injured in a crosswalk, you may have many unanswered questions about what to expect from the claims process.
In the hope of easing your concerns, we have answered some common questions surrounding crosswalk accidents in Lafayette. If you have additional questions that are not answered on this page, do not hesitate to contact our office so we can discuss your specific concerns further.
Unmarked Crosswalk vs. Marked Crosswalk
Crosswalks are categorized as marked or unmarked, and understanding the difference is important for safety and legal purposes.
- A marked crosswalk is clearly indicated by painted lines or zebra stripes, often accompanied by signs or flashing lights. These are typically located in high-traffic areas, near schools, or at busy intersections, making them highly visible to drivers.
- An unmarked crosswalk exists at intersections without visible markings. While less noticeable, they are legally recognized as pedestrian crossing zones where sidewalks continue across the roadway.
In both cases, drivers must yield to pedestrians, though marked crosswalks provide greater visibility and safety. Pedestrians must also exercise reasonable care when crossing, especially in unmarked areas where drivers may be less aware.
Can I Share Fault for My Injuries?
Yes. Sharing liability for your crosswalk accident will not prohibit you from recovering compensation because Louisiana follows a pure comparative negligence system. Sharing fault, or contributory negligence, will have an impact on the amount of compensation you can collect.
When you share fault for your injuries, your injury settlement will be reduced in proportion to your percentage of fault. For instance, if you were using your cell phone while crossing in the crosswalk, the judge may find you 10% at fault for your injuries. You could then expect your injury settlement to be reduced by 10%.
This can have a substantial impact on your final award, so be sure to retain an experienced attorney who can prevent shared fault from having an adverse impact on your case.
How Will I Know if I Have Grounds for a Claim?
It is more common than you might think to be unsure whether you have the right to pursue a personal injury claim after an accident in a crosswalk. However, when you are laying in your hospital bed, consider whether someone else is at fault for your injuries. If someone else is responsible for your injuries, should you be covering the costs? Absolutely not.
You should be compensated for every way your life has been affected by your injuries. If your life has been significantly affected by the injuries you sustained, you have the right to hold the liable party accountable.
Your initial consultation with a pedestrian accident attorney is free. Find out whether you have the right to financial compensation by contacting an attorney for help.
What Types of Injuries Are Common in Crosswalk Accidents?
Crosswalk accidents can lead to severe or catastrophic injuries due to the pedestrian’s lack of protection. Common pedestrian injuries include:
- Broken bones
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Burn injuries
- Soft tissue injuries
These injuries often require extensive medical treatment, ongoing therapy, and may result in long-term financial losses.
Explore Your Compensation Options With an Attorney After a Pedestrian Accident
If you were injured in a pedestrian accident in a Lafayette crosswalk, you may have the basis of a personal injury lawsuit against the driver who hit you. When you are ready to explore your options for financial compensation, contact us to speak with a pedestrian accident lawyer today.
The attorneys of Laborde Earles have over 350 years of combined experience and will fight for the maximum compensation on your behalf. We can help. Call us today for a free consultation.
