Every driver has a duty of care to all pedestrians, yet crossing the road is one of the most dangerous things people have to do every day. In the state of Louisiana, pedestrians have the right of way in crosswalks.
Pedestrians are smaller than vehicles, and many drivers may get distracted while driving. This means that drivers need to pay a lot of attention while driving, especially in densely populated regions. Injuries from a pedestrian accident are very significant since the victim gets hit directly by the vehicle. This can result in catastrophic injuries that severely affect the victim’s life.
Pedestrians hit by cars on the road may spend a lot of time in the hospital during recovery. They may also have to undergo physical therapy, which will cost a lot of money. If you or your loved one has suffered a pedestrian accident, get legal representation.
An Abbeville pedestrian accident lawyer can help you seek the compensation you deserve. Get in touch with Laborde Earles Injury Lawyer today through (337) 777-7777 for a free case evaluation.
Factors Affecting Compensation Amount in a Pedestrian Accident Case
Different factors will affect the compensation amount a victim seeks after a pedestrian accident.
Some of these factors include:
- Severity of injuries
- Medical expenses
- Property damages
- Loss of earning capability
- Cost of adaptive equipment
- Pain and suffering
The severity and extent of injuries sustained by the victim of a pedestrian accident go a long way in determining the amount of compensation. Catastrophic injuries that significantly reduce the victim’s quality of life will qualify for more compensation. Catastrophic injuries also require more medical attention, which adds to the expense of the injury.
Medical expenses, including the cost of surgery, therapy, and rehabilitation, will also increase the amount of compensation. The cost of current and future expenses will also come into consideration when calculating the damages. Any property damages incurred by the victim during the accident will also increase the compensation amount.
The victim’s lost earning capabilities, including lost wages during the recovery period, will also affect the compensation awarded. The cost of adaptive equipment such as wheelchairs or special modifications to your home as a result of the accident will increase the compensation. The injured party may also get compensated for the pain and suffering they have endured due to the accident.
Depending on the nature of the accident, the court may decide to award punitive or exemplary damages. Getting the compensation you deserve is not that easy.
An Abbeville pedestrian accident lawyer can show that the driver is the at-fault party by presenting evidence in your favor. A lawyer can also negotiate fair compensation from the liable party’s insurance company.
For a free legal consultation with a pedestrian accident lawyer serving Abbeville, call (337) 777-7777
What to Do Immediately After a Pedestrian Accident
The first thing you should do after a pedestrian accident is to get medical attention. The medical records are very important and will be useful in showing the court the extent or severity of your injuries. Medical records will act as proof that your injuries are due to the accident. You should also get the police report.
If possible, try to get the contact information of any witnesses to the accident. In most cases, doing all these tasks is overwhelming after suffering a pedestrian accident. An Abbeville pedestrian accident lawyer can collect evidence to help you prove liability.
A lawyer can also follow up on the chain of custody to ensure that the evidence does not tamper.
See what a pedestrian accident lawyers from Laborde Earles Injury Lawyers can do for your case. Let us review your case for free, just by calling us at (337) 777-7777 today.
Abbeville Pedestrian Accident Lawyer Near Me (337) 777-7777
What to Do if the Injured Pedestrian Is Partly at Fault
According to the Center for Disease Control and Prevention, approximately 47% of all pedestrian accidents involved alcohol; intoxication for both drivers and pedestrians. Being partly at fault for the accident should not stop you from making a claim. Louisiana follows a comparative negligence system where you can still get compensated. However, the amount you receive will decrease by your percentage of fault in causing the accident.
Some drivers and insurance companies may try to discourage you from claiming by arguing that you were at fault for the accident. The driver’s insurance company may also refuse to pay your claim. They might also offer you very little compared to the injuries you have sustained. The insurance company may argue that the injuries are not a result of the accident.
Dealing with insurance companies can be quite tricky, and they might try to use the comparative negligence principle to show you that you have more to lose. This is also one of the major reasons why some victims seek legal representation.
See How Laborde Earles Injury Lawyers Can Help
The main thing you should focus on after suffering a pedestrian accident is recovering. You can allow a lawyer to deal with the legal process. You also want to act fast to comply with Louisiana’s Civil Code (CC) Art. 3492, which only allows you one year from the date of the accident to file a lawsuit.
An Abbeville pedestrian accident lawyer can negotiate a fair settlement even if you are partly at fault. Call Laborde Earles Injury Lawyers today at (337) 777-7777 and get a free case evaluation.