A pedestrian accident is a traumatic experience for you and your family. The accident may happen in a few seconds but lead to a long recovery journey. You can fight for compensation from the party that caused your injuries by filing a case against them. But recovering damages may not be as easy as you anticipate.
The other party’s insurance company may try to dispute your claims to pay less in compensation. But a Baton Rouge pedestrian accident lawyer from Laborde Earles Injury Lawyers can help you seek fair compensation. They know how to fight for your rights, whether with the insurer or in court. Read on to understand your rights and our lawyer’s role in helping you recover damages.
Your Legal Options After an East Baton Rouge Parish Pedestrian Accident
After your pedestrian accident in Baton Rouge, the at-fault party must reimburse you for the losses you sustained. To facilitate reimbursement, Louisiana requires drivers to carry liability coverage for vehicles they own.
Liability coverage provides compensation to the injured party if the driver causes an accident. It pays for things such as medical bills and property damage. So, the other party’s insurance company may reach out to you during the claims process. They might be looking for ways to limit their liability. For example, something you say might imply you were at fault, thereby reducing your settlement.
With the help of our Baton Rouge pedestrian accident lawyer, you won’t have to worry about jeopardizing your case. We can handle talks with the insurance company. Our lawyer can also employ their negotiation skills to get you the compensation you deserve. If a settlement cannot be reached, we can help you file suit and represent you in court.
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Liability in a Baton Rouge Pedestrian Accident Case
A driver that hit you may be liable for your accident if their actions were negligent. Examples of negligence among drivers include:
- Driving while drunk or distracted
- Disobeying traffic regulations
- Failure to yield the right of way to pedestrians
- Speeding
Sometimes, however, multiple parties contribute to your pedestrian accident. Consider a truck driver that causes an accident because they were tired after working too many hours. Their employer may also be liable for encouraging them to exceed the required work hours.
Your pedestrian accident may also happen because of a defective part of the car. You can then hold the manufacturer of the part responsible. Your lawyer can gather all the facts of the case to determine how your accident happened and which parties are responsible. Your lawyer can then help you recover damages from all the involved parties.
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Ways Our Pedestrian Accident Lawyer Can Help
Proving that the other party’s negligence led to your accident is essential if you are to recover compensation. To help you prove negligence, your lawyer can carry out in-depth investigations and gather evidence. They can obtain video footage of the accident, if any.
Your lawyer can also talk to witnesses and get their statements on the crash. They can also consult professionals such as accident reconstructionists. Videos, witness statements, and expert opinions can all help determine how the accident happened and thus who was at fault.
Your lawyer can also help you understand the process of recovering compensation. They can answer all the legal questions you have on the matter. A lawyer from our firm can also keep you up to date with your case’s progress. Having all the information you need can help you attain peace of mind.
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How Sharing Fault for the Accident Affects Your Compensation
If you shared part of the fault for your pedestrian accident, you don’t lose your chance to recover compensation. Instead, your percentage of fault for the accident will be determined and used to reduce the compensation amount.
This is known as comparative fault. For example, being 15% at fault for the accident means you may recover 85% of the total compensation.
The defense may try to reduce their financial responsibility as much as possible by using the comparative fault law. A lawyer on our team can rely on evidence to establish fault. By doing so, they protect your right to receive the compensation you deserve.
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Injuries From a Pedestrian Accident
An accident involving a pedestrian and a motor vehicle places the pedestrian at risk for severe injury. For example, you may sustain a spinal cord or brain injury.
Spinal cord injuries may lead to problems with mobility. It may also lead to long-term disability. A brain injury could be so severe that it leads to:
- Loss of muscle strength
- Speech, vision, and hearing problems
- Behavioral and social deficits
- Problems with motor skills
Pedestrian accidents can also turn fatal. Your lawyer can help you recover wrongful death damages if your loved one died in a pedestrian accident.
Recovering Damages After a Pedestrian Accident in Baton Rouge
We can help you recover damages for the financial and intangible losses you suffer due to the accident. Financial losses include medical costs and lost wages. In calculating these damages, your lawyer accounts for future costs, too, to ensure you get all the compensation you deserve.
Some of the intangible losses you can recover compensation for include pain and suffering and emotional distress. Others are loss of enjoyment of life and scarring and disfigurement.
We can help you recover damages while ensuring you meet all deadlines. According to CC Art. 3492, you have a year from the day of your injury to file suit.
Fight for Financial Recovery With the Help of Our Pedestrian Accident Lawyer
After you’ve been in a pedestrian accident, you may wonder if your case stands a chance. We can look at your case to help you answer this and other questions. We can also help you navigate the entire compensation process. Call Laborde Earles Injury Lawyers today to discuss your case.
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