According to the Centers for Disease Control and Prevention (CDC), in 2017, over 5,900 people lost their lives in pedestrian accidents. Pedestrians have no protection when being struck by a vehicle. The speed of the impact, combined with the weight of the vehicle, can result in life-threatening injuries and even death.
If you or a loved one was involved in a collision as a pedestrian, you have legal options when it comes to seeking justice and financial recovery. A Eunice pedestrian accident lawyer from Laborde Earles Injury Lawyers can assess your situation and explain your legal options. One of the elements that pertain to your case is the state’s statute of limitations. Under Louisiana Civil Code §3492, you typically have a one-year period to file a lawsuit for damages. For that reason, we encourage you to seek legal assistance as soon as you can.
To begin a free, no-obligation case review with a member of our team, call us today at (337) 777-7777.
Causes of Pedestrian Accidents
Before your lawyer can start pursuing the cost of your damages, they must first ascertain what elements contributed to your accident.
Reasons for your accident could include:
Impaired Driving
Impaired driving is when a motorist operates a vehicle while under the influence of any mind-altering substance. This could include alcohol, drugs, and even prescription medications. All motorists have a duty of care to not operate a vehicle when their driving skills are impaired. The National Safety Council reports that in 2017, alcohol was a factor in 41% of all pedestrian accidents.
Distracted Driving
Many people are aware of the dangers that come with distracted driving. However, this element does not solely refer to texting. Other activities, such as eating, drinking, and talking to other passengers, can also serve as a distraction. Your lawyer can review the liable party’s phone records to determine if distracted driving played a role in your accident.
Speeding
According to the National Highway Traffic Safety Administration (NHTSA), in 2018, speeding killed over 9,300 people nationwide. Speeding not only breaks the law, but it also limits the amount of time a driver has to come to a complete stop. If speeding played a role in your accident, your Eunice pedestrian accident lawyer can review traffic surveillance footage to assign liability.
Low Visibility
Pedestrians are not as visible as trucks and cars. If you were injured because of low visibility, liability could rest on a government department responsible for maintaining the roadway. Streetlights, road reflectors, and clearly marked crosswalks must be present to promote pedestrian safety. If these elements were not present, you could potentially hold the driver and a government department responsible.
Disregarding Traffic Signals
Pedestrians are granted the right of way in many traffic conditions. For example, according to Louisiana Revised Statute §32:212, if there are no traffic-control signals in operation, motorists have to give right-of-way to pedestrians in a crosswalk. If not, they can be held financially liable for any ensuing damages.
Our team is determined to discover what caused your accident so we can begin the process of recovering compensation. Even if you do not see the cause of your accident listed here, we can still help you. To begin a free case review, call Laborde Earles Injury Lawyers today at (337) 777-7777.
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Compensable Damages From a Pedestrian Accident
In addition to the physical pain of your injuries, you could also be facing rising medical bills and lost wages. These are considered economic damages because they are losses that have a verifiable value. Losses like pain and suffering, emotional trauma, and disability are considered noneconomic damages because they do not have a verifiable value.
Possible recoverable expenses in your case could include:
- Medical expenses, including assistive devices and physical therapy
- Lost wages
- Reduced earning capacity
- Childcare costs
- Pain and suffering and inconvenience
- Emotional trauma
- Disability
- Disfigurement
- Dismemberment
Based on the details of your case, you could recover losses that we have not included here.
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Filing a Wrongful Death Claim
Because of the violent nature of pedestrian accidents, many victims are not able to survive the extent of their injuries. If you lost a loved one in such an accident, a Eunice pedestrian accident lawyer can advise you on your legal options. Under Louisiana Civil Code §2315.2, certain family members are granted the ability to file this type of civil action. Additionally, under Louisiana Civil Code §2315.1, certain family members are able to recover damages.
Compensable losses in a successful wrongful death claim could include:
- The decedent’s end-of-life medical bills, such as hospice
- Funeral, burial/cremation, and memorial expenses
- Loss of consortium
- Loss of income
- Loss of parental guidance and household benefits
Again, you may be able to recover the cost of damages that we have not included here. If so, we encourage you to share those details with your Eunice pedestrian accident lawyer.
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Laborde Earles Injury Lawyers is On Your Side
During this stressful time, you can count on your legal team to put your interests first. After analyzing your case, injuries, and damages, they can implement a plan of action designed for success. They may render services that could be completely different to a case similar to yours.
Your lawyer can:
- Notify the involved parties of your legal intentions
- Handle all communications with these parties and their insurers
- Assess the cost of your damages
- Fight for a settlement that reflects your losses
- Consult with third-party field experts regarding your accident and injuries
- Collect evidence to assign liability
- Take your case to court, if necessary
At Laborde Earles Injury Lawyers, we work on a contingency-fee basis. We get paid a mutually agreed-upon percentage from the settlement we get for you. If we cannot recover compensation in your case, then you do not owe us our attorney’s fees. We do this both to demonstrate our commitment to your case and minimize your financial risk.
We want to get started advocating for your rights and protections today. To begin, call us today at (337) 777-7777.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
