The risk of being hit by a truck, motorcycle, or car is the highest in case of pedestrians, especially when they are in crosswalks, near a road, or on the sidewalk. It takes only a split-second of distraction on part of a driver for a pedestrian to have their life turned upside down with devastating, life-altering injuries.
If this happens to you or a loved one, it is vital to seek legal counsel from a committed Lafayette pedestrian accident lawyer immediately. They can help you determine your next steps so that you can move forward.
Possible Injuries to Pedestrians
Distracted or inattentive drivers are the foremost cause of a majority of accidents involving pedestrians. Pedestrians are vulnerable to serious bodily injuries in these types of accidents. Even a vehicle that is traveling at only a few miles an hour can cause an extreme injury to a pedestrian and even result in their death or permanent disability.
Due to the relative weight and size of cars and pedestrians, there is hardly any chance for a pedestrian to walk away unharmed from these accidents. Fractures, broken bones, neck or back injuries, brain injuries, and death are all possible consequences.
Seeking medical care after a pedestrian accident is essential. However, it is also important to speak to a knowledgeable Lafayette pedestrian accident lawyer who can help assert a pedestrian’s rights.
For a free legal consultation with a pedestrian accident lawyer serving Lafayette, call (337) 777-7777
Determining Fault in Lafayette Accidents
Irrespective of whether someone was hit while jogging along a sidewalk or when walking in a crosswalk, a thorough investigation must be carried out to find out what exactly happened. This process is aimed at determining where the fault lies and gathering evidence to support it.
Many times, negligent drivers cause pedestrian accidents. Unsafe driving practices that often result in pedestrian accidents include:
- Texting when driving
- Failure to halt at a stop sign or red light
- Drunk driving
- Breaching school zone and school bus restrictions
However, the investigation could reveal that fault lies not just with one party. For instance, if someone was crossing an intersection and was hit by a drunk driver or someone looking at a cell phone, most of the blame may be on the driver.
If the driver tries to stop but cannot, a company could also be at-fault if the brakes were faulty. Finally, if the traffic lights at the crosswalk malfunctioned, a government agency could also be held partially responsible.
It is not an easy task to build up a solid personal injury case that covers all angles. A knowledgeable Lafayette pedestrian accident lawyer can do this on a victim’s behalf while they focus on recuperating.
Lafayette Pedestrian Accident Lawyer Near Me (337) 777-7777
Other Accidents Involving Pedestrians
Besides accidents involving vehicles, pedestrians can get injured while passing across badly maintained parking lots or sidewalks. For instance, there may be perilous potholes in the pavement or the sidewalk may be blocked by abandoned construction equipment.
In order to hold the property owner accountable for an unreasonably hazardous situation on his or her property, the property should pose an unreasonably hazardous risk and the owner should have or was aware of this peril before the accident.
Iberia Parish Pedestrian Accident Lawyer
Deadline for Filing a Claim
Pedestrian accident lawsuits are subject to a strict filing deadline, known as the statute of limitations or prescriptive period. Since there are many case-specific factors that can affect the filing deadline, getting the advice of a pedestrian accident lawyer in Iberia Parish could be helpful. Although not all pedestrian accident cases end up in litigation, it is important to be aware of the deadline in case filing a lawsuit becomes necessary.
In Louisiana, individuals who sustain an injury in a pedestrian accident have only one year to file a personal injury lawsuit. One year can pass quickly while negotiations and investigations of a claim are ongoing. Missing the filing deadline could mean that an injured party loses the right to recover damages.
Shared Fault in a Pedestrian Accident
An individual who has sustained an injury in a pedestrian accident may be shocked to hear that the other party is claiming they contributed to their own injuries. In fact, arguments that the injured individual is partially at fault are not uncommon. For example, a negligent driver may claim that the pedestrian stumbled out into the path of the vehicle or that the victim was distracted by their cell phone at the time of the accident. If successful, an argument of comparative fault could impact an injured party’s financial recovery.
In Louisiana, an injured party who is partially at fault may still recover damages, subject to a reduction. The percentage of fault that the victim bears is important. For example, if they were 20 percent responsible for the accident, then they may face a 20 percent reduction in the damages they can recover. With legal representation from a pedestrian accident attorney in Iberia Parish, victims could prepare to refute the defendant’s arguments of comparative fault and fight for maximum compensation.
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Let a Lafayette Pedestrian Accident Attorney Help
When an automobile hits a pedestrian, they are likely to suffer major injuries that can result in significant medical bills. Additionally, these injuries can result in time away from work that can increase an already difficult financial burden.
Having a dedicated Lafayette pedestrian accident lawyer on your side can be very useful in claiming the compensation you deserve so you can move on with your life. Call today to learn more.