How to Know When You Have Grounds for a Pedestrian Accident Claim

You are not alone if you are confused and wondering what your next steps should be. It is more common than you might think for injury victims to be unsure whether they have grounds for a personal injury claim and what they should say to the insurance company.

1

Identify the Responsible Party

First, consider whether someone else is responsible for causing you physical harm. Generally, you can assume someone else is responsible for your injuries when a vehicle strikes you.

Whether the driver was engaging in unsafe driving practices, an auto part malfunctioned, or there was a roadway hazard, if someone else’s negligence caused your injuries, they should cover your costs.

2

Consider Your Condition After the Accident

You can also evaluate your condition. If your injuries significantly impact your quality of life, it is important to obtain the compensation you need to get through these difficult times. Medical costs alone may be ruinous, and you may have other damages like property damage.

3

Talk to an Attorney

Speaking with a representative from our personal injury law firm is free. However, your best option is to review the details of your case with a legal professional to determine whether you have grounds for an insurance or civil claim.

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Common Injuries Our Lake Charles Pedestrian Accident Lawyers Work With

Pedestrian accidents are known for producing some of the most debilitating types of physical injuries. After all, pedestrians do not have any protection surrounding them as someone traveling in a motor vehicle would.

It is common for victims to suffer catastrophic injuries that have a lasting impact on their lives. Some of the possible types of injuries sustained in Lake Charles pedestrian accidents include:

  • Traumatic brain damage
  • Facial injuries
  • Head injuries
  • Neck injuries
  • Whiplash
  • Road rash
  • Broken bones
  • Loss of limbs
  • Spinal cord injuries
  • Herniated discs
  • Soft tissue injuries
  • Paralysis
  • Third-degree burns
  • Post-traumatic stress disorder (PTSD)
  • Organ failure
  • Internal bleeding
  • Abrasions and lacerations
  • Contusions

If you suffered another type of injury not listed above, that does not mean you do not have the right to compensation. If your condition significantly worsens your life or is expected to do so in the foreseeable future, an experienced attorney can help you.

When Should I See a Doctor?

It is crucial to seek immediate medical care after a pedestrian accident. A doctor can diagnose your condition and suggest treatment options to speed your recovery. Seeking medical attention will also create medical records to document your condition after the incident, providing valuable evidence for your accident claim.

You may not have a strong case if you don’t visit the doctor after your accident. A doctor’s report will prove that your injuries exist and what could cause them. It ties your accident to the actions of the at-fault driver. Even if you feel fine, see a doctor after you’ve been in a pedestrian accident.

pedestrian walking

Pursuing a Wrongful Death Claim After a Fatal Pedestrian Accident

The devastating loss of a loved one in a pedestrian accident can leave families struggling with both emotional trauma and financial hardship. When a pedestrian death occurs due to someone else’s negligence in Lake Charles, surviving family members may have the right to pursue a wrongful death claim to seek justice and compensation for their loss.

No amount of compensation can truly make up for your loss. However, a wrongful death claim can help cover the substantial financial burdens that often follow a fatal pedestrian accident, including final medical expenses, funeral costs, and lost financial support for the family.

Insurance companies often try to minimize payouts in wrongful death cases. Experienced legal representation from a pedestrian accident lawyer in Lake Charles, LA, protects your family’s compensation rights.

What Leads to Pedestrian Accidents in Lake Charles?

Driver negligence or carelessness is a primary factor in pedestrian accidents that result in severe injuries or death. Some of the most common risky driving behaviors that may cause a pedestrian accident include:

  • Driving through crosswalks or failing to obey traffic signals
  • Distracted driving, whether due to cell phone usage or another reason
  • Speeding
  • Turning or backing up without checking for pedestrians
  • Driving under the influence of alcohol or drugs

Failing to use headlights or other lighting during low visibility conditions, such as at night or in bad weather
When walkers, joggers, or other pedestrians are hurt in an accident, an attorney could help them claim damages. Our vast experience with similar cases helped us refine our legal strategy. We also have a deep understanding of the complexities of insurance policies.

By evaluating a crash, a pedestrian accident attorney in Lake Charles, LA, could help the injured party understand the likelihood of success in a legal claim.

Do I Need a Lake Charles Pedestrian Accident Lawyer?

After you’ve been injured as a pedestrian, you may think you have a strong case already. However, if you file a claim without a Lake Charles pedestrian accident lawyer, you’ll be unlikely to get the settlement amount you need.

People who work with lawyers could win around three times more on average than if they worked alone. When you work with our pedestrian accident attorneys in Lake Charles, LA, we’ll do the following for you:

  • Collect evidence
  • Determine who is at fault for your pedestrian accident
  • File your claim against the liable parties
  • Help with scheduling your case-related appointments
  • Find specialists to get you the care you need
  • Negotiate with insurance adjusters
  • Represent you in court if necessary
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Measuring Negligence After a Pedestrian Accident

Drivers owe a responsibility to pedestrians to drive in a manner that reasonably protects them from harm. Traffic laws are designed to ensure the safety of all community members. When a driver fails to provide this duty of care, they may be liable for any injuries that result.

Identifying potential liability and establishing negligence may help pedestrians bring an effective legal claim against a driver. Our Lake Charles, LA, pedestrian accident lawyers could help you by collecting evidence of the following elements:

  • A breach of the duty of care, such as a traffic law violation
  • The breach of the duty of care by the driver causing the harm
  • Your compensable damages

What if You Were Partially at Fault for Your Pedestrian Accident?

In some cases, pedestrians may act in a manner that contributes to partial fault for the accident. Even if the victim is at fault to some degree, they may seek compensation from other potentially liable parties. This is permissible under the Louisiana comparative negligence statute.

However, any damages awarded in a legal case will decrease according to the percentage of fault the claimant carries for the accident.

This means that if the plaintiff is 30% at fault for the collision that led to damage, the maximum amount of compensation they could recover is 70% of the total award. If the full award is $100,000, the victim would only recover $70,000.

The Statute of Limitations for Louisiana Personal Injury Lawsuit

The statute of limitations for most personal injury cases, including pedestrian accidents, in Lake Charles and across Louisiana is two years.

However, this deadline could be extended depending on the date you were diagnosed with accident-related injuries or in other unique circumstances. After reviewing your case, our experienced lawyers can determine the deadline for your situation.

If you attempt to file your claim once the statute of limitations has passed, you will no longer have the opportunity to be awarded compensation through the Louisiana civil courts. Working with a personal injury lawyer helps you meet all relevant deadlines and increases your chances of a successful recovery.

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New Orleans

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New Orleans

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New Orleans

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Marksville

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Lake Charles

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Contact a Lake Charles Pedestrian Accident Attorney Today

Joggers, walkers, and people traveling by foot are particularly vulnerable to the force and weight of motor vehicle accidents. In addition to the risk of physical harm and emotional distress, there are often extreme financial consequences. Working with a Laborde Earles pedestrian accident lawyer in Lake Charles, LA, could help you recover compensation for the medical expenses, lost wages, and other expenses you face while you heal. We will use all available evidence to prove the full extent of the damages you suffered. Contact our firm today for a free initial consultation to discuss your pedestrian accident and how you may recover fair compensation.

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