The financial repercussions of a pedestrian crash may be significant. Medical bills and an inability to work could threaten your financial security. Fortunately, you may seek compensation from those responsible for the accident that caused your injuries.
Any vehicle wreck involving a pedestrian could lead to broken bones, internal injuries, and traumatic brain injury. A Lake Charles pedestrian accident lawyer can help in a situation like this.
Filing a claim with the assistance of a personal injury lawyer from our law firm could allow you to receive the compensation you need to heal. Call to schedule a free legal consultation.
Common Pedestrian Accident Injuries
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 suffered 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 impacted your life or is expected to do so in the foreseeable future, an experienced attorney can help you hold the liable party accountable.
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 document your condition after the incident, providing valuable evidence should you take legal action.
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How To Know When You Have Grounds for a 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 case and what to do if they believe they do.
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.
Consider Your Condition After the Accident
You can also evaluate your condition. If your injuries have had or are expected to impact your life significantly, obtaining the compensation you need to get through these difficult times is important.
Talk to an Attorney
Speaking with a representative from our personal injury law firm is free. However, your best option will be to review the details of your case with a legal professional to find out whether you have grounds for an insurance or civil claim.
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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 lawyer in Lake Charles, LA, could help the injured party understand the likelihood of success in a legal claim.
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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 personal injury 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 proximately causing the harm
- The pedestrian suffering potentially 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 under CC Art. 2323.
However, any awarded damages in a legal case will decrease according to the percentage of fault the claimant holds 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.
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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 one year. Therefore, under CC Art. 3492, you generally only have one year from the accident date to file your claim.
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.
Call 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 attorney 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 one of our personal injury attorneys today to discuss your pedestrian accident and how you may recover fair compensation. Call us now for a free initial consultation.
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