Drivers of any vehicle are legally mandated to share the road with pedestrians. They must yield to pedestrians at unmarked crosswalks or when they have the right of way at marked crosswalks. Drivers who fail to abide by traffic laws and, as a result, cause injuries to walkers may be financially liable. If you (or a loved one) were involved in a pedestrian accident, a Marksville pedestrian accident lawyer from Laborde Earles Injury Lawyers can help you learn more about your legal rights and options. One of our compassionate personal injury lawyers in Marksville could help you file a claim for the compensation you may be entitled to.
Potential Causes of Pedestrian Accidents in Marksville
Our team understands the events that lead to pedestrian accidents in Marksville. We know motor vehicle operators often cause these accidents. Drivers cause these collisions when they:
Fail to Yield at Crosswalks
Pedestrians have a legal right to cross the street in properly marked areas. Drivers are supposed to stop and allow pedestrians to use the road while they’re in a crosswalk. However, many drivers ignore this rule and maintain speed, leading to severe accidents.
Drive While Distracted
Some drivers look down at their phones while stopped at a red light. They may become distracted with text messages or a game and begin driving when the light changes, neglecting to look up to check for pedestrians.
Distraction is a major cause of pedestrian accidents throughout our area. However, distraction does not only affect drivers. Pedestrians may place themselves in dangerous situations if they get distracted while crossing a road or walking along the side of a road.
Fail to Look Before Backing Up
Drivers often have trouble seeing things behind their vehicles when backing up, especially when operating a large truck or SUV. Backup cameras help with this issue, but these cameras may not work correctly due to glare, dirt on the lenses, or damage.
Drivers who do not check their mirrors or cameras when backing up, especially in a parking lot, could easily strike a pedestrian passing behind them.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientRecommended Steps to Take From Our Marksville Pedestrian Accident Lawyers
Many pedestrians are unsure what steps to take when a vehicle strikes them in Marksville. Here’s what to do:
Report Your Accident
Call 911 after a vehicle strikes you in Marksville. Police officers will come to the accident scene and determine what happened. In many situations, they will file a report about the collision. Ask for a report number so our firm can pull the report when we examine your case.
Seek Medical Care
You should also ensure you receive medical attention as soon as possible. If you don’t need emergency services, go to the hospital instead. Even if you feel fine, you should seek care. You may have an injury without any current symptoms, which could worsen if it isn’t treated.
For example, a concussion may not have obvious symptoms but can quickly turn into a life-threatening situation without treatment. Do not wait too long to visit a doctor after an accident. Ideally, you should see one within 24 hours after your wreck.
Collect Contact Information
Hopefully, the driver who struck you stopped at the accident scene instead of committing a hit-and-run. If the driver stopped, get their contact information and insurance details. You may also gather information from any witnesses to the accident.
While speaking with the driver who hit you, do not admit fault for the accident or apologize, as this could weaken your claim.
Focus on the Evidence
Each accident scene holds evidence about what happened and who caused the collision. You can take pictures of your injuries and the damage to the vehicle that hit you. Getting pictures of the accident scene itself is also a good idea.
Consider Working With a Lawyer
You do not have to try to handle the aftermath of a pedestrian accident by yourself. A lawyer from our firm can provide professional assistance throughout your legal challenges.
Getting immediate help from a lawyer allows you to ask questions before making decisions about your case. Your lawyer can also help you deal with insurance agents.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientDamages You Can Claim in a Pedestrian Accident Case
A successful pedestrian accident legal action can result in a fair settlement or a jury awarding compensation. An Avoyelles Parish pedestrian accident lawyer from our legal team could help you recover any damages a liable party owes you.
Damages usually fall into two categories: economic and non-economic. Economic damages have a predetermined value and are easily verified with bills, pay stubs, or receipts. Common examples of economic damages include medical bills and lost wages.
Non-economic damages can include:
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
- Emotional trauma
- Loss of a bodily function
Non-economic damages are typically more challenging to quantify. To prove non-economic losses, a car accident lawyer from our firm might use such evidence as counseling records or expert testimony.
Wrongful Death Damages
Losing a loved one in a pedestrian accident is a tragedy. If your family experiences this tragedy, they may suffer and struggle in many ways. They may have severe emotional trauma and financial hardship.
You can file a wrongful death lawsuit for financial losses and other damages. The lawsuit can hold the responsible party accountable, you may find some closure for your family’s loss, and financial compensation can cushion the blow of losing a family contributor.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow Insurance Works in Pedestrian Accident Cases
Understanding the insurance process is crucial when a pedestrian is involved in a motor vehicle accident. In most cases, the driver’s auto liability insurance is the primary source of compensation for the injured pedestrian. If you have health insurance, it may cover immediate medical expenses.
Uninsured/Underinsured Motorist (UM/UIM) coverage from the pedestrian’s auto policy might also apply if the at-fault driver has insufficient or no insurance. If the accident involved a commercial vehicle (e.g., a delivery truck or taxi), the company’s commercial liability policy would typically be responsible for payment.
Dealing With Insurance Companies
Insurance companies often try to minimize payouts. They may:
- Attempt to blame the pedestrian for the accident
- Offer quick, low settlements
- Delay the claims process
Legal representation ensures fair treatment from insurance companies and maximizes compensation. Many local victims work with an experienced Marksville pedestrian accident attorney who can deal with the insurers.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientAn Attorney Can Help You Negotiate a Fair Settlement
Most pedestrian accident cases entail at least one attempt to negotiate a fair settlement with the plaintiff’s insurance company. This is sometimes done with direct communication between the opposing attorneys or in a mediation conference.
A settlement is often preferable for both the plaintiff and the defendant, as it brings the case to a close with less expense and risk than a trial. It is common for settlement negotiations to last several months since there may be many offers back and forth between the two parties.
We Can Take Your Case to Trial on Your Behalf if Necessary
We can file a lawsuit to compensate you if we cannot secure a fair settlement for you through negotiations with the at-fault driver’s insurance company.
Sometimes, the defendant’s insurer does not offer a fair settlement until the days before the trial. Whether to settle is ultimately up to the victim, but our attorneys could provide valuable advice and guidance on which path to take.
How Comparative Negligence Works
While there are no caps on the amount plaintiffs could be awarded in pedestrian accident cases, Louisiana uses the rule of comparative negligence, which may decrease the amount a plaintiff can receive.
Per CC Art. 2323, if the plaintiff is found partially liable for their injuries, the jury may reduce the amount of their award according to the percentage of fault attributed to them. At the end of a civil trial, the jury will determine the damages the plaintiff is entitled to.
You May Still Be Able to Recover Damages Even if You Were Partially at Fault
If the plaintiff shares partial fault, the jury will determine what percentage of liability the plaintiff
holds. That percentage amount will be deducted from the full award.
For example, if a pedestrian was wearing all black with no reflective clothing and was jaywalking, a jury may find them 45 percent liable for their damages. This would reduce the total amount of the award they can collect by 45 percent.
A pedestrian accident attorney in Marksville, LA, may be able to deduce if a pedestrian shares any liability for their injury and prepare their case accordingly.
Multiple Parties May Share Fault
In your case, a driver and another party may be at fault. For example, if the local government neglected to clear the road of an oil slick, which contributed to the accident, the government may be partially at fault.
If multiple parties are at fault in your case, your lawyer can identify them and prove their liability through evidence. Comparative negligence law can also distribute fault among each party and help your lawyer hold each one accountable.
Why Hire a Pedestrian Accident Lawyer for Your Case?
When you hire a Marksville lawyer from our firm to handle your pedestrian accident case, we will take care of everything for you while you focus on recovering from your injuries. We will:
- Investigate your case and gather evidence: This entails speaking with the authorities, any witnesses, and the other party’s insurer. Doing this alone may seem daunting, so you can leave it to your lawyer. Evidence in your case may be the police report, a witness’s statement, and traffic camera footage.
- Build a case to prove the driver’s negligence: Proving negligence isn’t easy. It requires showing that the other party owed you a duty of care, that they breached this duty, that the breach caused the incident, and that you suffered damages.
- File a personal injury claim with the proper insurance company: Your claim must be filed following proper procedures and the proper insurer. This insurer may be yours or the other party’s.
- Negotiate a settlement on your behalf: Negotiations can be complicated, especially when the insurer doesn’t cooperate. Your lawyer may be able to convince an insurer to cooperate, such as by threatening a lawsuit.
- File a lawsuit to seek compensation in civil court, if necessary: If negotiations aren’t successful, your lawyer can sue and take your case to court.
We work on a contingency-fee basis, meaning there is no risk to you in using our services. We only get paid if we win you a settlement or a court award.
Why You Should Hire Your Lawyer From Our Firm
Our attorneys have over 350 years of combined legal experience and have obtained hundreds of millions of dollars for their clients. Our attorneys handle pedestrian accident cases, car accident cases, wrongful death cases, and other personal injury cases almost exclusively, so they know how to handle your case.
We’re committed to the law, our clients, and each case. When a defendant or an insurance company acts unlawfully or unreasonably, we hold them to account and push hard for the compensation our client deserves. We won’t hesitate to take the case to court if it could lead to a better outcome.
The Pedestrian Accident Statute of Limitations in Avoyelles Parish
Many pedestrian accident victims do not realize that CC 3493.1 restricts their time to file a lawsuit. This statute of limitations gives injured individuals just two years from their accident to file a lawsuit or have an Avoyelles Parish pedestrian accident attorney do so on their behalf.
Failing to meet this deadline will likely preclude the plaintiff from receiving compensation for their injuries. Our legal team can ensure we build your case with enough time to file a lawsuit if needed. The sooner you reach out to our team, the sooner we can get started on your case.
Let Our Marksville Pedestrian Accident Attorneys Help You
Our pedestrian accident lawyers in Marksville, LA, understand how your accident may impact you for your lifetime. Contact us today to learn more about the compensation you may be entitled to and how an attorney from our firm can help.
Whether settling your case pre-trial or fighting for you in the courtroom, our attorneys will be there for you. Contact Laborde Earles Injury Lawyers today for a free consultation and case review.
