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 cause injuries to walkers may be financially liable.
If you were involved in a pedestrian accident, a Marksville pedestrian accident lawyer can help you learn more about your legal rights and options. A compassionate personal injury lawyer from Laborde Earles Injury Lawyers 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 their previous speed, leading to serious 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 simply begin driving when the light changes, without looking up to check for pedestrians.
Distraction represents 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 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 if they operate a large truck or SUV. Backup cameras help with this issue, but these cameras may not work properly due to glare, dirt on the lenses, or damage.
Drivers who do not check their mirrors or cameras when backing up could easily strike a pedestrian passing behind them, especially in a parking lot.
For a free legal consultation with a pedestrian accident lawyer serving Marksville, call (318) 333-3198
Steps to Take After Your Pedestrian Accident in Marksville
Many pedestrians are unsure what steps to take when a vehicle strikes them in Marksville. In general, it’s a good idea to:
Report Your Accident
Call 911 after a vehicle strikes you in Marksville. Police officers can come to the accident scene and determine what happened. In many situations, they will file a report about the collision. You should also ensure you receive medical attention as soon as possible.
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 who saw the accident.
While speaking with the driver who hit you, do not admit fault for the accident and resist the urge to 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. It’s also a good idea to get pictures of the accident scene itself.
Consider Working with a Lawyer
You do not have to try to handle the aftermath of a pedestrian accident by yourself. Working with a lawyer provides you with professional assistance throughout your legal challenges. Getting immediate help from a lawyer allows you to ask questions before making any decisions about your case.
Your lawyer can also help you handle insurance agents.
Marksville Pedestrian Accident Lawyer Near Me (318) 333-3198
Damages You Can Claim in a Pedestrian Accident Case
A successful pedestrian accident lawsuit will result in a fair settlement or a jury awarding the plaintiff compensation. An Avoyelles Parish pedestrian accident lawyer from our legal team could help injured pedestrians recover any damages a liable party owes them.
Damages usually fall into two categories: economic and non-economic. Economic damages have a predetermined value and are easily proven with bills, pay stubs, or receipts. Common examples 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 difficult to quantify. To prove non-economic losses, a car accident attorney from Laborde Earles injury Lawyers might use evidence such as counseling records or expert testimony.
An Attorney Can Help You Negotiate a Fair Settlement
Most pedestrian accident cases include 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.
Settlements are often preferable for both the plaintiff and the defendant, as they bring the case to a close with less expense and risk than a trial. It is common for settlement negotiations to happen over several months, or there may be many offers back and forth between the two parties.
Complete a Free Case Evaluation form now
We Can Take Your Case to Trial on Your Behalf, If Necessary
If we cannot secure a fair settlement for you through negotiations with the at-fault driver’s insurance company, we can file a lawsuit to get compensation for you.
In some cases, the defendant does not make a fair settlement offer until the days leading up to the trial. Whether to settle is ultimately up to the victim, but our attorneys could provide valuable advice and guidance.
How Comparative Negligence Works
While there are no caps set on how much 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 Louisiana Civil Code (CC) §2323, if the plaintiff is found to be 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 what types and amounts of damages a plaintiff is entitled to and may decide if the plaintiff is to blame in any way.
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 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 to be 45 percent liable for their damages. The total amount of the award they can collect will be reduced by 45 percent. An attorney from Laborde Earles Injury Lawyers may be able to deduce if a pedestrian shares any liability for their personal injury and prepare their case accordingly.
Why Hire a Pedestrian Accident Lawyer for Your Case?
When you hire a Marksville lawyer from Laborde Earles Injury Lawyers to handle your pedestrian accident case, we will take care of everything for you while you focus on recovering from your injuries. As part of our services, we will:
- Investigate your case and gather evidence
- Build a case to prove the driver’s negligence
- File a personal injury claim with the proper insurance company
- Negotiate a settlement on your behalf
- File a lawsuit to seek compensation in civil court
We work on a contingency-fee-basis, meaning there is no risk to you in using our services. We only get paid once we win you a settlement. Our Marksville office, located at 306 North Washington Street, is ready to take your case.
The Pedestrian Accident Statute of Limitations In Avoyelles Parish
Many pedestrian accident victims do not realize that CC §3492 restricts their time to file a lawsuit. This statute of limitations gives injured individuals just one year from their accident to file a claim 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 left to file a lawsuit if needed. The sooner you reach out to the Laborde Earles Injury Lawyers team, the sooner we can get started on your case.
Let a Marksville Pedestrian Accident Attorney Help You File Your Claim on Time
Our attorneys understand the extent to which a pedestrian accident may impact you for your lifetime, so contact us today to learn more about the compensation you may be entitled to and how an attorney from our firm could help. Whether settling your case pre-trial or moving on to the courtroom, our attorneys are here for you.