Pedestrian accidents could result in severe injuries when they involve motor vehicles. Even when pedestrians attempt to protect themselves by wearing reflective clothing or using crosswalks, drivers may still crash into pedestrians by acting carelessly or recklessly.
Drivers of any type of 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, contact a Marksville pedestrian accident lawyer to learn more about your legal rights and options. A compassionate personal injury lawyer could help you file a claim for the compensation to which you may be entitled.
Common Causes of Pedestrian Accidents
While each pedestrian accident is unique, common causes of pedestrian accidents include:
- Failing to check for pedestrians in crosswalks before driving through them
- Drivers failing to stop at stop signs or lights
- Texting and other dangerous driver distractions such as eating or applying makeup
- Turning without paying attention to their surroundings
- Speeding
- Driving under the influence of drugs or alcohol
- Failing to recognize they are in a school zone
Drivers on the road have a legal responsibility to drive in a way that does not cause injury to others who are on the road. When drivers do not do so, they could be held accountable for their actions in civil court by those that suffered damages. A personal injury attorney in Marksville could help an injured pedestrian hold a driver accountable for their accidents.
For a free legal consultation with a pedestrian accident lawyer serving Marksville, call (318) 777-7777
Comparative Negligence
While there are no caps set on how much plaintiffs could be awarded in motorcycle accident cases, Louisiana uses the rule of comparative negligence, which can decrease the amount a plaintiff can receive.
As per Louisiana Civil Code Article 2323, if the plaintiff is found to be partially liable for their own injuries, the jury may reduce the amount of their award according to what percentage of fault is attributable to them. At the end of a civil trial, the jury will determine what types and amount of damages a plaintiff is entitled to and may decide if the plaintiff is to blame in any way.
If the plaintiff shares partial fault, the jury will determine what percentage of liability the plaintiff holds. That amount will then be deducted from the full award. 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 their award they can collect will then be reduced by 45 percent. A seasoned attorney may be able to deduce if a pedestrian shares any liability for their personal injury.
Marksville Pedestrian Accident Lawyer Near Me (318) 777-7777
Avoyelles Parish Pedestrian Accident Lawyer
Pedestrian Accident Statute of Limitations in Avoyelles Parish
Many pedestrian accident victims do not realize that their time to file a lawsuit is restricted under Louisiana Civil Code §3492. This statute of limitations, or prescription period, gives injured individuals just one year from the date of 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 his or her injuries.
Damages Arising from Pedestrian Accidents
A successful pedestrian accident lawsuit will result in either a fair settlement or a jury awarding the plaintiff compensation. A pedestrian accident lawyer in Avoyelles Parish could help injured pedestrians recover the damages owed to them by the liable party who caused their accident.
Damages usually fall into two categories: economic and non-economic. Economic damages have a pre-determined 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 for attorneys and juries to quantify. To prove non-economic losses, a skilled attorney might use evidence such as counseling records or expert testimony.
Negotiating 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 at 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 not uncommon for settlement negotiations to happen over several months, or there may be many offers back and forth between the two parties. In some cases, the defendant does not make a fair settlement offer until the days leading up to the trial. The decision of whether or not to settle is ultimately up to the victim, but attorneys could provide valuable advice and guidance.
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Let a Marksville Pedestrian Accident Attorney Help
While no amount of money may ever make your life the same as it was prior to your accident, a Marksville pedestrian accident lawyer could help you recover from the injuries and losses you sustained.
Experienced attorneys understand the extent to which such an accident may impact you for your lifetime, so call today to learn more about the compensation you may be entitled to and how an attorney could help. Whether it is settling your case pre-trial or moving on to the courtroom, attorneys are here for you.
Call or text (318) 777-7777 or complete a Free Case Evaluation form
