If you choose to walk instead of drive, you should feel safe doing so. Pedestrians have certain privileges when walking around town. If an accident occurs involving a vehicle, you have the right to pursue recoverable damages.
Any type of accident involving a motor vehicle can be harmful. But when a pedestrian is hit, it can result in serious harm. If you were struck by a vehicle while out walking, you can get legal help from a Port Barre pedestrian accident lawyer from Laborde Earles Injury Lawyers.
Negligence Can Contribute to Pedestrian Accidents
An accident between a pedestrian and a motorist can occur for a variety of reasons. Even if you are obeying the rules of the road as a pedestrian, a car can hit you. Some examples of driver negligence include:
- Impaired driving — This involves driving while on drugs or alcohol. When someone does this, it dulls their senses and reflexes, making them more likely to make an error while driving.
- Disregarding the traffic signs — When a person doesn’t heed the traffic signals, accidents can be the result. Going through a red light or stop sign could lead to serious harm.
- Reckless driving — Driving carelessly is negligent, dangerous, and against the law.
- Speeding — Going over the speed limit makes it harder to stop when a motorist sees someone in their path. Also, the damage is much worse when a car is going at a higher rate of speed.
- Distracted driving —Texting and driving is a serious problem that can lead to a motorist striking a pedestrian.
Proving Negligence in a Pedestrian Accident
Various parties, like drivers and government agencies that oversee the roads, can share liability for a pedestrian accident. If you file an insurance claim, adjusters will conduct an investigation to determine which party bears the fault for the accident. Sometimes, even pedestrians will have some degree of fault. This is important because it will affect your potential compensation.
Louisiana uses the modified comparative negligence rule, specifically the pure comparative negligence rule. It states that as long as you weren’t 100 percent at fault, you can file a claim. The relevant thing to keep in mind is that the award amount gets reduced according to how much fault you have. For example, if the award amount is $100,000, and you are 40 percent to blame, you get $60,000 instead of $100,000.
A Port Barre pedestrian accident lawyer can help counter an insurance adjuster’s findings when it comes to fault.
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The Statute of Limitations in Louisiana Limits the Time You Have to File a Lawsuit for Your Pedestrian Accident
A statute of limitations is a time limit on how long you can file a lawsuit. For personal injury lawsuits, CC Art. 3492 generally allows you one year. The time starts ticking at the time of the accident. For wrongful death lawsuits, surviving family members generally have the same amount of time.
If you miss your deadline, you risk having the court dismiss your lawsuit. Legal action may be your last option for seeking compensation from a liable party. Don’t risk it. Take action and begin your case as soon as possible. Keep in mind that your Port Barre pedestrian accident attorney may try to negotiate a settlement with insurers before filing a lawsuit. Negotiations do not stall the statute of limitations, though.
The sooner you get started on your case, the better you can protect your right to compensation. We can get started building your case immediately and work to streamline the legal process.
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What Damages Can You Recover from a Pedestrian Accident?
The injuries you sustained in a bicycle accident will result in the damages you have. If you have substantial injuries, your damages will be higher. For example, if you have more serious injuries, the cost of your medical bills will be higher. You might have to be out of work for a significant amount of time, leading to even more financial loss.
Other losses, such as your pain and suffering, may warrant compensation. We can use different methods to determine these non-economic damages.
A Port Barre pedestrian accident lawyer can help determine the amount of damages that are fair. Some of the recoverable damages include:
- Medical bills
- Lost wages
- Loss of future wages
- Pain, suffering, and mental anguish
- Disability
- Disfigurement
- Loss of consortium
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What To Do After a Pedestrian Accident
After a pedestrian accident, make sure you see a doctor. Even if you did not go to the emergency room, you may still have severe injuries with latent symptoms. They can worsen the longer you go without medical care. A doctor can also provide evidence to help link your injuries to your accident. This is vital for holding a negligent party liable for your losses.
If you are involved in a pedestrian accident, take appropriate steps to protect yourself legally. Make notes about what occurred and be sure to track all your medical appointments and expenses. In addition, fill out a complete police report with all the details about what occurred.
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Work With a Port Barre Pedestrian Accident Lawyer
If you have been hit by a motorist while out walking, you can file a claim or a personal injury lawsuit. A Port Barre pedestrian accident lawyer at the Laborde Earles Injury Lawyers can handle your entire case.
Call Laborde Earles Injury Lawyers today.
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