If you were a pedestrian who was hit while walking in a crosswalk, you can file an insurance claim or lawsuit against the responsible party. To help protect your rights, you should also take these steps immediately:
- Call the police to generate an accident report.
- Get medical attention for your injuries.
- Call a Lafayette personal injury law firm.
Because a pedestrian accident might leave you with severe injuries, you may consider hiring a personal injury team to help you seek compensation. A lawyer might be able to help you understand more about what happens if you get hit in a crosswalk and what steps you may be able to take toward financial recovery.
Document Your Injuries and Medical Expenses ASAP
Because you, as a pedestrian, have greater exposure to the impact of a collision than a vehicle driver, you also have an increased risk of sustaining serious physical damage. By documenting your physical injuries, required treatments, and related costs, your legal team might be able to help you build a solid case for financial compensation.
If possible, take photos of your injuries to substantiate their severity. Your legal team might also advise you to obtain and keep copies of your medical records and bills. Your lawyer may use these items to start building a case file that supports your right to monetary recovery due to negligence.
For a free legal consultation, contact Laborde Earles Injury Lawyers today.
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.
ClientBuild a Comprehensive Case for Compensation
Holding the at-fault driver financially responsible for your post-accident expenses might be a long and demanding process that requires substantial evidence. Part of the evidence in your case may be the police accident report. According to Louisiana Revised Statutes (RS) §32:398, an accident report is mandatory for vehicle accidents that result in injury.
Your accident report may tell your lawyer whether or not the at-fault driver was in the crosswalk illegally. It may indicate whether they:
- Ran a stop sign or other traffic control signal
- Appeared to be under the influence of drugs or alcohol
- Was distracted by something inside or outside their vehicle
Your crash report may also tell your legal team how to contact the at-fault driver and their insurer. Your legal team may also request records and documents like witness statements, medical bills, and employment and salary history. Comply with these requests immediately to help your legal team compile an evidence file that supports your potential right to financial compensation.
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 | ClientAssign a Monetary Value to Your Lawsuit
The financial aftermath of a pedestrian accident might add to the stress and anxiety of your physical recovery. If you can establish the at-fault driver’s negligence, you may be able to recover the following types of damages:
- Medical bills for current and future treatment
- Income loss from time spent in recovery
- Physical pain and suffering and inconvenience
- Lasting physical disabilities and disfigurement
- Mental and emotional pain and suffering
Carefully and accurately calculating your financial expenses and losses is only part of your potential lawsuit. Equally important is ensuring your lawsuit is filed on time to avoid losing your ability to seek financial recovery.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientDo Not Delay the Filing of Your Personal Injury Lawsuit
Every state in the U.S. has a statute of limitations dictating how much time victims have to file a personal injury lawsuit.
Knowing and complying with the relevant statute of limitations is a critical case component because failure to comply might be costly. It may mean you cannot file your lawsuit at all, or your lawsuit will simply be dismissed without ever being heard.
Involving a legal team in your pursuit of financial compensation can help you avoid having one of these negative consequences occur. According to Louisiana Civil Code (CC) §3492, you typically have one year from the date of the accident in the crosswalk to file your lawsuit.
With enough notice of your intent to seek compensation, a local law firm might be able to ensure timely compliance with the filing deadline.
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.
ClientCrosswalk Accident FAQ
Crosswalk accidents happen far more frequently than people realize. When you have been injured in a crosswalk, you may have many unanswered questions about what to expect from the claims process.
In the hope of easing your concerns, we have answered some of the most frequently asked questions surrounding crosswalk accidents in Lafayette. If you have additional questions that are not answered on this page, do not hesitate to contact our office so we can discuss your specific concerns further.
Will My Case Have to Go to Court?
It is important to always prepare for the possibility that your case will go to court. You may be able to avoid going to court if you can recover the compensation you need through the insurance company. However, it is important to keep in mind that insurance companies are not on your side.
They are for profit. They will lose money by paying out on your claim. For this reason, you need to be prepared to bring your case to court. If the insurance company is not obligated to compensate you beyond the policyholder’s limits, or you have suffered damages that the insurance company is not obligated to cover, bringing your case to court may be your best option for recovering maximum compensation.
Can I Share Fault for My Injuries?
Yes. Sharing liability for your crosswalk accident will not prohibit you from recovering compensation in the Lafayette civil court systems. This is because Louisiana follows a pure comparative negligence system. Sharing fault will not prevent you from recovering compensation for your damages, but it will have an impact on the amount of compensation you can collect.
When you share fault for your injuries, your injury settlement will be reduced in proportion to your percentage of fault. For instance, if you were using your cell phone while crossing in the crosswalk, the judge may find you 10% at fault for your injuries. You could then expect your injury settlement to be reduced by 10%.
This can have a substantial impact on your final award, so be sure to retain an experienced attorney who can prevent shared fault from having an adverse impact on your case.
How Will I Know If I Have Grounds for a Claim?
It is more common than you might think to be unsure whether you have the right to pursue a personal injury claim after an accident in a crosswalk. However, when you are lying in your Lafayette hospital bed, consider whether someone else is at fault for your injuries. If someone else is responsible for your injuries, should you be covering the costs? Absolutely not.
You should be compensated for every way your life has been affected by your injuries. If your life has been significantly affected by the injuries you sustained, you have the right to hold the liable party accountable. Your initial consultation with a personal injury lawyer is free. Find out whether you have the right to financial compensation by contacting an attorney for help.
Explore Your Compensation Options with an Attorney After a Pedestrian Accident
If you were injured in a pedestrian accident in a Lafayette crosswalk, you might have the basis of a personal injury lawsuit against the driver who hit you. When you are ready to explore your options for financial compensation, contact us to speak with a lawyer today.
