The driver behind the wheel of the vehicle is often at fault in a car versus pedestrian accident. Traffic laws protect pedestrians under many circumstances when the two would cross paths. Drivers must take action to protect pedestrians, such as stopping at a crosswalk. If they fail to do so and an accident occurs, the motorist is usually liable.
If you or a family member was hit by a car in Louisiana, you may have a personal injury claim against the driver. A car accident attorney from our firm will review your case for free today to help you understand your rights.
Drivers May Violate Traffic Laws if They Do Not Stop for Pedestrians
When pedestrians are in a crosswalk or crossing the street at an intersection, they usually have the right of way. Vehicle traffic should always check for people in the street before turning or crossing a crosswalk. Some of the ways drivers cause pedestrian accidents include:
- Not looking for pedestrians before turning
- Not giving pedestrians the right of way
- Passing another driver stopped for a pedestrian
- Distracted driving
- Impaired driving
The police officers who respond to the traffic accident may cite the driver for violating traffic laws and putting pedestrians in danger. This ticket and the crash report the responding officers file will likely become crucial evidence when proving fault in your case for compensation.
Proving Negligence and Fault in a Louisiana Pedestrian Accident Case
Some victims do not need to pursue a personal injury lawsuit or go to court to get a fair and just payment based on their damages. These cases often reach an agreement through settlement negotiations with the driver’s insurance carrier. Either way, to recover a payout that covers your expenses and losses after an accident, you will need to:
- Outline how the motorist caused the accident and your injuries
- Provide specific evidence to support your claim or lawsuit
- Document the harm and financial damages you suffered
The evidence in these accidents varies, but some common examples include:
- The reports from law enforcement
- Witness statements
- Video of the crash
- Documented vehicle damage and injuries
- A survey of the scene
- Accident reconstruction
- Expert testimony
- Relevant medical records
- Medical bills and other documentation of financial damages
If you work with a personal injury lawyer on our team, they will handle the investigation, insurance claim, and negotiations on your behalf. Doing so can greatly reduce your stress while healing from the injuries and recovering from all you endured.
For a free legal consultation, call 337-221-9907
What Damages Can You Recover if a Car Hit You in Louisiana?
If you were hit by a car, you may be able to recover compensation for the harm you suffered, including your injuries, economic losses, and pain and suffering. You will need to present evidence to show the damages you sustained, which our team will gather if you hire us.
The recoverable expenses and losses could include:
- Medical bills to date
- Future treatment and care of your injuries
- Lost wages and other income
- Diminished earning capacity
- Additional expenses
- Pain and suffering damages
Some Injured Pedestrians May Have Life-Altering Injuries or Pass Away
The injuries pedestrians suffer in traffic accidents vary widely. Some have relatively minor injuries if the vehicle was traveling at a slow speed. Others experience broken bones, severe lacerations, or other injuries that require emergency department care but may not call for hospitalization.
On the other end of that spectrum, a pedestrian hit by a car could suffer catastrophic injuries that result in life-long challenges. Examples include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (SCIs)
- Lost limbs
Some victims pass away due to the injuries they suffered. If this happened to an immediate family member of yours in Louisiana, you may be able to pursue a wrongful death case under CC Art. 2315.2. You likely only have one year to sue the liable driver under this law.
There is a Limited Time to Sue the At-Fault Driver for Your Injuries and Losses
If you cannot reach a fair settlement agreement with the insurance company, you may have your attorney file paperwork to begin a lawsuit and take the case to trial. At trial, our team will present the evidence and ask the judge and jury for a court award based on the facts of the case.
Under CC Art. 3492, most victims only have one year from the day their injuries occurred to file this paperwork and begin the process. However, there may be exceptions for children, seniors with dementia, and some other victims.
Circumstances could also shorten how long you have to act. Therefore, our team prefers to get started as soon as possible after an accident in order to give each case the time it deserves.
Complete a Free Case Evaluation form now