Fighting for the Rights of Louisiana Pedestrian Accident Victims
Pedestrian accidents in Louisiana can leave victims facing severe injuries, high medical bills, and lost income. If you’ve been hurt in a crash, Louisiana pedestrian accident lawsuits provide a way to seek justice and financial support. This article explains your rights as a pedestrian and what you can do to recover your losses.
Louisiana law protects pedestrian rights, but the process of filing a claim can be challenging. Our New Orleans personal injury attorney is here to guide you through each step, making sure you have a strong case for fair compensation.
Quick Summary:
- Pedestrian accidents happen when a driver hits a person walking. These incidents typically happen on roads or crosswalks where drivers may not notice pedestrians. Common causes include speeding, distracted driving, driving under the influence, failing to yield at crosswalks, and poor weather or lighting conditions.
- In Louisiana, pedestrian accident laws are in place to protect the rights of individuals injured while walking. Drivers must yield the right-of-way to pedestrians at marked crosswalks. Louisiana also uses a comparative negligence system, which means that if both the pedestrian and driver share blame, it may affect the compensation amount the pedestrian can receive. There is a one-year statute of limitations for filing a lawsuit after an accident, making it vital to act quickly. Victims may seek compensation for medical expenses, lost wages, property damage, and pain and suffering resulting from the accident.
- If you find yourself in a pedestrian accident, it’s vital to take specific steps to protect your health and rights. First, check for injuries to yourself and others, and call for emergency help if needed. Prioritize your safety and seek medical attention. Reporting the accident to the police is essential, as they will create an official report that can be beneficial for any future claims. Gathering information from the driver and witnesses, along with taking photos of the scene, will strengthen your case. Finally, seeking medical attention is necessary, even if you feel fine, as some injuries may not be immediately apparent. Seek legal help to understand your rights and pursue compensation for your injuries.
Understanding Pedestrian Accidents
Pedestrian accidents happen when a person walking is hit by a car, truck, bike, or other moving object. In most cases, this accident occurs on roads or crosswalks, where drivers may not see pedestrians clearly. It often results in serious injuries because the person on foot has little protection against a vehicle.
These accidents often leave victims with long-term medical needs and financial burdens. Louisiana law provides ways for injured pedestrians to seek damages if someone else’s carelessness caused the accident.
Common Causes of Pedestrian Accidents
Pedestrian accidents usually happen because of careless or risky actions by drivers. Knowing the common causes can help both drivers and pedestrians stay safer on the roads. Below are some of the causes of pedestrian accidents:
- Speeding: Driving over the speed limit is another common cause of pedestrian accidents. When drivers speed, they have less time to react if a pedestrian steps into the crosswalk. Speeding also makes the impact of a collision much more dangerous for the pedestrian.
- Distracted Driving: Many pedestrian accidents happen because drivers are distracted by cell phones, GPS devices, or other activities inside the car. When drivers are not entirely focused on the road, they may fail to see a pedestrian crossing or walking nearby.
- Driving Under the Influence (DUI): Driving while under the influence of alcohol or drugs can lead to deadly pedestrian accidents. Impaired drivers have slower reaction times and impaired judgment, making it more likely they will hit someone on foot.
- Failure to Yield: Drivers are required to yield to pedestrians at crosswalks and intersections. Ignoring a pedestrian’s right-of-way can lead to a serious collision, especially in busy intersections.
- Poor Weather or Lighting Conditions: Bad weather, like heavy rain or fog, and low-light conditions can make it harder for drivers to see pedestrians. When visibility is low, drivers must take extra care, yet some do not adjust their speed or pay enough attention.
Contact Our Hammond Law Firm, LLC
What to Do After a Pedestrian Accident in Louisiana
Being involved in a pedestrian accident can be a stressful experience. If you or someone you know gets hurt in such an accident, knowing what to do next is essential for your safety and well-being. In Louisiana, there are specific steps you should take after a pedestrian accident to protect your rights and health. Following these steps can make a difference in how you recover and seek compensation for your injuries.
- Check for Injuries: Your first priority should be to check yourself and others for injuries. If you are hurt, try to stay calm and avoid moving too much until help arrives. If someone else is injured, call for emergency assistance right away. Even if injuries seem minor at first, it is important to get medical attention as soon as possible.
- Call the Police: After ensuring everyone’s safety, call the police to report the accident. The police will come to the scene, gather information, and create an accident report. This report is essential for your case, as it provides details about what happened and who was involved. Having a police report can be very helpful if you decide to seek compensation later.
- Gather Information: Collect information from the driver and any witnesses who are present at the scene. This includes names, contact numbers, and insurance details. If possible, take photos of the accident scene, including the vehicle, any visible injuries, and road conditions. This evidence can help support your claim if you decide to take legal action. The more information you have, the stronger your case can be.
- Seek Medical Attention: Even if you feel fine after the accident, it would be wise to see a doctor for a thorough examination. Some injuries may not show symptoms right away. Getting checked by a doctor can ensure you receive any necessary medical treatment. Be sure to keep all medical records, bills, and notes about your injuries. This documentation will be important if you file a claim for compensation.
- Get Legal Help: After taking care of your health and safety, consider consulting with our New Orleans personal injury lawyer. Having legal support can help you focus on healing while we handle the details of your case.
Pedestrian Accident Laws in Louisiana
When a pedestrian is involved in an accident, it’s essential to know the laws that protect their rights in Louisiana. These laws are designed to ensure safety on the roads and clarify the responsibilities of both drivers and pedestrians. Here’s what you need to know:
Right-of-Way Rules
Louisiana law states that drivers must yield the right-of-way to pedestrians at marked crosswalks. This means that if a pedestrian is crossing the street, the driver should stop and let them pass. If a driver fails to give the right-of-way and hits a pedestrian, they can be held responsible for the injuries. It’s essential for both drivers and pedestrians to know these rules to avoid accidents.
Comparative Negligence
Louisiana follows a comparative negligence rule. This means that if both the pedestrian and the driver share some blame for the accident, it can affect how much compensation the pedestrian can receive. Understanding how negligence is determined can help in filing a claim. It’s essential to gather evidence, such as eyewitness accounts and police reports, to clarify who was responsible.
Statute of Limitations
There is a time limit, known as the statute of limitations, for filing a Louisiana pedestrian accident lawsuit. Generally, this time limit is one year from the date of the accident (La. Civ. Code Ann. art. 3492). If you wait too long to take legal action, you could lose your right to seek compensation.
Compensation for Injuries
If you suffer injuries in a pedestrian accident, you may be eligible for compensation. This compensation can cover various expenses, including:
- Medical Expenses: Medical expenses include all costs related to treating injuries from the accident. This can cover hospital bills, surgeries, medications, and physical therapy sessions.
- Lost Wages: Lost wages refer to the money a victim misses out on when they cannot work due to their injuries. If the accident causes long-term disability, the victim may also claim future lost income.
- Property Damage: Property damage covers any personal items damaged in the accident, such as clothing or a phone. If the victim’s belongings are
- destroyed or damaged, they can seek compensation for repairs or replacements.
- Pain and Suffering: Pain and suffering damages compensate for the physical and emotional pain experienced after an accident. This includes ongoing pain from injuries and emotional distress like anxiety or depression.
How Our New Orleans Personal Injury Lawyer Can Help After a Pedestrian Accident
Walking should be a safe way to get around, but pedestrian accidents can change everything in an instant. When accidents happen, seeking justice is not just about getting compensation. It’s about holding the responsible parties accountable and making our roads safer for everyone.
If you or a loved one has been injured, you may have the right to file Louisiana pedestrian accident lawsuits. Our New Orleans personal injury lawyer at Hammond Law Group LLC will guide you through the legal process, making sure you know your rights and options. We will work hard to collect evidence, talk to witnesses, and gather important information to support your case. If your case needs to go to court, our personal injury law firm will represent you. This way, you can focus on healing while they take care of the legal details.
You won’t have to face this difficult time alone. Contact us now for a free consultation, and let us help you take the first step toward getting the justice you deserve.