Pedestrians should be careful when crossing the street and follow Louisiana’s pedestrian safety laws. Pedestrians must walk on a sidewalk, if one is available. If there is not one, pedestrians should walk on the shoulder of the road facing traffic.
Our Husband and Wife Legal Team has years of experience handling pedestrian accidents and can determine if your accident was the result of someone else’s negligence.
What Are The Most Common Types Of Injuries Pedestrians Suffer When Struck By Automobiles?
Injuries can include facial lacerations, bruising, broken bones, whiplash or other types of neck pain, and back pain. Trauma to the brain may also occur in the form of a concussion or swelling. Internal organs can rupture or sustain serious injury in a pedestrian accident and frequently require emergent surgery. Pedestrian accidents can also cause emotional injuries, like post-traumatic stress disorder.
If a pedestrian does not survive an accident, their family may bring a claim on their loved one’s behalf to recover compensation for damages. They will be required to prove the same elements as pedestrians pursuing a negligence claim on their own behalf. An attorney will help family members who choose to file a lawsuit hold the negligent party accountable for their actions.
If I Am A Pedestrian, Does A Motor Vehicle Driver Owe Any Special Duty Or Care Toward Me Under The Law?
Drivers and pedestrians are expected to exercise a reasonable duty of care while using common roads. However, drivers are often held to a higher standard because of their ability to react quickly and avoid accidents – especially when children and the elderly are involved. Both pedestrians and drivers can contribute to the cause of the accident.
A driver may be considered negligent for any of the following:
- Preoccupation and failure to pay attention
- Failure to observe the speed limit
- Failure to yield the right of way at crosswalks
- Failure to use turns signals
- Violating traffic laws, including neglecting to stop at lights and stop signs
- Driving under the influence
As A Pedestrian, Is There A Duty Placed Upon Me To Avoid Accidents?
Because Louisiana is a comparative fault state, the amount of damages the injured party can receive can be reduced by their percentage of fault. This means that pedestrians who are partially at fault can still receive compensation for the accident. However, the amount of compensation will be reduced by their percentage of fault.
In pedestrian accident cases, insurance companies will often try to prove that the pedestrian was partially at fault for the accident to mitigate damages.
Negligence on the part of the pedestrian may refer to any of the following:
- Darting out in front of cars
- Failing to use dedicated crosswalks or jaywalking
- Failing to see if it is safe to cross the street
- Ignoring pedestrian signals at intersections
- Failing to pay attention to their surroundings
An experienced attorney can compile witness statements, police reports, scene re-creations, and footage from traffic cameras, if available, to help prove the driver breached their duty to operate their vehicle with reasonable care.
Is There Any Chance I Can Recover Financially For My Medical Care If The Driver Is Uninsured Or Flees The Scene?
If the driver doesn’t have insurance, you may be able to still recover compensation. If the driver flees the scene, it is important to get as much information from the vehicle, including license plate number, as you can. Your ability to recover compensation in these situations depends on a number of factors, which is why it’s so important to contact an experienced attorney as soon as possible. For more information on Louisiana Pedestrian Accident Injury Claims, a free initial consultation is your next best step.