Although any car crash can have catastrophic results, pedestrian accidents are often especially severe. The outcome can yield high-priced medical bills, long-term injuries, or death.
Often caused by speeding, drinking, or distracted driving, these preventable tragedies are on the rise. For example, according to the National Highway Traffic Safety Administration (NHTSA), pedestrian casualties went up 44 percent from 2010 to 2019.
Contact a pedestrian accident lawyer in Houma if you or a family member were struck by a moving vehicle operated by a negligent driver. They will discuss your case during a free consultation to help you understand your rights and the possibility of compensation.
What Are Common Causes for Pedestrian Accidents?
If you were involved in a pedestrian accident, the motorist’s failure to yield the right-of-way likely caused or contributed to your injuries. This is a form of negligence, and the motor vehicle operator could be held liable for any wounds or damages you sustained.
Several factors may have contributed to the driver’s negligence in your case to give rise to a potentially hazardous traffic situation for you and other pedestrians. Talk to a Houma pedestrian accident attorney as soon as possible if you know the driver who injured you engaged in any of the following irresponsible behaviors:
Drinking Alcohol or Taking Drugs
When driving under the influence (DUI) of drugs or alcohol, individuals will often have slower reflexes and compromised judgment that hinders their driving ability.
By the time an impaired driver sees and reacts to a pedestrian in the crosswalk in front of them, they may be unable to stop their vehicle in time to avoid an impact.
Giving in to Distractions
All drivers are required to pay attention to their environments and focus on operating their vehicles. Unfortunately, texting, monitoring a GPS, or eating are distracting activities that can pull an individual’s concentration away from their primary task of safely operating their vehicle.
For example, a person focused on their phone may fail to notice that the green light in front of them turned red and the pedestrians are entering the crosswalk.
Reckless driving that endangers pedestrians is prohibited by Louisiana law. For instance, Revised Statute §32:212 mandates that a driver not pass another vehicle waiting at a pedestrian crosswalk.
Motorists that speed, drive impatiently, or behave aggressively put other drivers, cyclists, and pedestrians in danger. They may lose control of their vehicle, impeding their ability to yield to pedestrians safely.
Like drug or alcohol impairment, driver fatigue can reduce a motorist’s reaction time. As a result, a negligent individual who operates their automobile while fatigued will often make poor decisions or fall asleep while driving.
Failure to Use Vehicle Turn Signals
When a driver fails to signal before turning onto another street or into a driveway, pedestrians on the sidewalk or waiting to cross the street may assume the vehicle is continuing straight ahead.
As the pedestrians cross the driveway or the road, they may end up in the vehicle’s path.
For a free legal consultation with a Pedestrian Accident lawyer serving Houma, call (985) 900-1195
A Pedestrian Accident Lawyer Can Help You Recover Damages
If you suffered injuries following your pedestrian accident, you might be eligible to retrieve financial compensation for your damages. Though no amount of money can make up for the pain and suffering you’ve experienced, it can help you pay bills and move forward with your life.
Ensuring you get the maximum compensation for your injuries can be challenging, which is why we advise you to contact an experienced Houma pedestrian accident lawyer. Our team will fight to help you acquire every form of compensation you may be legally entitled to, including:
- Loss of consortium: You have the right to file a loss of consortium claim if your spouse was injured in a pedestrian accident. This claim may be valid if your spouse cannot provide comfort, support, sexual relations, and companionship.
- Loss of enjoyment of life: This type of damage claim may be recoverable in a pedestrian accident personal injury claim if you are no longer to participate in activities you once enjoyed.
- Emotional distress or pain and suffering: This form of damage recovery is meant to compensate you or your loved one for your emotional and mental anguish as well as any physical suffering you may be experiencing.
- Loss of earning capacity: This compensation claim can be made if your accident limits your ability to continue working or advancing in your career.
- Lost income and benefits: As you recover from your injuries, you may have missed work. If so, you are entitled to pursue recovery for past and future lost benefits and wages, including bonuses, vacation days, sick days, and other benefits.
- Medical bills: If your accident required you to obtain substantial medical care, you have the legal right to pursue damage compensation for your past, present, and future medical treatments and physical therapy.
Establishing Liability in a Houma Pedestrian Accident
Proving who was at fault for your Houma pedestrian accident is one of the most critical factors when it comes to recovering compensation. In accidents like these, the motorist is typically to blame due to the right of way rules and because vehicles are larger and move faster than a person on foot.
Nevertheless, police will still question each party involved and ascertain how events surrounding the incident unfolded. For instance, if the crash happened on a busy street, the police talk to witnesses and record statements.
Or, if there is an inconsistency with the motorist’s statements and whether they were texting while driving, an investigator can obtain their phone records to resolve the discrepancy.
However, when special circumstances are involved, fault can be more challenging to establish, including:
- Construction areas: If a pedestrian is forced to enter the roadway to get around a blocked public sidewalk or a construction site, other entities may be considered wholly or partially liable for the accident.
- Poorly marked or unmarked crosswalks: Occasionally, there are uncertainties regarding whether the pedestrian was struck in a designated crosswalk; however, even if the pedestrian was crossing outside the crosswalk, the driver must still operate their vehicle with care when approaching them.
Contact the Houma Pedestrian Accident Lawyers at Morris Bart, LLC Today
Traffic accident injuries can be life-changing and traumatic for anyone, but especially for pedestrians. If you or a family member was harmed due to driver negligence, let the pedestrian accident attorneys at Morris Bart manage your claim and assist you in recovering damages.
Our team of professionals will help you establish liability, determine fair compensation, negotiate with insurance companies, and, if necessary, represent you in court. You can visit us at:
1 Church Street,
Houma, LA 70364
Questions?Call (985) 900-1195
to find a Morris Bart office near you.