Drivers in the state of Louisiana have a responsibility to operate their motor vehicles safely. They need to follow all of the Louisiana driving regulations and laws in order to stay vigilant and avoid collisions with other drivers and pedestrians. Unfortunately, accidents between vehicles and pedestrians are not uncommon in Louisiana. According to Louisiana State University’s report on Louisiana pedestrian injuries and fatalities, there were 1,384 pedestrian injuries and 114 pedestrian fatalities in 2019. If you were injured or if your loved one was killed in an accident with a vehicle in Lafayette, you may be entitled to compensation for your medical bills, pain, suffering, and more. A Lafayette pedestrian accident lawyer at Morris Bart, LLC can stand up for your rights. Call us today at (337) 446-4571 for a free consultation on your case.
Proving a Driver’s Negligence
One of the key components in a personal injury lawsuit involving a pedestrian-car collision is proving that the driver was at fault for the crash. In the terminology of the court, this is also referred to as operating their vehicle in a negligent manner.
Types of Driver Negligence
Multiple actions taken by a motorist can result in a court’s determination of driver negligence. Some of these actions will be considered criminal under Louisiana state driving statutes. If law enforcement officers ticketed or charged the driver who struck you, this is a key piece of evidence in proving negligence. Other times, law enforcement may decide the driver’s actions did not reach the level of a crime, issuing no tickets to the driver. A judge or jury could still find the driver behaved negligently based on the facts in the case that you and your attorney present. Driver actions that could be interpreted as negligent include:
- Driving distracted: where the motorist is not paying attention to the road, because he or she is looking at a smartphone, eating food, or engaging in distracted driving due to something else in the car.
- Driving drunk or high: where the driver has been drinking alcohol or using drugs to the degree that they cannot safely operate their vehicle.
- Driving recklessly: where the driver is going too fast for the road or weather conditions, or where the driver is aggressively weaving in and out of traffic.
- Driving while tired: where the driver is too tired to operate the vehicle safely, leaving them unable to respond to hazards in the road quickly enough.
- Speeding: where a driver is exceeding the posted speed limit.
- Ignoring traffic signs: where a driver does not stop at stop signs or red stop lights, potentially striking a pedestrian who is crossing the street legally.
How an Attorney Can Build a Case for Driver Negligence
If you retain the services of Morris Bart, LLC, a Lafayette pedestrian accident lawyer will seek evidence that shows the driver’s negligence caused the accident and injuries in your case. This evidence-gathering and representation can include:
- Studying police reports
- Studying medical records
- Interviewing witnesses to the accident
- Reviewing the driver’s past driving record
- Studying any photos or videos of the scene
- Hiring accident recreation experts
- Interviewing experts on traumatic injuries
- Interviewing experts on long-term implications of certain injuries
- Interviewing experts on emotional trauma that car and pedestrian accidents cause
- Negotiating with insurers on your behalf
At Morris Bart, LLC, we know how to apply the facts in a pedestrian-vehicle personal injury case in the victim’s defense. Call us today at (337) 446-4571 for a free consultation with a legal representative about your case.
For a free legal consultation with a Pedestrian Accident lawyer serving Lafayette, call 800-537-8185
Common Injuries in a Pedestrian Accident
Any time a pedestrian is struck by a motor vehicle, the potential injuries could be catastrophic, even fatal. Some victims in an accident like this never fully recover, suffering from one or more disabilities that greatly reduce their quality of life. Some injuries a pedestrian may suffer in vehicle accidents include: Traumatic brain injuries Concussions Scarring Disfigurement Broken bones Muscle damage Ligament damage Loss of a limb Neck and spinal cord injuries, leading to paralysis Injuries to internal organs Significant internal bleeding Emotional trauma Only a doctor can diagnose all the injuries you suffered in the crash. You should seek medical attention after an accident with a vehicle as soon as it is safe to do so. Even if you feel like you have only suffered minor injuries, it is best to have a doctor diagnose and treat them fully.
Lafayette Pedestrian Accident Lawyer Near Me 800-537-8185
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While you are recovering from your injuries after a pedestrian-car accident, you may hear from the driver’s insurance company. The insurance adjuster may offer you a settlement, acting as if he or she is working on your behalf. Use caution in this situation. The adjuster may make you a settlement offer that is less than the amount needed to cover your long-term medical needs. Signing a compensation offer from an insurer may also prevent you from seeking legal action against them later if new costs arise as a result of your injuries. A Lafayette pedestrian accident lawyer will understand the techniques insurers use when speaking to accident victims. If you choose to be represented by Morris Bart, LLC in your pedestrian accident case, our lawyers can handle all the communications with the insures, and make sure they are presented with the costs of your full injuries and losses. If they are not willing to make a fair and reasonable settlement offer, we are not afraid to take your case to court. At Morris Bart, LLC, we do not accept payment until the case reaches a settlement or ruling in your favor. Contact us at (337) 446-4571 today for a free consultation on your case and to get started. We will work tirelessly on your behalf.
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