If a car strikes you as a pedestrian on the roadways of Louisiana, regardless of the circumstances, regardless of the police issuing a traffic ticket after the accident, you as the victim may still have the right to receive compensation for your medical bills and pain and suffering.
At Morris Bart, LLC, we have seen just how difficult it can be for the victim of an auto-pedestrian accident to recover fully. By hiring a pedestrian accident attorney in Lake Charles, you can spend time healing. Let us negotiate with the insurance company on your behalf.
Louisiana Pedestrian Accident Statistics
Presently, the state ranks fourth in the United States in terms of dangers to pedestrians on the roadways, according to the 2019 Dangerous By Design report.
In 2019, Louisiana State University Highway Safety Research Group reported 1,386 pedestrians suffered injuries in Louisiana after being struck by a car, 114 pedestrians died, and 37.7 percent of the pedestrian fatalities involved alcohol.
Drunk Drivers in Louisiana
Drunk driving laws in Louisiana state that a driver who has a blood alcohol concentration (BAC) of 0.08% or higher is legally impaired. If the police pull the driver over, they may very well arrest the driver and charge him with driving under the influence (DUI).
Even if the driver was not legally drunk under state law, any amount of alcohol in the driver’s system may slow his reaction times, leading to an accident with other vehicles or with a pedestrian. If the driver behaved negligently by drinking before driving and struck a pedestrian, that pedestrian may be able to recover damages related to his losses and injuries.
Other Negligent Acts
If the driver did not mean to cause the accident in which you, as a pedestrian, were injured, the driver still could be found negligent. A finding of negligence just needs to show that the driver could have done something differently before the crash to avoid it and to avoid causing your personal injuries.
Proving negligence is a key component of any personal injury lawsuit. A pedestrian who has been struck by a motor vehicle is no different. Beyond drunk driving, some other potential acts of negligence by a motorist that can lead to a pedestrian injury include:
- Failing to maintain a lane or to stay on the road
- Driving recklessly
- Driving too fast for the weather conditions
- Failing to stop at a stop sign or red light
- Failing to yield to pedestrians in crosswalks
- Failing to maintain the vehicle properly, such as driving with faulty brakes
- Using a smartphone while driving
- Eating food or drinking water while driving
- Putting on makeup while driving
- Performing personal grooming while driving
- Looking at a GPS unit
- Adjusting the radio
- Being distracted by the actions of passengers in the vehicle
- Being distracted by the actions of unsecured pets in the vehicle
It may feel like you are alone after being struck by a vehicle, especially as you are missing work and trying to recover from injuries. Consider hiring Morris Bart, LLC to represent your interests. Our Lake Charles pedestrian accident lawyers are ready to work hard on your behalf.
For a free legal consultation with a Pedestrian Accident lawyer serving Lake Charles, call (337) 377-0514
Possible Eligible Compensation for Car Pedestrian Accident
The state law in Louisiana does not specify exactly what items are eligible for compensation in an insurance settlement after a negligent motorist hits a pedestrian. Victims expect compensation for their doctor bills they accumulate after an accident.
There are other items for which you may be able to receive financial compensation, including:
- Costs for prescription drugs
- Costs for physical therapy
- Costs for a hospital stay
- Costs for a long-term health care facility used during recovery
- Reimbursement for driving to medical appointments
- Estimated future medical costs
- Lost wages
- A loss of future income
- An inability to work in the profession of your choice going forward
- Any disability, disfigurement, or scarring you may have suffered
- Mental anguish
- Loss of quality of life
- Pain and suffering from your injuries
Was the Accident My Fault?
A lot of pedestrians worry they did something wrong. They could even admit fault prematurely. But don’t be too quick to judge yourself. Pedestrians have the right of way in many cases and it’s up to drivers to notice them.
There may be circumstances where you did contribute to your accident, like crossing at an unmarked section of the road. This could reduce your compensation under Louisiana’s comparative fault rules.
Recovering from Personal Injuries after Being Hit by a Car
The driver’s insurance company may make a financial offer to you soon after being hit by a car. However, you should not accept any offer until you fully understand the extent of your accident injuries, both mental and physical.
You should have a plan from your doctor that lays out your treatment options and length of treatment. Following your doctor’s plan from beginning to end is important to your current and future prospects for returning to as normal of a life as possible.
Additionally, if you stop your treatment before the doctor recommends stopping, the driver’s insurance company may argue that you were not as seriously injured as initially thought, which may reduce your damage award.
How Long do I Have to File a Pedestrian Accident Claim in Louisiana?
Less time than you think, especially in Louisiana. You have just one year from your accident to file a lawsuit. That deadline can shrink in some cases, like if the accident was caused by a city or state vehicle.
It’s always in your best interest to reach out to a pedestrian accident lawyer in Lake Charles as soon as you can after you’ve been treated by a doctor for your injuries. By working with a lawyer quickly after your accident, you improve your chances of a favorable settlement.
Contact Our Personal Injury Law Firm for Help Today
After getting hit by a car, the victim needs time to deal with healing from physical injuries and mental trauma. But the stress over dealing with medical bills and lost wages from work can make it difficult to focus on your recovery.
We understand that financial damage awards may not be enough to truly compensate you for your injuries, losses, and pain and suffering. By bringing a personal injury lawsuit against the driver who hit you, you can hold the driver responsible.
The Lake Charles pedestrian accident attorneys at Morris Bart, LLC are ready to work on your behalf. If an insurance adjuster is not willing to agree to a fair personal injury settlement in the case, we will continue working on your behalf in court. Call us or contact us online today.
Questions?Call (337) 377-0514
to find a Morris Bart office near you.