If you were injured in a pedestrian accident in Louisiana, you may be entitled to compensation in a personal injury case. If your loved one died in a pedestrian accident, you may qualify to file a wrongful death lawsuit. We can tell you more about your rights as a victim.
A Monroe pedestrian accident lawyer can represent you on a contingency fee basis, meaning there are no up-front costs. We only receive a payment if you receive a settlement or judgment. No matter what your financial situation, our attorneys are here to help.
How a Pedestrian Accident Lawyer From Morris Bart Can Help
At Morris Bart, our attorneys have obtained over $1 billion for our personal injury clients through compassionate and dedicated legal representation. We have protected victims’ rights after preventable accidents – including vehicle-pedestrian collisions – for more than 40 years. In 2023 alone, our law firm won over 5,000 personal injury cases.
When you hire a pedestrian accident lawyer from Morris Bart, you will benefit from a personalized legal strategy. We build cases through comprehensive accident investigation, evidence collection and the hiring of experts. Our trial lawyers in Monroe can take on any challenge that may arise during your pedestrian accident case. Our personal injury attorneys are prepared to go to trial if necessary.
For a free legal consultation with a Pedestrian Accident lawyer serving Monroe, call 800-537-8185
Time Limits to File a Pedestrian Accident Claim in Monroe
You have a limited amount of time in which to pursue financial compensation for a pedestrian accident in Monroe. Plaintiffs in Louisiana have a time limit of one year from the date that the cause of action accrues to file personal injury claims under the state’s statute of limitations (Louisiana Civil Code Article 3492). Missing the deadline almost always means being barred from filing a claim.
The clock will generally start ticking on the day that an injury or damage is sustained. However, if the injuries were not discovered right away (e.g., a case of delayed concussion symptoms after a pedestrian collision), the clock may start ticking from the date that the victim discovered or reasonably should have discovered with due diligence that he or she was injured.
A claimant may also have more time to file a pedestrian accident claim if he or she is a child under the age of 18. In this case, the statute of limitations is tolled (paused) until the date that the victim turns the age of majority. This means that the victim has until age 19 to file a personal injury claim, regardless of how long it has been since the pedestrian accident occurred.
A pedestrian struck in a crosswalk. If this happens to you, contact a pedestrian accident lawyer in Monroe, LA.
Driver Negligence in Pedestrian Accidents
Our attorneys have handled many different types of accidents. Here are some common types of driver negligence that can cause serious injuries to pedestrians:
- Speeding: Speeding increases a driver’s stopping distance and decreases the time a driver has to react. This can create an avoidable collision. Speeding also may increase the risk of severe injuries in the event of a collision with a pedestrian.
- Distraction: The causes of distracted driving include being preoccupied with food, a cell phone, the radio, conversation, smoking, or the navigation system.
- Failure to yield: Drivers are required by law to yield the right of way to pedestrians. This includes intersections where a WALK signal or crosswalk gives the pedestrian the right of way.
- Driving under the influence: Drunk and intoxicated drivers may have slower reaction times and are more likely to engage in dangerous behavior, like speeding or red-light running. Impaired drivers can cause significant harm to pedestrians.
These are not the only driving behaviors that cause pedestrian accidents. A Monroe pedestrian accident lawyer can help you prove driver negligence and help you get compensation for your case.
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Common Injuries Our Lawyers See in Pedestrian Accidents
Seek medical treatment as soon as it is safe to do so after a pedestrian accident. A medical professional can diagnose and begin treating your injuries right away. Some injuries that pedestrians suffer in accidents with motor vehicles include:
- Traumatic brain injury (TBI): A jolt or impact to the head can cause a TBI. The effects of a TBI differ based on the severity of the injury and can include headache, seizures, fatigue, confusion, sensitivity to light, and more.
- Spinal cord injury (SCI): An SCI can cause numbness or pain in the extremities and, in some cases, may cause partial or complete paralysis.
- Broken bones: Broken bones may require surgery and limit your mobility during the recovery period.
If you experienced these or other injuries in a Monroe pedestrian accident, you may have extensive medical bills and need to miss time from work while you recover.
What If I Become Permanently Disabled?
In some cases, pedestrians who suffer severe injuries experience a permanent disability that prevents them from returning to work or reduces their earning capacity. We can help you get compensation for any future income you have lost due to your condition.
A personal injury attorney in Monroe can help you identify your short- and long-term losses and fight for damages to cover the financial, physical, and emotional effects of your disability. This includes whether to file for disability benefits.
Recovering Damages in a Pedestrian Accident Case
How much your lawyer can get in your settlement will depend on the specifics of your claim. Although each case is different, plaintiffs in pedestrian accident cases may qualify to recover compensation for:
- Medical expenses
- Rehabilitation expenses
- Lost wages
- Reduced earning potential
- Pain and suffering
A pedestrian accident attorney can help you learn which damages your case may qualify for and give you an estimate of how much you may be able to recover.
Proving Negligence in a Pedestrian Accident
The legal definition of negligence in a personal injury claim is the failure to act with proper or reasonable care based on the circumstances. If someone is negligent and this results in injury to another person, the negligent party (defendant) can be held financially responsible for the victim’s injuries and losses. The victim has the burden to prove negligence.
Negligence contains four elements:
- Duty of care: a responsibility to behave in a safe and reasonable manner, such as a driver’s duty to obey traffic laws.
- Breach of duty: an act or omission that fails to meet the duty of care, such as a driver failing to yield to a pedestrian in a crosswalk.
- Causation: proof that the defendant’s breach of duty directly caused the pedestrian’s injuries.
- Damages: the pedestrian suffered actual losses as a result of the accident, such as medical bills and lost wages.
The plaintiff in a personal injury case always has the burden of proof. In civil law, negligence must be proven based on a preponderance of the evidence, meaning more likely to be true than not true. An attorney from Morris Bart can help you prove negligence using clear and convincing evidence, such as police reports, witness statements, and testimony from highly qualified experts.
Potential Liable Parties in a Monroe Pedestrian Accident Case
If the motor vehicle driver who hit you violated a traffic law or roadway rule, he or she could be held liable for your losses. If the driver was working at the time of your accident, such as a truck driver or delivery driver, his or her employer may be held vicariously liable. Another possibility is a third party, such as the manufacturer of a defective car part. Determining the liable party in your Monroe pedestrian accident case may require an in-depth investigation by a law firm.
Recovering Damages in a Pedestrian Wrongful Death Case
According to the Insurance Institute for Highway Safety, many victims of pedestrian-vehicle accidents do not survive. If your family member was killed in a Monroe pedestrian accident, you may be able to pursue compensation in a wrongful death case. Your family may qualify to recover compensation for:
- Funeral expenses
- Medical expenses prior to death
- Damages from lost income
- Loss of companionship
- Pain and suffering
Evidence is important to prove the value of damages in a pedestrian accident case. A Monroe pedestrian accident lawyer can help retrieve evidence like medical records, proof of lost income, and expert witness testimony.
Get a Free Consultation With Morris Bart
The Morris Bart law firm understands the devastating effects that injuries or losing a loved one can have on your life. It can be challenging to put together a case for compensation and take legal action when you are recovering after a wreck.
To discuss your legal options with pedestrian accident attorneys in Monroe, Louisiana, contact us for a free case evaluation. We will work to get you the resources you need to move beyond this difficult time.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
