If you or a loved one suffered injuries when a careless or reckless driver struck you, one of our New Orleans pedestrian accident injury lawyers can assess your legal options and discuss how we may pursue and recover financial compensation for you. When negligent drivers cause those walking across or along roads to suffer catastrophic injuries, they can be held legally responsible, just like if they caused a car crash.
Our New Orleans personal injury lawyers handle these cases regularly. We can develop claims based on traffic accident injuries and pedestrian fatalities. Contact us today to get started with a free case review.
Why Choose Morris Bart?
- Our attorneys have collected over $1 billion in our 40-plus years of legal experience. In 2022 alone, our law firm won more than 5,600 cases across our 15 locations.
- We understand how pedestrian accident cases work in Louisiana. Our attorneys can confidently navigate the laws, details and nuances that surround your case.
- You will benefit from personal care and individualized attention from your lawyer. You will never feel alone or left in the dark about your pedestrian accident case.
- We accept New Orleans pedestrian accident cases on a contingency fee basis. This means as our client, you will pay us $0 unless we win your case.
For a free legal consultation with a Pedestrian Accident lawyer serving New Orleans, call 800-537-8185
Negligence and New Orleans Pedestrian Accident Injuries
Negligence can happen in countless ways. Louisiana law defines negligence as “conduct by an individual, business, or government entity that is unreasonable under the circumstances and that causes harm.” You are entitled to compensation if you have been injured as a result of someone else’s negligence.
Negligent conduct causes pedestrian accidents every day. Pedestrian accidents can be anything from a vehicle hitting a person to unsafe conditions outside a building. If you have been injured, call our pedestrian accident lawyers in New Orleans to protect your right to seek fair compensation and justice.
When a pedestrian is struck by a car, they frequently sustain lasting injuries. Some common injuries in these cases include:
- Spinal cord injuries
- Traumatic brain injury
- Other head injuries
- Internal injuries
- Fractures
- Pelvic injuries
Victims often require extensive medical treatment and experience loss of income, pain and suffering, and other expenses and costs. Holding the liable party accountable and pursuing an insurance payout allows them to recover money to help with these bills. Our legal team knows what it takes to recover fair compensation and get justice for our clients.
How to Prove Negligence in a Pedestrian Accident
Negligence is the failure to use a reasonable or appropriate amount of care, resulting in harm to others. Negligence is the number one cause of pedestrian accidents in New Orleans. Driver negligence or errors behind the wheel, for example, can put a motor vehicle in the wrong place at the wrong time – potentially resulting in a collision with a vulnerable pedestrian or bicyclist.
Negligence consists of the following four elements:
- Duty of care: a responsibility that the driver has to drive carefully and prudently around a pedestrian. This includes a legal obligation to obey traffic laws and roadway rules, especially in areas where pedestrians are likely to be present (school zones, residential areas, downtown, etc.).
- Breach of duty: an act or omission that falls short of the duty of care, such as a driver violating a traffic law, driving under the influence or texting while driving.
- Causation: a provable connection between the driver’s failure to act reasonably while driving and the pedestrian accident; in other words, proof that the accident would not have happened but for the driver’s negligence.
- Damages: evidence of losses suffered by the injured pedestrian because of the accident, such as bodily injuries, hospital bills, pain and suffering, and lost wages.
Obtaining financial compensation in a pedestrian accident case typically requires proof that another party was negligent and that this led to the accident and injuries being claimed. The burden of proof is a “preponderance of the evidence,” and it rests with the plaintiff or filing party. This means the victim or his or her attorney must establish the defendant’s negligence as more likely to be true than not true.
Evidence Used to Build a Pedestrian Accident Case
Proving negligence in a pedestrian accident case requires clear and convincing evidence. Evidence of fault may refer to physical proof, such as photographs of the accident scene and available surveillance footage. It can also include documentation, such as police reports, signed witness statements and medical records. In many pedestrian accident cases, evidence also includes testimony from experts, such as medical experts and accident reconstruction professionals. An attorney from Morris Bart can help collect and present evidence to support your New Orleans pedestrian accident case.
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Potential Liable Parties
The party that you could potentially hold liable, or legally and financially responsible, for your pedestrian accident in New Orleans will depend on the cause of the collision and the circumstances. For the most part, liability for a pedestrian accident will go to the party who broke a roadway rule, such as a driver who failed to yield to a pedestrian in a crosswalk. However, an investigation may be required to determine liability in your injury claim.
Possibilities include:
- A motor vehicle driver: drivers are named as defendants most often in pedestrian accident lawsuits. If a driver’s negligence or recklessness behind the wheel causes an accident, his or her car insurance company can be held liable. Our New Orleans car accident attorneys are skilled in holding negligent drivers accountable.
- A car part manufacturer: if a motor vehicle contained a defective part that contributed to the crash, such as bad brakes or a faulty tire, the vehicle manufacturer could be held responsible with a product liability claim.
- The government: if hazardous road conditions caused the pedestrian accident, such as a dangerously designed intersection or a lack of sidewalk maintenance, a government agency could be held liable.
- Property owners: if a pedestrian was hit by a car on private property due to a property defect, such as lack of proper signage or inadequate lighting, the owner of the premises could be held liable.
- A third party: other potential. liable parties include public transportation entities, a business or employer, a trucking company, a school district, or a bar or restaurant (in a case involving alcohol intoxication).
Liability for a pedestrian accident in New Orleans can be complex. Multiple parties may share fault for the same accident, for example, or an insurance company may attempt to blame you for the accident as the injured pedestrian (the rule of contributory negligence). It is crucial to consult with an attorney who has experience handling pedestrian accident cases to understand your rights as a victim.
How a New Orleans Pedestrian Accident Attorney Can Help
If you’ve been involved in a pedestrian accident in Louisiana, an attorney from Morris Bart law firm can help you in numerous ways. Hiring a pedestrian accident lawyer can be invaluable, especially in a case involving catastrophic injuries or the death of a loved one.
An attorney will have the knowledge, experience and resources to assist you in several ways during your case, including:
- Legal advice and guidance: in-depth information about how to file and navigate a pedestrian accident claim, including whether or not your case needs to go to court.
- Comprehensive investigation: a careful analysis of the accident to identify who is at fault and collect any available evidence.
- Determination of liability: identifying the defendant(s) and filing the proper paperwork to bring a claim against an insurance company.
- Communication with an adversary: taking over all conversations with an insurance company on your behalf to negotiate a fair settlement.
- Trial litigation: representation before a judge and jury during a pedestrian accident court case in Orleans Parish, if necessary.
Keep in mind that contacting an attorney does not necessarily mean that your case will have to go to trial. The majority of pedestrian accident claims in Louisiana reach settlements. If you do have to pursue a lawsuit for fair compensation, however, your lawyer will be with you every step of the way.
Time Limits for Filing a Pedestrian Accident Claim
It is important to act quickly if you believe you have grounds to pursue financial compensation for a pedestrian accident in New Orleans. A law in Louisiana known as the statute of limitations places a strict time limit on a victim’s ability to file a personal injury claim. The general deadline for most personal injury cases is one year from the date of the accident or reasonable discovery of the injury, according to Louisiana Civil Code section 3492.
The discovery rule can pause the statute of limitations until the date that the victim discovers an injury with delayed or hidden symptoms. Another exception is a wrongful death claim filed after the death of a loved one in a fatal pedestrian collision. Claimants have one year from the date of the deceased person’s death in this situation rather than the date of the accident, if these two dates differ.
Note that Louisiana’s statute of limitations for personal injury claims does not apply to an injured victim who is under the age of 18 at the time of the accident. If a child gets injured in a pedestrian collision in New Orleans, he or she is able to pursue financial compensation years after the accident takes place. In most cases, injured minors have one year from their 18th birthdays to file pedestrian accident claims.
A year to file a claim is one of the shortest personal injury statutes of limitations in the country. After being injured in a pedestrian accident, do not delay in seeking legal advice from an attorney near you. The clock is ticking on your right to hold someone else financially responsible for your injuries and losses. If you miss your filing time limit, the courts will most likely refuse to hear your case. This could be an extremely costly mistake.
What Is a Pedestrian Accident?
Pedestrian accidents occur when you are injured while walking on foot by a negligent driver. These accidents occur because of distracted driving, ignoring a traffic signal, being under the influence of alcohol, and making careless mistakes behind the wheel. Our lawyers know how to identify the at-fault driver and hold the responsible parties liable for their actions through their insurance carrier or a personal injury lawsuit.
Pedestrian accidents can happen when you are hit by a truck or car, but they can also occur in non-vehicular pedestrian accidents. If a negligent property owner injured you because you slipped and fell while walking, you can file a premises liability claim.
What Should You Do After a Pedestrian Accident?
Never leave the scene of the accident. Even a minor incident can result in a terrible injury. Stay at the scene of the accident to get medical care immediately, file a report with the police, and gather all the information you need to make your case.
Call the Police
A police officer will gather information and create a legitimate record of the incident. Make sure to obtain all police reports for your records. The police report can help prove liability in your claim, along with other evidence. We can also request an accident report if we represent you in your case.
Gather Information
Even though you will have a police report, you’ll want to make sure you’re covering all the bases after a car wreck. If your injuries allow, obtain at least the following in the aftermath of a crash:
- Names and contact information from all parties involved
- Driver’s license and license plate numbers from all parties involved
- Names and contact information of any witnesses
Take Photos
If possible, take pictures of your injuries and the location of the accident. You can never have enough photos because they may reveal details that can help prove fault.
See a Doctor
If you are hurt, a licensed medical practitioner can properly document your injuries. Even relatively minor accidents can cause severe injuries, requiring hospitalization, doctor’s visits, physical therapy, and even surgery. It is a good idea to see a doctor promptly after any traffic incident because some injuries are not immediately evident.
Even if you do not feel like you need an ambulance or a trip to the nearest trauma center or emergency department, consider going to a walk-in clinic, urgent care, or your family doctor if you have any pain, swelling, bruising, or other indications of an issue.
File an Insurance Claim
Once you have received medical care for your injuries, gather all of the information that you have about the crash and prepare to file an insurance claim. Contact the insurance provider of the driver who struck you. Do not admit fault or give the insurance company a recorded statement. Beware of accepting the first settlement offer, as it is most likely less than you deserve. Instead, take your case to an attorney to help you with settlement negotiations.
Consult With an Attorney in New Orleans
An attorney will know how to communicate with an insurance claims adjuster to fight for maximum financial compensation for your injuries, medical bills and losses. You can also count on an attorney to explain the laws surrounding your case, your legal options and potential case outcomes. Unlike an insurance company, a personal injury lawyer will want to maximize the outcome of your case, not minimize your payout.
What If My Loved One Died in a Pedestrian Accident?
If you had a loved one die in a pedestrian accident, you may not be able to get the evidence you need on your own. A personal injury lawyer is even more important in pedestrian crash cases where there were traffic fatalities.
We will do the necessary research, like going to the New Orleans Police Department and obtaining an accident report. Gathering evidence on your own takes a lot of time and know-how, and it is difficult to do while you’re grieving. Our lawyers have the knowledge, experience, and financial resources necessary to develop a compelling case.
What Can I Claim in a Pedestrian Accident?
Compensation isn’t just for the cost of your injuries and property. You may be eligible for other damages like pain and suffering, lost wages, and other expenses related to your injuries.
Your pedestrian accident lawyer will study the evidence and see which types of damages may apply to your situation. You may get more than you think. If possible, collect all related bills, receipts, and other relevant paperwork beginning on the day of the accident. This will make it easier for our team to document your recoverable damages.
Call Morris Bart for a Free Pedestrian Accident Consultation
You may not be properly compensated for your injuries if you do not involve a legal professional who can advocate for you when dealing with the at-fault party’s insurance company. A pedestrian accident lawyer will fight for your rights.
Morris Bart law firm is one of the country’s largest personal injury law firms. We have the experience and resources to win your case. Our attorneys offer valuable and necessary legal advice, assist you with your claim, and protect your rights.
Questions? Contact us today to get started with a free case review. You can talk to one of our lawyers about your legal options today for free.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
