Drivers in Louisiana have a responsibility to follow all of the state’s traffic laws and regulations, as well as motor vehicle liability security, or insurance. These laws and protections extend to the way motorists behave around pedestrians. A driver must take care to avoid a collision with a pedestrian at all times, just as the driver must try to avoid colliding with other vehicles on the road.
Unfortunately, accidents between pedestrians and motor vehicles in Louisiana are still common. If you, as a pedestrian, are the victim in an accident with a motor vehicle, you may have suffered significant emotional and physical trauma. If so, a pedestrian accident attorney in Alexandria can help you seek fair compensation.
Why Choose Morris Bart for Your Alexandria Pedestrian Accident
- We have more than 40 years of experience representing clients in pedestrian accident cases.
- Our Alexandria personal injury lawyers have won over $1 billion in positive case results for past clients.
- Your case will be handled by your pedestrian accident lawyer – not an assistant or paralegal.
- Our law firm has 15 office locations in Louisiana, Mississippi, Alabama and Arkansas.
- We won’t charge any fees for our legal services unless we win your pedestrian accident case.
For a free legal consultation with a Pedestrian Accident lawyer serving Alexandria, call 800-537-8185
What an Alexandria Pedestrian Accident Lawyer Can Do for You
When you have been struck by a vehicle and are dealing with the driver’s insurance company, you may feel as though you are not being treated fairly. The insurance company might attempt to downplay your injuries or talk you into accepting a lower compensation offer than you deserve.
Our pedestrian accident attorneys in Alexandria can stand up to aggressive insurance companies and build a case that defends your right to compensation. Should you choose to retain our services, we can:
- Gather evidence of the responsible party’s negligence
- Collect documents that show the full extent of your injuries
- Hire traffic accident experts if need be
- Handle all communication with insurance companies on your behalf
- Manage legal paperwork and deadlines
We can present your side of the story of the accident and stand by your side during negotiations with insurers. If they won’t offer a fair settlement, we’ll take them to court.
Time Limits to File a Pedestrian Accident Claim
Every state has unique statutes of limitations, or legal time limits, for filing personal injury cases. If you wish to file an injury claim for a pedestrian accident in Alexandria, you will need to do so before Louisiana’s filing deadline passes. According to Louisiana Civil Code 3492, a personal injury claim must be brought within one year of the date that the cause of action accrued, in most cases.
The clock on Louisiana’s statute of limitations generally starts counting down on the date that the collision occurred. However, if the victim does not discover his or her injuries immediately, the clock may be tolled, or paused, until the date of reasonable injury discovery. The injured pedestrian may also have more time to file if he or she is a minor. Injured minors in Louisiana have one year from turning 18 to file personal injury claims.
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Driver Negligence in Pedestrian Accidents
In order to receive a settlement in a personal injury case, it is typically necessary for the injured party to demonstrate and produce evidence that the defendant’s negligent behavior caused their injuries. In personal injury law, a person is negligent if he or she fails to act with proper care based on the situation. A motor vehicle driver could be negligent, for example, if he or she violated a traffic law or drove recklessly.
Dangerous Driving
Dangerous driving is a form of negligence. Patterns of this are easy to understand, as the driver is clearly violating state motor vehicle operating laws. This includes:
- Speeding
- Driving too fast for the road or weather conditions
- Failing to stop at stop signs and traffic lights
- Failing to maintain a lane
- Failing to stay on the roadway
- Not yielding to a pedestrian in a crosswalk
If a driver performs one of these actions and strikes a pedestrian, law enforcement may issue a traffic ticket to the driver. This citation, or police report from the accident, can be a key piece of evidence in proving that your injuries are a direct result of the driver’s negligent actions.
Other forms of Driver Negligence
There are other negligent actions a Louisiana motorist can take to cause an accident that injures a pedestrian. These actions may include:
- Distracted driving: The motorist looked at a smartphone or directed their attention to something else in the car rather than watching the roadway.
- Drunken driving: The driver was drinking alcohol and was over Louisiana’s legal BAC limit of 0.08%.
- Driving under the influence of drugs: The driver took illegal or prescription drugs that impaired their ability to drive safely.
- Drowsy driving: The driver operated a vehicle for too many hours without rest or sleep or drove while they were tired.
- Reckless or aggressive driving: The driver did not behave in a responsible manner and swerved or passed other vehicles aggressively.
Even if law enforcement does not issue a ticket or a criminal charge to the driver in situations like these, enough evidence may exist that the driver was behaving negligently. This can result in a favorable outcome in your personal injury lawsuit.
How to Prove Negligence
According to Louisiana Civil Code Article 2315, any act by an individual that causes damage to another person obliges the at-fault party to repair the damage caused. In personal injury law, obtaining financial compensation for losses related to an individual’s harmful acts requires proof of negligence.
Establishing negligence in a pedestrian accident claim requires evidence of four key elements:
- Duty of care: an obligation to act in a way that is reasonable and prudent based on the circumstances, such as a driver’s duty to yield to pedestrians in crosswalks.
- Dereliction of duty: an act or omission committed by the defendant that fell short of his or her obligations.
- Damages suffered: specific, compensable losses suffered by the pedestrian in the accident, such as physical injuries, lost wages, and pain and suffering.
- Direct cause: a causal connection between the defendant’s breach of duty and the pedestrian’s damages.
During a pedestrian accident case in Alexandria, the injured victim or filing party, known as the plaintiff, bears the burden of proof. This means it is the victim’s responsibility to establish the truth of what he or she is claiming. The standard of proof required in a civil lawsuit is a preponderance of the evidence, or proof that the defendant is more likely than not responsible for the plaintiff’s injury.
Injuries in a Pedestrian Accident
Alexandria pedestrian accident attorneys will recommend that you seek medical care immediately after the accident. You may have internal injuries that are not obvious or injuries that seem small now but could require ongoing care. Pedestrians injured by cars can suffer head and brain injuries. These injuries can include:
- Concussion
- Traumatic brain injury
- Bleeding in the brain
Head injuries can linger for months or years, causing disability or emotional trauma. If you suspect you received a head injury in your accident, see a doctor immediately. It is important to document all injuries in order to hold the responsible parties liable for the full cost of your recovery.
Pedestrian Accident Damages You Can Get Compensation for
No matter how severe your injuries are as a pedestrian, working with an experienced Louisiana pedestrian accident lawyer can help you achieve compensation for the damages you suffered because of a motorist’s negligent conduct. Common damages you can get compensation for include:
- Medical costs
- Cost of therapy and rehabilitation
- Loss of income or the ability to continue working
- Loss of future wages and earning capacity
- Pain and suffering
- Scarring and disabilities
- Loss of quality of life
Discuss the potential value of your pedestrian accident claim with an attorney at Morris Bart before accepting a fast settlement from an insurance company. While an insurance carrier may try to diminish your financial recovery, our lawyers will give you an honest and accurate estimate of how much your case could be worth.
Louisiana Pedestrian Accident Statistics
A large percent of Louisiana’s population gets around by walking or bicycling, especially in urban areas. Although major cities take this into account when designing their infrastructures, roads, and intersections are not always safe for vulnerable road users. Hundreds of collisions continue to take place between pedestrians and motor vehicles each year.
According to the most recent statistics available from the Louisiana Highway Safety Commission, 1,146 pedestrians were injured and 185 lost their lives in traffic accidents in 2021. Almost one-third (32 percent) of pedestrian fatalities were alcohol-related. In addition, 504 cyclists were injured and 35 died in fatal bicycle accidents.
Preliminary data from the Governor’s Highway Safety Association estimates 166 pedestrian fatalities in Louisiana in 2022, which is equivalent to a fatality rate of 4.2 pedestrian deaths per 100,000 population. This places Louisiana at second in the country in terms of pedestrian fatalities, behind only New Mexico (5.1).
What to Do After a Pedestrian Accident
Although you may be overwhelmed and dealing with serious injuries after being hit by a car in Alexandria, it is critical to try to take the right steps to ensure your safety and start building a strong legal claim from the very beginning.
If you can, take the following actions:
- Move to a safe location if you are not safe where you are. Otherwise, remain still in case you have serious injuries; for example, moving incorrectly could exacerbate a spinal cord injury.
- Report the accident to law enforcement and call for medical help. Call 911 using your cell phone and request paramedics if you have been injured.
- Exchange information with the driver who hit you. Obtain the driver’s name, contact information, vehicle description and insurance details.
- Gather evidence. Take photographs to document the scene of the pedestrian accident. Write down a description of events and the names of any witnesses.
- Do not admit fault for the accident. Do not say anything to the other driver or the police that could imply that you are to blame for the pedestrian accident.
- Collect records and documentation. Obtain a copy of your police accident report and medical records, as well as any surveillance footage of the accident.
- File an insurance claim. Once you have all of the basic information about the pedestrian accident, file a claim with the driver’s car insurance company.
- Be wary of insurance claims adjusters. Do not agree to give an insurer a recorded statement. Before accepting a settlement, contact an attorney.
- Learn your rights. Contact a pedestrian accident lawyer in Alexandria to discuss the possibility of pursuing compensation and ask what you should do next.
The best way to protect your well-being and legal rights after a pedestrian accident is by taking prompt and decisive actions. If you need assistance documenting your accident, collecting evidence of fault, or obtaining the medical care that you need during this difficult time, consult with the lawyers at Morris Bart without delay.
Let Us Defend Your Right to Receive Fair Compensation
If the responsible party is not willing to negotiate a fair settlement for you, we are not afraid to take your case to court and defend your rights there. For a free consultation on your case, call the Alexandria legal team at Morris Bart.
If you choose to hire our lawyers, you pay nothing upfront. We work on a contingency fee basis, meaning we do not get paid unless you reach a settlement or ruling in court.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
