If you or someone you care about has been injured due to a negligent or reckless driver, our team of pedestrian accident injury lawyers in Gretna are here to help. Drivers who cause severe injuries to pedestrians can be held accountable, much like in a car accident. We will evaluate your legal options and guide you through the process of seeking financial compensation.
Our Gretna-based personal injury attorneys specialize in handling such cases regularly. We assist clients with claims related to traffic accidents resulting in injuries or pedestrian fatalities. Contact us today for a complimentary case evaluation and begin exploring your options.
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 Gretna 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 Gretna, call 800-537-8185
Negligence and Gretna Pedestrian Accident Injuries
Negligence can manifest in numerous forms. Under Louisiana law, negligence is defined as “behavior by an individual, business, or governmental entity that is unreasonable given the circumstances and results in harm.” If you’ve been injured due to someone else’s negligence, you have the right to seek compensation.
Pedestrian accidents are often the result of negligent behavior. These incidents range from vehicle collisions with pedestrians to hazardous conditions near buildings. If you’ve been injured, reach out to our pedestrian accident attorneys in Gretna to safeguard your right to pursue fair compensation and justice.
Collisions involving pedestrians and vehicles frequently lead to severe and enduring injuries. Common injuries in such cases include:
- Spinal cord injuries
- Traumatic brain injury
- Other head injuries
- Internal injuries
- Fractures
- Pelvic injuries
Victims often face significant challenges such as extensive medical treatment, loss of income, pain and suffering, and various expenses. Holding the responsible party accountable and pursuing insurance claims can provide financial relief to cover these bills. Our experienced legal team is dedicated to securing fair compensation and achieving justice for our clients.
How to Prove Negligence in a Pedestrian Accident
Negligence is defined as the failure to exercise reasonable or appropriate care, which leads to harm to others. In Gretna, negligence stands as the primary cause of pedestrian accidents. For instance, driver negligence or mistakes while driving can place a vehicle in an improper position at an inopportune moment, possibly causing an accident involving a vulnerable pedestrian or cyclist.
Negligence encompasses the following four essential elements:
- Duty of care: Drivers are legally obligated to operate their vehicles cautiously and responsibly around pedestrians. This includes adhering to traffic laws and regulations, especially in areas frequented by pedestrians, like school zones, residential neighborhoods, and downtown areas.
- Breach of duty: This occurs when a driver fails to fulfill their duty of care, such as by violating traffic laws, driving under the influence, or texting while driving.
- Causation: There must be a demonstrable link between the driver’s failure to exercise reasonable care and the pedestrian accident. This means proving that the accident would not have occurred if the driver had not been negligent.
- Damages: These refer to the losses suffered by the injured pedestrian as a result of the accident. This can include physical injuries, medical expenses, pain and suffering, and lost wages.
Securing financial compensation in a pedestrian accident case usually hinges on demonstrating another party’s negligence as the cause of the accident and resulting injuries. The legal standard for proof is a “preponderance of the evidence,” meaning the plaintiff or claimant must show that it is more likely than not that the defendant was negligent.
In practical terms, this burden falls on the victim or their legal representative to establish that the defendant’s negligence was the primary factor contributing to the accident and subsequent injuries.
Evidence Used to Build a Pedestrian Accident Case
Establishing negligence in a pedestrian accident case demands substantial and convincing evidence. This evidence can encompass physical proof like photographs of the accident scene and available surveillance footage. Additionally, documentation such as police reports signed witness statements and medical records plays a crucial role.
In many cases, testimony from experts such as medical professionals and accident reconstruction specialists also contributes to building a strong case. Attorneys from Morris Bart are adept at gathering and presenting this evidence to bolster your pedestrian accident case in Gretna.
Click to contact our Gretna Personal Injury Attorneys today
Potential Liable Parties
Determining the party potentially liable or responsible for your pedestrian accident in Gretna hinges on the specific cause of the collision and the surrounding circumstances. Typically, liability in a pedestrian accident rests with the party who violated a roadway rule, such as a driver who failed to yield to a pedestrian in a crosswalk. However, establishing liability may necessitate a thorough investigation into the details of your injury claim.
Possibilities include:
- Motor Vehicle Driver: Drivers are frequently named as defendants when their negligence or recklessness causes an accident. Their car insurance company may be held liable for damages. Our Gretna car accident attorneys excel in holding negligent drivers accountable.
- Car Part Manufacturer: If a defective part in a motor vehicle, such as faulty brakes or tires, contributes to the accident, the vehicle manufacturer could be liable under a product liability claim.
- The Government: A government agency may be liable if hazardous road conditions, like poorly designed intersections or unmaintained sidewalks, lead to a pedestrian accident.
- Property Owners: If a pedestrian is injured on private property due to defects like inadequate signage or lighting, the property owner could be held liable.
- Third Parties: Other potentially liable parties include public transportation entities, businesses, employers, trucking companies, school districts, or establishments like bars and restaurants in cases involving alcohol intoxication.
Determining liability in a pedestrian accident in Gretna can be intricate. Various factors may complicate matters, such as multiple parties sharing fault for the accident or an insurance company attempting to attribute partial blame to you under the rule of contributory negligence. It is essential to seek guidance from an attorney experienced in handling pedestrian accident cases. They can help you understand your rights as a victim and navigate the complexities of your case effectively.
How a Gretna Pedestrian Accident Attorney Can Help
If you’ve been involved in a pedestrian accident in Louisiana, an attorney from Morris Bart law firm can provide invaluable assistance, particularly in cases involving severe injuries or fatalities.
Here are the ways an attorney can help you:
- Legal Advice and Guidance: Receive detailed information on how to initiate and navigate a pedestrian accident claim, including whether your case may need to proceed to court.
- Comprehensive Investigation: Conduct a thorough analysis of the accident to determine fault and gather all available evidence crucial to your case.
- Determination of Liability: Identify responsible parties and handle the necessary paperwork to file a claim with insurance companies.
- Communication with Adversaries: Manage all communications with insurance companies on your behalf, aiming to negotiate a fair settlement.
- Trial Litigation: Provide representation in court proceedings in Jefferson Parish, presenting your case before a judge and jury if a settlement cannot be reached.
It’s important to note that consulting with an attorney does not automatically mean your case will go to trial. Many pedestrian accident claims in Louisiana are resolved through settlements. However, if litigation becomes necessary to secure fair compensation, your attorney will guide you through every stage of the process
Time Limits for Filing a Pedestrian Accident Claim
Acting promptly is crucial if you intend to seek financial compensation for a pedestrian accident in New Orleans. Louisiana law imposes a strict time limit, known as the statute of limitations, on filing personal injury claims. According to Louisiana Civil Code section 3492, the general deadline for most personal injury cases is one year from the date of the accident or from the date the injury was reasonably discovered.
Exceptions to this rule include:
- Discovery Rule: This rule allows the statute of limitations to be paused until the date the injury is discovered, especially if symptoms are delayed or hidden.
- Wrongful Death Claims: If a loved one dies in a pedestrian accident, the statute of limitations for a wrongful death claim is one year from the date of the person’s death, not necessarily from the accident date.
It’s important to note that minors who are under 18 years old at the time of the accident have different rules. They can typically file a claim within one year after their 18th birthday.
Louisiana’s one-year statute of limitations for personal injury cases is among the shortest in the country. Delaying in seeking legal advice from an attorney near you could jeopardize your ability to hold the responsible party accountable for your injuries and losses. Missing the filing deadline could result in the court refusing to hear your case, which could have significant consequences.
If you’ve been injured in a pedestrian accident, it’s essential to consult with a local attorney promptly to protect your rights and ensure you meet all necessary deadlines for filing a claim.
What Is a Pedestrian Accident?
Pedestrian accidents happen when a negligent driver injures someone who is walking. These incidents often result from distracted driving, running traffic signals, driving under the influence of alcohol, or other careless behaviors behind the wheel. Our lawyers are skilled at identifying the at-fault driver and holding the responsible parties accountable, either through their insurance company or by filing a personal injury lawsuit.
Pedestrian accidents typically involve being struck by a vehicle, such as a car or truck. However, they can also occur in non-vehicular incidents. For instance, if a property owner’s negligence causes you to slip and fall while walking, you may have grounds to file a premises liability claim.
What Should You Do After a Pedestrian Accident?
It’s crucial to never leave the scene of an accident, no matter how minor it may seem initially. Even seemingly minor incidents can result in serious injuries. Here’s what you should do:
Call the Police
A police officer will gather crucial information and create an official record of the incident. It’s important to obtain copies of all police reports for your records. These reports can serve as valuable evidence in proving liability for your claim, alongside other supporting evidence. If we represent you in your case, we can also request the accident report on your behalf. This ensures that we have comprehensive documentation to support your legal proceedings effectively.
Gather Information
- Names and Contact Information: Collect names and contact details from all parties involved in the accident, including drivers and passengers.
- Driver’s License and License Plate Numbers: Record the driver’s license numbers and license plate numbers of all parties involved in the collision.
- Names and Contact Information of Witnesses: Obtain the names and contact information of any witnesses who saw the accident occur.
Gathering this information promptly can be crucial for documenting the details of the accident and ensuring you have all the necessary information for insurance claims or legal proceedings.
Take Photos
If possible, take pictures of your injuries and the location of the accident. Photographs can often reveal details that are crucial for establishing fault and supporting your claim for compensation. It’s better to have more photos than fewer, as they can significantly strengthen your case by documenting the scene and the aftermath of the accident.
See a Doctor
It’s crucial to visit a licensed medical practitioner if you’ve been injured. They can properly document your injuries, which is essential for your medical records and any potential legal claims. Even seemingly minor accidents can lead to serious injuries that may require medical treatment like hospitalization, physical therapy, or surgery. Some injuries may not be immediately apparent, so seeking medical attention promptly is advised.
File an Insurance Claim
Once you’ve received medical care, gather all pertinent information about the accident and prepare to file an insurance claim. Contact the insurance company of the driver who was involved in the incident. Avoid admitting fault or providing a recorded statement without legal guidance. Be cautious about accepting the first settlement offer, as it may not adequately cover your damages. Consulting with an attorney can help you navigate the insurance claim process and negotiate for fair compensation.
Consult With an Attorney in New Orleans
An experienced personal injury attorney can assist you in communicating with insurance claims adjusters to advocate for maximum financial compensation. They will work to ensure your medical bills, injuries, and other losses are properly accounted for. Additionally, an attorney will explain the legal aspects of your case, outline your options, and provide guidance on potential outcomes. Unlike insurance companies, whose goal may be to minimize payouts, a personal injury lawyer will prioritize maximizing the outcome of your case to protect your rights and interests.
What If My Loved One Died in a Pedestrian Accident?
If you’ve lost a loved one in a pedestrian accident, obtaining the necessary evidence can be overwhelming and challenging to manage while dealing with grief. In such cases, a personal injury lawyer plays a crucial role in navigating the legal complexities and ensuring your rights are protected.
We handle essential tasks such as obtaining accident reports from authorities like the Gretna Police Department. Gathering evidence independently requires significant time and expertise, which can be daunting during a period of grief. Our legal team possesses the requisite knowledge, experience, and financial capabilities to build a strong and persuasive case on your behalf.
What Can I Claim in a Pedestrian Accident?
Compensation extends beyond covering medical bills and property damage. You might also qualify for additional damages such as pain and suffering, lost income, and other injury-related expenses.
Your pedestrian accident attorney will carefully analyze the evidence to determine the applicable types of compensation in your case. It’s possible to receive more compensation than anticipated. To facilitate this process, gather all invoices, receipts, and pertinent documents starting from the day of the accident. This thorough documentation will assist our team in accurately assessing your recoverable damages.
Call Morris Bart for a Free Pedestrian Accident Consultation
Without legal representation, you risk not receiving adequate compensation for your injuries from the responsible party’s insurance company. A pedestrian accident attorney will vigorously advocate for your rights.
As one of the largest personal injury law firms in the country, Morris Bart Law Firm has the expertise and resources to secure a successful outcome for your case. Our attorneys provide crucial legal counsel, guide you through the claims process, and safeguard your legal interests.
Have questions? Begin with a complimentary case evaluation today. Contact us to explore your legal options at no cost.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
