Assumption Parish Pedestrian Accident Lawyer
Louisiana ranks as the third most dangerous state in America for pedestrians injured in traffic collisions, according to a 2017 report by the New Orleans Times-Picayune. The National Highway Safety Commission furthers reports that in 2016, 127 pedestrians were killed in roadway accidents.
If you were struck by a vehicle and injured while walking, an Assumption Parish pedestrian accident lawyer can help. A seasoned personal injury attorney with knowledge of Louisiana civil laws can work tirelessly to protect your rights and help you recover compensation for your injuries.
What Laws Govern Pedestrian Accidents in Assumption Parish?
Louisiana law LSA RS 32:212 states that pedestrians have the right of way in crosswalks. If a car or truck strikes a pedestrian in a marked crosswalk, the driver of the vehicle can be held responsible for all injuries caused to the pedestrian. Unfortunately, it is common for pedestrian accidents to result in catastrophic injuries.
However, pedestrians do not always have the right of way in Assumption Parish. They may not walk in the roadway when a sidewalk is available, cross highways except in an emergency, or cross a roadway outside of a marked crosswalk. However, if a pedestrian is injured in any of these situations, the driver of the vehicle may still be primarily responsible for the accident depending on the circumstances. For more information about pedestrian accident laws and how they apply to a specific situation, consult with an Assumption Parish pedestrian accident attorney.
Negligence in Pedestrian Accident Cases
Louisiana follows the basic law of negligence for pedestrian accident cases. This law establishes four requirements that must be proven to hold the defendant responsible for a pedestrian’s injuries. These requirements are that:
- The defendant had a duty to drive carefully and avoid accidents
- The defendant did not operate their vehicle carefully
- The defendant’s actions directly caused the accident
- The plaintiff was injured as a result of the defendant’s actions
Comparative Negligence in Pedestrian Accident Cases
Louisiana Civil Code Article 2323 allows reduction of payment to pedestrians if their actions contributed to the accident. For example, if a pedestrian runs into the street without looking, the amount of damages they may recover after any ensuing accident would be reduced by their percentage of fault for that incident. However, a pedestrian may still be entitled to payment for their injuries if the vehicle driver also was at fault.
Is There a Time Limit for Recovering Compensation After a Pedestrian Accident?
Louisiana Civil Code Article 3492 mandates that any pedestrian injured in an accident must bring their claim for injuries within one year of the actual injury. If one year and one day have passed, the plaintiff may lose their right to seek compensation for their damages from that particular accident. The statute of limitations requirement can be met by filing a lawsuit before the one-year time period expires. A dedicated Assumption Parish pedestrian accident lawyer can help an injured individual with filing a claim within the statute of limitations.
Contacting an Assumption Parish Pedestrian Accident Attorney
Experienced legal advice can help pedestrian accident victims navigate their way through the claim process. From the first meeting, an Assumption Parish pedestrian accident lawyer can advise you on what to expect in the months ahead. Your attorney can also gather evidence of the accident while it is still fresh and available.
The best outcome for a case is often contingent on involving a lawyer as soon as possible after the accident occurs. Do not spend another day dealing with your pedestrian accident case alone—call a seasoned local attorney today to schedule a consultation and start exploring your options.