Hammond Pedestrian Accident Lawyer
Pedestrian accidents are relatively common in Louisiana, and often occur because of factors such as poor speed limit enforcement, high rates of impaired driving, and the prevalence of jaywalking.
Regardless of the cause, when a vehicle strikes a pedestrian, the pedestrian is likely to sustain injuries. Fortunately, an injured person could seek compensation from other parties whose negligence contributed to their accident with the help of a compassionate personal injury attorney. Speaking to a Hammond pedestrian accident lawyer soon after a collision might provide an accident victim with the crucial information they need to map out a way forward.
Proving Negligence
As a Hammond attorney could further explain, if an injured pedestrian decides to file a claim for damages, they will need to prove another party’s negligence. Proving negligence is a four-step process which requires the plaintiff to show:
- The defendant had a duty to the plaintiff
- The defendant breached that duty
- The breach caused an injury to the plaintiff
- The plaintiff suffered real losses because of the injury
Drivers must operate their vehicles safely and exercise reasonable care for other users of the roadways, so establishing that a driver has a duty to a pedestrian is a straightforward matter. The plaintiff usually has proof of their injuries, so demonstrating that prong of the negligence test is generally not difficult. The crux of a case typically involves proving that the defendant breached a duty to the plaintiff.
Establishing Breach
The circumstances surrounding the collision with the pedestrian will often show indications that the driver breached their duty. Sometimes the driver who hit the pedestrian may receive a police citation for a traffic infraction, and the violation of the law indicates a breach of duty. In the absence of a citation, the plaintiff must look for other evidence that the driver was not using reasonable care in the operation of the vehicle.
The negligent defendant is not always a driver. If mechanical failure of a vehicle or a traffic signal led to the accident, the manufacturer of the defective machinery might be liable for breaching their duty to provide safe and effective products. A municipality could be a defendant if sidewalks were impassible or crosswalk design was faulty.
A Hammond attorney could present evidence like pictures of the broken or obstructed sidewalk, or statistics showing an unusual number of pedestrian accidents at that particular intersection, to show that the municipality breached its duty to keep the roadways in a reasonably safe condition.
When a Government is a Defendant
If the conditions of the roads or the traffic signals are an issue in an accident, or if an involved driver was a municipal employee on the clock, then the city of Hammond, Tangipahoa Parish, or the State of Louisiana might be a defendant in a pedestrian accident case.
It is important to note that the law protects local governments from large damage awards by capping the amount a plaintiff can receive if the government is found liable for the plaintiff’s injuries. LSA-R.S. 13:5106 limits the total liability of political subdivisions for all damages for personal injury to any one person, including all claims and derivative claims, exclusive of property damages, medical care and related benefits and loss of earnings, and loss of future earnings to five hundred thousand dollars. A Hammond pedestrian accident attorney is familiar with the intricacies of pursuing legal action against local government entities and can provide guidance.
Bring a Hammond Pedestrian Accident Attorney onto Your Team
It could take months to recover from the serious injuries a pedestrian may suffer after being hit by a vehicle. However, if you intend to seek damages for your injuries, you do not have the luxury of waiting months to start pursuing your case.
Because of the one-year statute of limitations on personal injury lawsuits, you may need a Hammond pedestrian accident lawyer at Kopfler & Hermann to start putting your case together right away. Schedule a consultation today and learn more about your legal options.