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Houma Pedestrian Accident Lawyer

Any pedestrian involved in an accident will most likely be dealing with serious injuries, and the last thing they want to worry about on top of medical issues is a potential lawsuit. These injuries can range from broken bones to head injuries to spinal cord damage. It may be critical for you to speak with a distinguished personal injury lawyer as soon as possible.

There will be many parties involved in an accident, not just both people but also insurance companies. It is important to understand what the law requires of drivers and pedestrians. By hiring a Houma pedestrian accident lawyer, you are increasing your chances of reaching an agreement that can benefit you and help you financially during this time.

Pedestrian Laws in Louisiana

Drivers are required to yield the right of way to pedestrians who are crossing the street on which the driver is already on or turning onto. However, this does not apply if the pedestrian is crossing a roadway at a tunnel or overhead and a pedestrian crossing area is provided. At the same time, pedestrians cannot suddenly leave the curb or some other safe place and onto the street without giving the driver a chance to stop. If a car stops to allow a pedestrian to cross, any car behind it cannot overtake the stopped car and pass it.

Establishing Negligence

If a person has been hit by a car or is the driver involved in a pedestrian accident, it is important to understand negligence laws. To prove negligence, their lawyer must prove that all of the elements of negligence have been met. There are four main elements of negligence:

  • A duty of care
  • A breach of that duty of care
  • Causation
  • Damages

A duty of care means that the person owed a duty of care to the injured party. Generally, people owe a duty to act as a reasonable person would act in the same situation. This duty is breached when a person fails to act like a reasonably prudent person. In this type of case, it would typically be that the driver failed to act like a reasonable driver or the pedestrian failed to act like a reasonable pedestrian.

There are two parts to causation, actual cause, and proximate cause. Actual cause means that the injury would not have happened except for the other person’s negligence. Proximate cause means that it was foreseeable that by driving or walking that way an accident would have occurred. It has to be shown that there were no unforeseeable intervening causes such as another driver or pedestrian. Damages must be shown. Proving negligence generally requires evidence of physical injuries. If there are physical injuries, Houma pedestrian accident lawyers have seen the possibility of adding other damages increase.

Speaking with an Attorney

By speaking with a lawyer, you can find out if your situation meets the requirements for negligence. You have options in deciding if you want to go to court or if you want to try another approach Your lawyer can meet with the other party and their lawyer to see if they are willing to negotiate. Otherwise, your lawyer can go directly to the insurance company and work with them to try to reach an agreement. A Houma pedestrian accident lawyer can provide you with information, options and a strategy to move forward with either litigation or negotiation.