Ponchatoula Pedestrian Accident Lawyer
All drivers assume a duty to operate their motor vehicles safely and responsibly. While some may presume this obligation only applies to other vehicles, the law states that drivers also must take precautions to prevent collisions with pedestrians.
A Ponchatoula pedestrian accident lawyer can help if you were hit by a motorist who was acting negligently. An experienced personal injury attorney can guide you through the claims process and pursue cases for appropriate payments.
Pedestrian Traffic Laws
Drivers must take appropriate steps to prevent injury to any pedestrians. In general, this means paying attention to their surroundings and acting appropriately to avoid collisions, especially at intersections where pedestrians are crossing the street.
According to Louisiana Revised Statute 32:212, all drivers must yield to pedestrians who are already in a crosswalk. At the same time, no pedestrian may suddenly leave a curb or in such a way as to make it impossible for a driver to stop before colliding with this person.
Additionally, LSA RS 32:211 states that pedestrians must follow the traffic control signals when crossing to avoid getting hit by oncoming motor vehicles. Because of these laws, a collision is never presumed to be a driver’s fault, and courts will evaluate the actions of both parties and assign blame accordingly. A Ponchatoula lawyer can evaluate these laws as they apply to a plaintiff’s pedestrian accident case.
Comparative Fault
In some cases, defendants may try to mitigate their liability by placing some blame on the injured party. According to Louisiana Civil Code §2323, the court may reduce a portion of a plaintiff’s compensatory award if they are partially to blame for their losses. This reduction is in proportion to the claimant’s percentage of fault. As a result, a plaintiff may receive a compensation award that is less than their total damages. A Ponchatoula lawyer can build a pedestrian accident case so that a claimant may pursue the optimal amount in damages.
Statute of Limitations on Pedestrian Accident Claims
The statute of limitations controls when a plaintiff can pursue a case in court. Under Louisiana Civil Code 3492, this time limit is only one year following the date of the accident. A failure to meet this statutory deadline may leave an injured party without the option to seek damages or take any legal action. A Ponchatoula pedestrian collision lawyer can work to ensure that a claimant meets all legal deadlines.
Get in Touch with a Ponchatoula Pedestrian Accident Attorney
Pedestrians who have suffered injuries in collisions with a motor vehicle are likely to be confused and frightened. It may take all their efforts to make their best recovery, and concerns over legal rights may fall to the wayside. Defendants and their insurance companies can take advantage of this to deny liability or to offer inadequate compensation offers.
A Ponchatoula pedestrian accident lawyer can help pursue claims that demand a fair amount in damages. Additionally, they can help you gather evidence, understand the process, and measure your losses to pursue a more effective claim. To get started on your case, call today.