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Thibodaux Pedestrian Accident Lawyer

Crossing the street could be a dangerous endeavor. Accelerating vehicles, inattentive drivers, weather conditions, and even unmarked roads might lead to a pedestrian accident, which in turn could result in significant damage and injuries to anyone affected.

If you were struck by a vehicle while crossing the street and suffered personal injury as a result, you may need the services of a Thibodaux pedestrian accident lawyer. A dedicated personal injury attorney can assist you in bringing a claim against the at-fault driver to hold them culpable for your damages.

When to File a Claim

From the moment an individual is involved in a pedestrian accident, they have a limited amount of time to file any ensuing civil claim. Such a claim would generally be considered one for negligence against the at-fault driver, centered around the negligent operation of their motor vehicle.

According to Louisiana Civil Code §3492, claims for negligence may only be considered if filed within one year from the date of the loss. It may be important to file a timely claim within the period set by this statute of limitations since failure to do so could result in the claim being time-barred. If this occurs, no recovery may be possible.

Demands for Payment Do Not Constitute a Timely Claim Filing

After a pedestrian accident, a representative from the responsible driver’s insurance company may contact the injured party. However, talking to that representative and placing a claim for damages from that company may not be enough to protect a claim under the law.

To comply with the statute of limitations, a pleading must be filed in a Louisiana court in the appropriate venue and jurisdiction. Speaking with either the insurance carrier for the at-fault vehicle or the operator of the vehicle does not meet this requirement. Questions about whether a complaint was properly filed for a particular case can be answered by a knowledgeable Thibodaux pedestrian accident lawyer.

Recovering Despite Comparative Negligence

If a pedestrian suffered an injury in an accident but also partially contributed to the occurrence of that accident, they may still be able to recover for their damages. Pursuant to Louisiana Civil Code §2323, if more than one party could be found at fault for the accident, the amount of damages the injured party could receive would be reduced in proportion to the degree to which they caused their own injury.

A skilled attorney can have the resources to conduct a thorough investigation of an accident and provide advice on the best possible outcome under Louisiana’s comparative fault standard.

Call a Thibodaux Pedestrian Accident Attorney

If you have suffered an injury in a pedestrian accident, you may need help from legal counsel to effectively pursue any damages you could be entitled to. Retaining a Thibodaux pedestrian accident lawyer could ensure your claim is filed in a timely fashion, pursued in accordance with state law, and protected in the event you are found to have partially contributed to the accident. Even if you are unsure as to whether you may have been at fault, call today to discuss your pedestrian accident case and your potential legal options.