Because they are protected by the frames of their vehicles and the various safety devices inside, motor vehicle drivers in Louisiana are expected by law to pay especially close attention to their surroundings when driving around sidewalks, crosswalks, and other places where unprotected pedestrians might be. Any driver who fails to do this and injures a pedestrian as a direct result may hold civil liability for any harm that pedestrian suffers as a result.
That said, actually holding a negligent driver liable for this type of misconduct can be harder in practice than you might expect, especially if you try to do it without a personal injury attorney’s guidance. Retaining a Lafayette pedestrian accident lawyer as early as possible in the litigation process can greatly improve your chances of building a strong claim and getting every cent of the compensation you deserve.
How Negligence Can Lead to Pedestrian Injuries
Everyone who drives on public roads in Louisiana owes a broad “duty of care” to all other people on the road with them, including pedestrians. Among other things, this duty requires drivers to always obey right-of-way laws regarding pedestrians in crosswalks, to watch out for pedestrians when turning onto streets with or without crosswalks, and to generally act reasonably and responsibly behind the wheel.
Any driver who “breaches” this duty by acting carelessly, recklessly, or unlawfully and collides with a pedestrian as a direct result of that misconduct is legally “negligent.” This means they can be held financially liable for all negative effects of any injuries that pedestrian suffers due to that accident. Injuries can vary from broken bones and soft-tissue injuries that will heal completely with proper medical care to catastrophic and permanent damage to the spinal cord, brain, or limbs. A Lafayette pedestrian accident attorney could help pursue comprehensive recovery for both short-term and long-term injuries.
Recovering Fairly Within Filing Deadlines
Both economic and non-economic forms of harm can be incorporated into a lawsuit or settlement demand built around a pedestrian collision. On the economic side of things, recovery typically centers around both past and future medical expenses relative to when the litigation process begins, but it can and often should also include short-term work income loss, long-term loss of earning capacity, personal property damage, and accident-related expenses like the costs of buying a wheelchair.
Non-economic damages may not have objective financial values, but it is still possible to recover fairly for things like physical pain, psychological distress, lost consortium, and lost overall quality of life after a pedestrian crash in Lafayette with a skilled lawyer’s help. It is important to start building a possible claim sooner rather than later after an accident, though, since Louisiana Civil Code §3492 generally allows just one year after an injury first occurs for the injured person to file suit.
Discuss Your Options With a Lafayette Pedestrian Accident Attorney
Even relatively low-speed collisions between multi-ton motor vehicles and unprotected pedestrians tend to have dire and life-altering repercussions. If you have suffered serious injuries because of a driver’s negligence, you deserve fair and prompt compensation for your losses.
A knowledgeable Lafayette pedestrian accident lawyer could be a steadfast ally from beginning to end of your legal proceedings. At Tomeny | Best Injury Lawyers, we have the experience needed to stand up to greedy insurance companies and fight for what you need. Contact us today to schedule your free consultation with a dedicated member of our team.