Walking near traffic should not come with the risk of serious injury, but unfortunately, careless and reckless drivers often put pedestrians in harm’s way. Even when you are following the law and staying alert, a driver’s poor decisions can lead to devastating consequences.
If you were struck by a vehicle while walking, you may be entitled to compensation for your medical expenses, pain and suffering, lost income, and more. Louisiana law protects pedestrians and holds drivers accountable when their actions cause harm.
At Tomeny | Best Injury Lawyers, our dedicated Ponchatoula pedestrian accident lawyers understand what is at stake. We can investigate your case, handle negotiations with insurance companies, and fight to recover the compensation you deserve so you can focus on healing.
Statute of Limitations in Pedestrian Accident Cases
One of the first things your lawyer will likely discuss with you is when the accident occurred. This is because there is a time limit for filing a personal injury case after a crash. Louisiana used to only provide a one-year window to file these types of claims but has now extended the statute of limitations for an accident case to two years.
Despite the lengthy time frame for filing a case, discussing it with a pedestrian accident attorney as soon as possible following your collision in Ponchatoula is critical. Otherwise, you risk missing the filing deadline and your case being time-barred. Your lawyer could ensure your case is filed on time, improving your chances of recovering damages.
Proving Fault in Pedestrian Accidents
If you have been hit by a car while walking, the first legal step is proving that the driver was at fault. This involves showing that the driver breached their duty of care—a legal obligation to operate their vehicle responsibly and follow traffic laws that are designed to protect everyone on the road, including pedestrians.
Just because a pedestrian was hit does not automatically mean the driver is liable. Courts require evidence that the driver acted negligently, recklessly, or intentionally in a way that led to the crash. Your attorney’s job is to uncover and present that evidence clearly and convincingly.
At Tomeny | Best Injury Lawyers, our Ponchatoula pedestrian accident attorneys know how to investigate these claims, gather crucial proof, and build a strong case showing that the driver’s actions directly caused your injuries.
Determining Damages in Pedestrian Accidents
Louisiana follows a pure comparative fault system. This means you can still recover compensation even if you were partially at fault for the accident. However, your total compensation will be reduced by your percentage of fault.
For example, if a court finds that the driver was 90% at fault and you were 10% at fault, your compensation would be reduced by 10%. So, a $100,000 award would become $90,000. This approach ensures fair outcomes and allows injured pedestrians to still pursue the support they need, even if their own actions played a minor role.
Our Ponchatoula attorneys can assess the facts of your pedestrian accident case and work to minimize any fault assigned to you so that you can pursue the maximum compensation possible.
Get Help From a Ponchatoula Pedestrian Accident Attorney
Being involved in a pedestrian accident is overwhelming physically, emotionally, and financially. You might be juggling medical treatments, missing work, and managing everyday responsibilities, all while trying to heal. You do not have to handle this alone.
At Tomeny | Best Injury Lawyers, we are committed to supporting injured pedestrians through every step of the legal process. When you work with a trusted Ponchatoula pedestrian accident lawyer, we will handle the legal side of things so you can focus on your recovery and peace of mind.
Call us today to schedule your free consultation and learn how we can help you pursue justice and fair compensation.
