Collisions between motor vehicles and pedestrians invariably result in severe injuries to pedestrians and comparatively minor damage to the occupants of vehicles. While you may think that pedestrians can easily file a lawsuit, pursing legal action against a driver who hit and injured you is rarely a straightforward process. Numerous legal and procedural hurdles could impede you from receiving the compensation you deserve. Ensure you are adequately prepared for your upcoming legal proceedings with a free consultation with Tomeny | Best today.
A knowledgeable personal injury attorney’s help could be vital to maximizing the compensation you receive for your damages. Whether you have suffered life-altering trauma or need help covering short-term expenses, a Prairieville pedestrian accident lawyer could guide you through upcoming complex legal proceedings. You do not have to go through this process alone. Reach out to Tomeny | Best today.
Are Drivers Always at Fault In Pedestrian Collisions?
Given the heightened risk pedestrians face compared to occupants of vehicles, it is often thought that a driver who hits a pedestrian is always liable for injuries. While statistically, most motor vehicle drivers are at fault for collisions, courts do not always favor pedestrians. Often, courts rule that the defendant is not responsible for the crash, and the plaintiff does not collect fair reparations.
To receive compensation, an injured victim typically must establish negligence on the part(s) of the person or people they sue. This means the plaintiff demonstrates that the defendant(s) owed them a duty of care and that the accident constitutes a breach of that duty. Then, the plaintiff must demonstrate that the crash was the primary and direct cause of their injuries.
Comparative Fault
Sometimes, the driver is not the only party at fault. There are cases where the pedestrian is also deemed negligent, contributing to their injuries. For instance, if the plaintiff stepped into a crosswalk without a signal or were distracted by their phone while walking, they may be considered partially at fault. As a Prairieville pedestrian injury attorney could further explain, any degree of comparative fault assigned to an injured plaintiff may be held against that plaintiff as a proportional reduction from their final damage award, per Louisiana Civil Code § 2323.
Filing Suit Within Applicable Deadlines
Under Louisiana Civil Code § 3492, anyone injured because of another person’s negligence generally has one year after initially sustaining harm to file suit against the negligent party.
One year is an uncommonly strict filing deadline compared to the statute of limitations established in other states. Only those who file within this timeframe can receive compensation for the injury in question. Contacting a pedestrian injury lawyer in Prairieville sooner rather than later could protect an injured pedestrian’s legal rights.
Talk to a Prairieville Pedestrian Accident Attorney Today
In the aftermath of a car crash involving a pedestrian, the harm is often catastrophic, particularly at higher speeds or in inclement weather. Regardless of how the wreck occurred, you deserve to be compensated fairly for any damages you have sustained due to someone else’s careless or reckless driving.
Assistance is available from a Prairieville pedestrian accident lawyer with years of experience fighting on behalf of people just like you. Call today to learn more about how we could help you during a free consultation.
