Baton Rouge Pedestrian Accident Attorneys
Pedestrian Accident Lawsuit Representation
Pedestrians have the right to safely navigate Louisiana roadways using sidewalks, marked crosswalks, and, occasionally, the appropriate shoulders of the road. Drivers must make every effort to avoid hitting pedestrians and yield to them when required by law, but collisions can and unfortunately do happen, particularly when a motorist is not paying attention or following the rules of the road.
If you were struck by a negligent driver, our team at Chris Corzo Injury Attorneys can provide the aggressive representation you need to recover just compensation. Driven by our strong Christian values, we deeply care about our clients and are committed to helping them put money in their pockets after sustaining serious injuries in these devastating accidents. Our Baton Rouge pedestrian accident lawyers have recovered billions of dollars across thousands of cases, and we are ready to put our experience, skills, and resources to work for you. You will receive personal attention throughout our handling of your case, and we will do everything we can to put you back on top.
We are available to take your call 24/7, so do not wait to schedule a free initial consultation by calling (225) 230-3110 or contacting us online. We take these cases on a contingency basis, so you owe us nothing unless we win.
Common Causes of Pedestrian Accidents
Many pedestrian collisions involve a motorist driving recklessly or failing to pay attention to the road. Pedestrians must also be aware of the traffic around them and use infrastructure (such as sidewalks and bridges) to avoid violating traffic rules.
Pedestrian accidents are often the result of:
- Distracted driving, including texting while driving
- Drivers failing to check behind them as they back out of a parking space
- Driving while intoxicated
- Excessive speeding
- Failing to stop at a pedestrian crosswalk, stop sign, or red light
- Low visibility due to weather or other hazards
- Pedestrians crossing the road somewhere other than a marked crosswalk
- Pedestrians not using an available sidewalk
- Pedestrians walking on the wrong side of the road
- Reckless driving
Common Pedestrian Accident Injuries
The average car weighs thousands of pounds, so even a low-speed collision with a pedestrian can result in catastrophic injuries. Unlike bicyclists and motorcyclists, who also face more vulnerable conditions, pedestrians do not typically wear any type of safety equipment that can mitigate the fallout of an accident.
Pedestrian accident victims can sustain many types of serious injuries, including:
- Brain injuries
- Broken bones
- Soft tissue damage
- Spinal injuries
Who Is Liable in a Louisiana Pedestrian Accident?
Determining liability and how it affects what you can recover is extremely important. Our Baton Rouge pedestrian accident attorneys can review what happened, assess your level of fault (if any), and walk you through all available legal options.
You may assume that pedestrians always have the right-of-way, meaning drivers must always yield to them. However, unlike many states, pedestrians in Louisiana do not automatically have the right-of-way. This means a driver who collides with a pedestrian is not automatically at fault for causing the accident.
In Louisiana, pedestrians only have the right-of-way on marked crosswalks. When crossing the street using a crosswalk, drivers are required to yield to pedestrians. If a driver’s failure to yield at a crosswalk results in a collision with a pedestrian, the motorist is probably liable for the resulting injuries.
Pedestrians are also required to follow certain traffic laws, including:
- Using sidewalks whenever available
- Walking on the shoulder of the road facing oncoming traffic when a sidewalk is not available
- Yielding to vehicles when crossing a street anywhere other than a marked crosswalk
- Not entering a road and moving in front of a vehicle that does not have adequate time to stop
If a pedestrian breaks any of these rules and is consequently involved in an accident, they may be partially liable for their injuries. This does not mean that a motorist is not at fault or that an injured pedestrian cannot recover compensation.
Drivers do owe a duty of care to pedestrians, just like they owe a duty of care to other motorists. Drivers are legally obligated to make every effort to avoid pedestrians, regardless of whether they are following traffic rules or attempting to cross a street outside a marked crosswalk.
In other words, it does not matter if the driver technically has the right-of-way: The motorist must attempt to warn and/or avoid the pedestrian. For example, if a pedestrian is crossing the road anywhere other than a marked crosswalk and a vehicle is approaching, the driver of that vehicle should attempt to change lanes, honk their horn, or both. If they do not take these actions, they may be partially liable for injuries sustained by the pedestrian in a collision.
Recovering Damages in a Louisiana Pedestrian Accident Lawsuit
Injured pedestrians must take prompt action if they wish to recover compensation from negligent drivers. In Louisiana, an injured pedestrian has one year from the date of the accident to file a personal injury lawsuit. Missing this deadline will prevent an injured pedestrian from obtaining any compensation, so it is important to get legal guidance as soon as possible.
Many pedestrian accidents tragically result in fatal injuries, especially if the collision occurred at a high speed. In these scenarios, qualifying loved ones have one year from the date of the victim’s passing to bring a wrongful death claim.
Our Baton Rouge pedestrian accident lawyers will work to get you compensation for monetary and non-monetary damages, including:
- Medical expenses
- Lost wages and earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
How a Pedestrian Accident Attorney Can Help
In the aftermath of a pedestrian accident, you will need to file a claim with the negligent driver’s insurance company, which will not be looking out for you. The driver may also hire legal representation to defend them, and it is in your best interest to get your own lawyer to advocate for you and protect your interests.
An experienced attorney may be able to help you avoid a trial. Our team at Chris Corzo Injury Attorneys has a track record of securing settlements for clients without an interminable court battle. However, if there is a dispute over fault, negotiations may not produce an acceptable settlement. Should we reach an impasse, we will fight for what you are entitled to in court.
When a pedestrian is partially responsible for their injuries, they will not be able to recover the full value of their claim. That does not mean they should not consider taking legal action, as Louisiana does allow injury victims to recover some compensation even if they share some of the blame. The court will decide your level of fault by assigning a percentage of blame and reducing a final damage award by a commensurate amount.
For example, if a pedestrian was crossing the road anywhere other than a marked crosswalk but a distracted driver struck them, the court may determine the pedestrian is 30% responsible for the accident. A damage award of $100,000 would be reduced by 30%, meaning the pedestrian would get $70,000. Again, we can advise how your partial liability could affect what you recover.
Our Baton Rouge pedestrian accident attorneys understand how to approach cases involving partial liability. We will develop compelling arguments that work to maximize your recovery and put you in the best possible position.
We understand how to develop and present compelling legal arguments that work to limit your liability and place the blame where it belongs – on the negligent driver. Contact us online or call (225) 230-3110 to discuss your case with one of our legal professionals.
Rear-end: Chris’ client suffered head, neck, elbow, arm, wrist, rib, back, and leg injuries in a truck wreck in Pointe Coupee Parish.
Side-Swiped: Chris’ Chris’ client suffered head, neck, and back injuries in a car wreck in East Baton Rouge Parish.
Rear-end: Chris’ client suffered headaches, neck, back, and various soft-tissue injuries in a truck wreck in Pointe Coupee Parish.