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Drivers have a duty to yield to pedestrians at crossings and to drive with caution wherever foot traffic is expected. Unfortunately, pedestrians pay the price when aggressive or distracted drivers disregard their duty to safety. If you’ve been hurt, you will need the help of a skilled New Orleans pedestrian accident lawyer.
While pedestrian-vehicle collisions receive the most attention and can be the most serious, thousands of injuries occur each year without the use of a motor vehicle. Injuries or fatalities can occur as a result of poorly constructed pathways, traffic dangers, parking lot faults, and debris on sidewalks.
The legal team at Law Office of John W. Redmann, LLC holds car and truck drivers accountable for injuries to pedestrians. We can also go after any other liable party, even if a vehicle was not involved in the incident. Our founding New Orleans accident attorney has represented car pedestrian accident victims in New Orleans and southeast Louisiana for more than 20 years. Our New Orleans pedestrian accident attorneys have the experience to help you win your case and secure the compensation you deserve.
A driver should always keep an eye out for pedestrians because they are the ones who are most likely to be seriously hurt in a vehicle collision. However, just because you were in a pedestrian accident does not guarantee that you will receive the compensation you deserve.
Depending on the circumstances, insurance adjusters may even dismiss your claim outright. You compare the fault of the car or truck’s driver with whatever fault you may have. Normally, you cannot be compensated for your own wrongdoing. Due to the complexities and differences in each case, it is beneficial to have a knowledgeable attorney on your side. A pedestrian attorney can help in many ways, including:
A personal injury attorney can also conduct discovery and due diligence to procure all evidence in the case and get you the justice and compensation you deserve.
Those who have been hurt in a pedestrian accident should inform the police right away and remain at the scene until authorities and emergency medical personnel arrive. Due to the fact that the other parties involved in the incident have an interest to shift blame away from them, it is critical to precisely document the occurrence as soon as feasible.
Once you have insured your safety and medical health, it is in your best interest to contact a pedestrian accident attorney. A pedestrian accident attorney may be able to assist in the identification of prospective sources of recoverable damages and obtaining evidence, such as medical records and deposition testimony, for use in negotiations or at trial. A pedestrian accident attorney may be able to negotiate a monetary settlement with the at-fault party or draft and file a civil case against them.
While the driver is protected, pedestrians commonly suffer severe or permanent injuries, including broken bones, head trauma and spinal injuries. The medical bills and lost wages mount up, and the road to recovery can be long, hard and uncertain. These problems are compounded when drivers are uninsured or underinsured, or when a panicked or cold-hearted driver speeds off after a pedestrian hit-and-run.
Our New Orleans pedestrian accident attorney promptly investigates and aggressively pursues compensation for the physical, financial and personal impact. The experienced New Orleans personal injury lawyers at the Law Office of John W. Redmann, LLC have handled every type of pedestrian accident, including adults and children hit by cars:
There may be disagreement about who was at fault. The driver may say the victim jaywalked, crossed against the light or “darted out” into the road. Our New Orleans pedestrian accident attorneys focus our investigation on the driver’s careless or reckless operation. Was he or she speeding or distracted by a cellphone? Was there a failure to yield when turning or to look when backing up? We visit the scene to take photos, talk to witnesses and sometimes hire accident reconstruction experts to establish liability.
Just as importantly, we work with clients, family members, doctors and other professionals to understand the extent of the injury, ongoing medical needs and other long-term impact. We assemble a strong case for damages for future medical care, lost earnings, permanent impairment, and pain and suffering.
According to Louisiana law, drivers must yield to pedestrians. This is one of the most fundamental principles in the process of obtaining a driver’s license. However, many people fail to do so, resulting in accidents on a daily basis. Pedestrian accidents can happen for a variety of reasons, including:
There are many more causes to why pedestrian accidents occur, but these are the top reported reasons in New Orleans.
When a motorist hits a pedestrian, it is common for the driver to blame the pedestrian. Pedestrians, on the other hand, frequently have the right of way in accidents, and provided the pedestrian follows the laws, he or she is allowed to claim compensation for the losses incurred.
In general, when operating a motor vehicle, drivers have a duty of care to operate properly under the circumstances. A claim of negligence may be supported by a failure to exercise reasonable care.
Failure to follow posted speed limits, texting while driving, failing to surrender right of way, failing to consider weather conditions, and failing to properly signal or obey traffic lights are all examples of negligence. In some circumstances, proving that the driver was inebriated at the time of the accident establishes negligence.
In a civil action, the elements of negligence include duty, breach, causation, and damages. As a result, the aggrieved party must show that the defendant:
In a pedestrian accident, the defendant’s responsibility may have been limited to driving safely. Following a traffic accident, it is not uncommon for numerous people to be held accountable for the injured party. The driver of the vehicle, other drivers on the road, and those responsible for creating or maintaining the road, sidewalk, or other relevant infrastructure may all be held liable, depending on the specifics of the case.
Drivers must remain focused on the task at hand in order to avoid pedestrian accidents. However, the truth is that drivers will frequently engage in hazardous or careless behavior that puts pedestrians in danger. Red light runners and drivers that make quick turns at junctions without signaling are common occurrences.
Pedestrians frequently presume that they have the right-of-way in these scenarios. Many pedestrian accidents are caused by cars who fail to follow some of the most basic laws of the road, such as stopping at red lights and indicating turns.
The number one way for motorists and pedestrian to avoid an accident is to stay alert and follow all traffic laws and regulations. Accidents can be significantly reduced by simply obeying the rules of the road.
The statute of limitations for personal injury claims in Louisiana is one year from the date of the accident, according to Civil Code 3492. This includes all claims involving pedestrian accidents.
We understand that this is a traumatic experience, and you need time to recover, however, due to the limitations it is important to move quickly. Hiring an experienced attorney to handle your claim and file in a timely manner will allow you to focus on your injuries.
Like most legal statutes and laws, there are exceptions to the time limitations, those include:
There can be other outstanding issues in your case that may be cause for an extending time to file, however, it is not likely your case will fall within an exemption. It is always best practice to file in a timely manner.
Injured pedestrians who can prove a driver’s legal liability in causing an accident may be entitled to compensation to put them back in the position they would have been in if the accident had not happened.
This compensation covers not only the bodily repercussions of an accident, but also the mental distress caused by the collision. A reduced quality of life is a component of a damages claim; victims may present evidence showing they are unable to engage in the activities they enjoyed prior to the accident. These damages are called non-economic damages and typically include:
Pedestrian accident victims are entitled to compensation for past and future medical expenses incurred as a result of the collision. Medical expenses that a victim can recover in a lawsuit include, but are not limited to:
It may be essential to present medical testimony demonstrating the necessity for future medical treatment and the projected costs in order to recover damages for future medical care. A personal injury claim can also be used to collect costs such as necessary house improvements if disabled and continuous physical rehabilitation.
In the latest reporting year, according to the Louisiana Highway Safety Commission
Nearly half of the fatalities that occurred were due to alcohol consumption.
Furthermore, published in the Louisiana Traffic Records Data Report, the city of New Orleans accounted for over 1/4 of all pedestrian injuries within the state and nearly 10% of all fatalities. New Orleans has the highest foot traffic of any other city in Louisiana, so it is not shocking that they also have the highest number of pedestrian accidents.
Even though these number are still high, it is the first time Louisiana has reported a decrease in pedestrian accidents since 2006. Safety is always key, but accidents can still occur.
Everyone on the road must remember to share the road with cyclists and pedestrians. Additionally, everyone must remember to be responsible road users, which includes adhering to Louisiana laws, wearing reflective clothing when walking and biking, wearing required safety belts and other safety gear, never driving, walking, or biking while impaired, and always being alert (no distracted driving, biking, or walking when crossing a roadway.
A pedestrian who is hurt in an incident that does not include car accidents may be eligible to recover under a premises liability basis. In most states, including Louisiana, the entity who owns or controls the property has a responsibility to keep it safe for pedestrians and/or to notify them of harmful situations. A breach of that duty may give rise to a cause of action if it causes harm.
In such a situation, the plaintiff may be required to show that there was a dangerous condition on the premises, that the risk to pedestrians was not clear, and that the property owner was aware of the dangerous state.
When customers of the business use the public pathways primarily or nearly exclusively, liability is inevitable. Municipal or state governments may be held accountable for injuries sustained on public sidewalks in some situations, but their responsibility is frequently limited by statute. In such circumstances, strict notification and timing deadlines may apply.
In these instances, the injured party will have to establish that the business or person knew about the hazard by proving that the owner created it, was aware of it but did nothing about it, or should have been aware of the threat based on the length of time it was present or its obviousness.
We make it our purpose at the Law Office of John W. Redmann, L.L.C. to empower our clients and assist them in obtaining a fair outcome through the legal system. Our law firm and pedestrian accident lawyers in New Orleans have helped clients all around Louisiana identify culpable parties and their insurers, while holding them accountable in personal injury cases, which result in them paying monetary damages to our clients for the injuries they have sustained.
If you or a loved one has been harmed as a result of a motorist’s negligence or wrongdoing, you may be facing mounting medical expenses. You may have missed work and lost money as a result of the vehicle accident, or you may be in excruciating pain.
You are likely entitled to compensation for your injuries. An experienced New Orleans pedestrian attorney can go over all legal options available to you if you have been involved in an accident. Let the attorneys at Redmann Law handle your case. We have been fighting for the rights of people like you for over 20 years.
For a free consultation with a New Orleans pedestrian accident lawyer, contact us online or call (504) 500-5000.