Lafayette Pedestrian Accident Lawyer

When struck by a car, truck, or other vehicle, pedestrians can suffer severe and life-threatening injuries. Following traffic safety rules, such as crosswalks and sidewalks, does not guarantee that a negligent driver won’t hit them. Painful rehabilitation, medical bills, and lost wages could be the start of a long and difficult recovery.

Fortunately, the law allows pedestrians to seek monetary damages from the at-fault party. There are challenges to doing so, as it is the victim’s duty to demonstrate that the driver was legally negligent in causing the incident. For this reason, you can’t afford to face drivers, their insurers, and their lawyers without the assistance of a Lafayette pedestrian accident attorney. Let the family at Inzina Law Firm Injury Attorneys explain how we can advocate for you by seeking the damages you need.

Common Causes of Pedestrian Accidents

Common causes of pedestrian accidents include the following:

• Failure to yield: The driver generally has the duty to yield to a pedestrian who is in the process of legally crossing the street (e.g. at a crosswalk). Attempting to drive around the pedestrian or force the pedestrian to back out of the street can cause a serious accident.
• Distracted driving: Anything that takes a driver’s focus away from the road may be considered a distraction. Texting while driving is a well-known distraction. Distracted driving accounts for a large number of automobile accidents, including those that injure pedestrians.
• Running red lights: Every motorist has the duty to stop at a red light. Not only can failure to do so cause a collision with another vehicle, but a pedestrian could also be struck. Running a red light is strong evidence of negligence.
• Speeding: Another common traffic law violation that leads to car wrecks is speeding. When a driver speeds, he or she loses the ability to slow down and stop in time for a pedestrian who is lawfully crossing the street. The results can be fatal.
• Left turns: Although left turns are legal, the driver’s focus is often on vehicular traffic approaching from the opposite direction. Some drivers don’t realize that someone could be crossing the adjacent intersection as they turn.

Of course, there are other causes of these tragic accidents, and your attorney will work to investigate how and why the crash happened so a case can be built proving the at-fault party’s liability.

Who Has the Right of Way in Louisiana?

There are several different right-of-way rules that drivers and pedestrians alike need to understand. By following these simple guidelines, both parties can minimize the chances of an accident:

• General: On sidewalks and crosswalks, pedestrians have the right of way. Drivers are required by law to yield to pedestrians in these locations.
• Crosswalks: Whether crossing in a marked or unmarked crosswalk, a pedestrian has the right of way. Drivers must yield by coming to a complete stop and not continuing until the pedestrian is safely across the street.
• Traffic and pedestrian signals: Pedestrians are required to obey traffic control devices, such as pedestrian crossing signals. Drivers, meanwhile, have to yield to pedestrians in accordance with these devices.
• Intersections without traffic controls: If an intersection has no traffic control signal, drivers have a duty to yield to pedestrians who are crossing the road within a crosswalk (marked or unmarked). Drivers must also yield when the pedestrian approaches close enough from the opposite half of the roadway that he or she would be in danger of getting hit.
• School zones: Pedestrians, including children, have the right to cross in school zones and near school crossings. Drivers should yield to all pedestrians in these areas.

Types of Damages in a Pedestrian Accident Case

A pedestrian could be seriously injured if struck by a vehicle. This could possibly translate to significant legal damages. While the circumstances of every pedestrian accident are different, victims can generally seek the same types of compensation. Working with a pedestrian accident lawyer in Lafayette you can ask the court to award damages for:

• Medical bills: These may include ambulance care, hospitalization, surgery, rehabilitation, prescription medications, adaptive medical equipment, and more. Also included are reasonably estimated future medical costs the pedestrian victim is likely to incur.
• Lost wages: While the victim is recovering, he or she may not be able to earn a living. Lost wages can be claimed in these cases. If the injuries are so severe that the pedestrian’s future job prospects are negatively impacted, then he or she can also seek compensation for lost earnings capacity.
• Pain and suffering and mental anguish: These two are closely related to non-economic damages, which means their dollar value is more subjective in nature. Despite this, monetary compensation is available because pedestrian injuries are painful and often leave victims with mental trauma.
• Disability and disfigurement: A pedestrian victim is highly likely to experience long-term disability and physical disfigurement stemming from his or her injuries. The law allows him or her to seek compensation for these losses.
• Property damage: In the course of the accident, the victim may have his or her personal property damaged or destroyed. The victim can ask the judge to order the at-fault party to pay for this.
• Punitive damages: In certain cases of especially negligent or intentionally wrongful conduct, the at-fault party may be ordered to pay punitive damages. As the name suggests, these are designed to punish the offending party and discourage others from engaging in the same irresponsible behavior.

Common Pedestrian Accident Injuries

Since pedestrians lack the protection of cars and the helmets and safety gear worn by motorcyclists and bicyclists, they are the most vulnerable victims of any automobile accident. Some of the most common injuries include:

• Head injuries, including Traumatic Brain Injury (TBI)
• Neck injuries
• Spinal cord injuries
• Bone fractures
• Torn muscles, tendons, and ligaments
• Internal bleeding and organ damage
• Amputation
• Paralysis
• Decreased mobility
• Lacerations
• Wrongful death

Our Lafayette pedestrian accident attorney represents both the victims themselves and surviving family members in the unfortunate event of a death. In the latter types of cases, known as wrongful death lawsuits, the damages are similar to those available in personal injury lawsuits. If your loved one was a pedestrian who was struck and killed by a vehicle, let us help you seek justice.

Contact a Lafayette Pedestrian Accident Lawyer

No one should have to cross the street or walk down the sidewalk with the fear that a negligent driver will hit them and possibly destroy their life. If you have been in one of these incidents, you need to work with an experienced pedestrian accident lawyer in Lafayette. We can handle every aspect of your case, from filing an insurance claim to taking your case in front of a jury if necessary. Learn more or get started on your case by calling the family at Inzina Law Firm Injury Attorneys today.

Pedestrian Accident FAQs