Who Is Usually Responsible for Pedestrian Accidents?

It really depends on the context of the situation, but if the pedestrian isn’t crossing the street illegally it is usually the driver of the vehicle who is responsible for any pedestrian accident in Louisiana. However, the pedestrian may also be responsible if they were not exercising reasonable care and caution when crossing the street.

Can I Still Get Compensation if I Was Partially at Fault for My Injuries?

Jaywalking is a frequent offense many people in New Orleans commit on a daily basis. Crossing the street without the right of way or in a designated crosswalk is technically illegal, but it that doesn’t mean drivers have permission to hit any jaywalkers without consequence. Drivers still have a duty to take any and all means to safely avoid striking pedestrians in any scenario. Their failure to do so opens them up to liability, even if the walker shares blame. Louisiana uses a comparative fault system, which means the damages you can be awarded will be reduced by your percentage of culpability. If you’re determined to be 30 percent responsible, you’d only receive 70 percent of the damages.

What Type of Damages Can I Receive After a Pedestrian Accident?

Depending on the circumstances, you may be able to receive compensation for medical expenses, lost wages, and pain and suffering resulting from the accident. Walkers who are struck by vehicles often have severe or catastrophic injuries that can result in permanent disability. They may experience reduced earnings potential or be forced to cope with ongoing care and medical expenses. In extreme cases, families may even be forced to deal with the wrongful death of a loved one in a pedestrian accident. These claims can get extremely expensive for insurance companies, which is one of the reasons why they often aggressively defend themselves against pedestrian injury claims and litigation.

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Pedestrian Accidents

We Fight for the Compensation YOU Deserve

New Orleans Pedestrian Accident Attorney

Millions of locals and tourists traverse New Orleans by foot every year. The city’s French Quarter, Marigny, and Central Business District areas are among the most walkable in the nation. While it’s fantastic that people can enjoy the sights and sounds of the city by walking, they must also be wary of New Orleans pedestrian accidents.

According to Louisiana’s Center for Analytics & Research in Transportation (CART), there were 741 fatalities and 8,480 injuries suffered by pedestrians in Louisiana between 2014 and 2019. As the state’s most walkable city, the majority of those injuries and fatalities happened in New Orleans. If you or a loved one have been injured while walking in New Orleans, Mike Brandner Law can help you seek compensation.

New Orleans Pedestrian Accident Caused by Motor Vehicles

Carelessness and recklessness by drivers are some of the most common causes of pedestrian accidents. Car, motorcycle, and truck drivers sometimes strike pedestrians, which can cause grave injuries and even wrongful death. Reasons for accidents between pedestrians and motorists include:

Reckless driving
Speeding
Failure to yield the right of way
Driving under the influence (DUI)
Distracted driving

Pedestrian Accidents Caused by Property Owners

Pedestrians are sometimes injured because of negligent property owners. Hazardous walking conditions can be created by:

Wet surfaces
Damaged pavement
Obstructed paths
Loose carpet

Insecure handrails
Damaged floorboards
Broken stairs
Poor lighting

Property owners are responsible for maintaining safe conditions for pedestrians. If you’ve been injured due to a negligent property owner, you may be entitled to compensation.

What Should I do if I am Involved in a Pedestrian Accident?

Trade contact and insurance information with the driver. If the driver flees the scene before ascertaining whether you’re alright or exchanging information, immediately call law enforcement. After you’ve dealt with those issues the first thing you should do is seek medical attention. Your injury claim will be primarily based on the diagnosis of a doctor. You may find it difficult or impossible to successfully collect damages if you cannot prove your injuries were a direct result of the driver’s actions.

Once you have received medical care, you should also report the accident to the police and consult with an experienced personal injury attorney if you have not done so already.

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FREQUENTLY ASKED QUESTIONS

Louisiana Pedestrian Accident Frequently Asked Questions

Who Is Usually Responsible for Pedestrian Accidents?

It really depends on the context of the situation, but if the pedestrian isn’t crossing the street illegally it is usually the driver of the vehicle who is responsible for any pedestrian accident in Louisiana. However, the pedestrian may also be responsible if they were not exercising reasonable care and caution when crossing the street.
Can I Still Get Compensation if I Was Partially at Fault for My Injuries?

Jaywalking is a frequent offense many people in New Orleans commit on a daily basis. Crossing the street without the right of way or in a designated crosswalk is technically illegal, but it that doesn’t mean drivers have permission to hit any jaywalkers without consequence. Drivers still have a duty to take any and all means to safely avoid striking pedestrians in any scenario. Their failure to do so opens them up to liability, even if the walker shares blame.

Louisiana uses a comparative fault system, which means the damages you can be awarded will be reduced by your percentage of culpability. If you’re determined to be 30 percent responsible, you’d only receive 70 percent of the damages.
What Type of Damages Can I Receive After a Pedestrian Accident?

Depending on the circumstances, you may be able to receive compensation for medical expenses, lost wages, and pain and suffering resulting from the accident. Walkers who are struck by vehicles often have severe or catastrophic injuries that can result in permanent disability. They may experience reduced earnings potential or be forced to cope with ongoing care and medical expenses.

In extreme cases, families may even be forced to deal with the wrongful death of a loved one in a pedestrian accident. These claims can get extremely expensive for insurance companies, which is one of the reasons why they often aggressively defend themselves against pedestrian injury claims and litigation.

SERVING THE STATE OF LOUISIANA

Contact a New Orleans Pedestrian Accident Lawyer

If you’ve been injured while walking in New Orleans, contact Mike Brandner Law pedestrian accident lawyer team at (504) 345-1111. Our staff will listen to your situation carefully and treat you with the utmost compassion. When the time comes, we will vigorously fight for you in order to win the highest possible settlement. Remember, we do not collect fees unless we win your case, so contact us today!