Louisiana ranked third in the nation for the number of pedestrians killed in motor vehicle accidents, according to the National Highway Traffic Safety Administration. A total of 181 pedestrians lost their lives in 2022, with the death rate coming in at 3.94 per 100,000 residents.
When a pedestrian accident happens, those who are at fault should be held accountable for any losses that result. Injured pedestrians or surviving loved ones of those killed in a crash can pursue a claim for compensation to get justice. The Lafayette injury attorneys at Anderson Blanda & Saltzman can help.
At Anderson Blanda & Saltzman, our firm focuses on representing injured plaintiffs and we’ve helped more than 10,000 victims recover millions in compensation. Our attorneys are members of the Multi-Million Dollar Advocates forum and have been named as SuperLawyers. We can bring our compassion and skill to your case.
To find out more about how a Lafayette pedestrian accident lawyer can help you, give us a call at (337) 233-3366. You can schedule a free consultation to learn more about our legal services and get a free evaluation of your case.
Top Causes of Pedestrian Accidents
Pedestrian accidents can happen for many reasons. Some of the top causes of collisions involving pedestrians include:
- Driving while distracted
- Driving while impaired by drugs or alcohol
- Driving recklessly
- Driving in bad weather
- Speeding
- Unsafe left turns
Pedestrians can also contribute to or cause accidents as well if they engage in behaviors such as jaywalking, wearing dark clothes while walking at night, walking on the wrong side of the road, or stepping out in front of a vehicle without warning.
Who is Responsible for Pedestrian Accidents?
Louisiana follows fault laws after any motor vehicle accident, so it is important to determine who is responsible for pedestrian accidents. That’s because the crash victim can pursue a claim for compensation from the at-fault driver to be “made whole” or paid for all economic and non-financial losses they endured due to the collision.
If a driver engages in wrongdoing, that driver can be held liable for losses. Louisiana Civil Code Article 2316 also says that “every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill.” This means a driver can be held liable for negligence too, if their carelessness results in a walker getting hurt in a crash.
It will be up to the crash victim to show the other driver was negligent by demonstrating that they broke a safety rule or failed to exercise the level of care that a hypothetical reasonable driver would have under the same circumstances. The pedestrian will also have to show that this failure or violation was the direct cause of the crash and resulting harm.
What if a Pedestrian Shares the Blame?
Sometimes, both the pedestrian and the driver of a motor vehicle share blame for an accident. When this happens, Louisiana’s pure comparative fault rules apply.
In some states, crash victims cannot pursue a claim against another driver if the victim is at least 50% or at least 51% responsible for causing the accident. In others, a victim can’t make a case at all if they share any of the blame. In Louisiana, however, the law goes to the other extreme. If another driver was even a small percentage responsible, they can be liable for part of your losses.
Louisiana Civil Code Title V, Article 2323 states that “if a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss”
This means you can always take action against the other party, but your damages will be reduced. So, if you were 99% to blame for a pedestrian accident that caused $100,000 in damages, you could theoretically recover compensation for $1,000 of your losses — or 1% of the damage that you endured.
Getting Compensation For A Pedestrian Accident
In the aftermath of a pedestrian accident, you should work with an experienced attorney to identify all potential defendants you can pursue a claim against.
You may be able to sue the other driver as well as others, including that driver’s employer if the injury happened while they were on the job. There could be others to blame as well, such as those responsible for road maintenance or the car’s designer if there was a defect that contributed to the pedestrian collision.
You’ll also need to obtain evidence to make your case, including pictures from the crash scene; police reports, eyewitness testimony, and sometimes expert testimony. A Lafayette pedestrian accident attorney can assist you in taking these steps.
In many cases, pedestrian accident claims settle outside of court with you receiving an offer of a lump sum payment in exchange for giving up future claims. However, you also have the option to go to court and fight for your rights. At Anderson Blanda & Saltzman, we have courtroom experience so are ready to help you make your case.
When your claim is successful, you should be compensated for:
- Medical bills
- Lost earning power or lost wages if you missed work or future earning power is impaired
- Pain and suffering
- Emotional distress damages
You must take action in a timely manner to be able to collect this compensation. ACT No. 423 extended the statute of limitations for auto accident claims to two years in Louisiana, but you still have limited time to make your case so don’t hesitate to act.
Our Lafayette Pedestrian Accident Attorneys Will Fight For You
A Lafayette pedestrian accident attorney at Anderson Blanda & Saltzman can advocate for you throughout your case to fight for justice. Give us a call today at (337) 233-3366 to schedule a free consultation and learn more about how we can bring our 100+ years of collective experience to the table to get you the compensation you deserve.