Baton Rouge Pedestrian Accident Attorneys

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 to Make a Pedestrian Injury Claim After an Accident

After an accident – and especially ones with as great a potential for serious and life-altering injuries as pedestrian accidents – working with experienced legal counsel can ensure that you have the support to protect your rights and pursue a claim.

But whether you have legal representation yet or not, there are some steps you can take as you look to preserve your ability to file a personal injury claim. Some of the most important include:

1. Preserve all information and documentation about your accident, including any records and insurance information from the motorist(s) involved, a police report (if one was made), and any medical bills you’ve incurred to date.
2. Keep the contact information for any witnesses who may have seen what happened, as their testimony may prove useful should you file a claim. 
3. Gather and organize all records about your accident and your injuries (i.e. medical records, insurance records, and records related to your employment), as these will be crucial pieces of evidence in any claim you choose to pursue. 
4. Don’ speak to the insurance company! You don’t have to speak to an at-fault motorist’s insurance carrier if they contact you after an accident. These companies often look for ways to deny and underpay claims and may use what you say against you. Instead, you can have an attorney handle these communications on your behalf. 
5. Seek legal counsel as soon as possible, especially if you have already been contacted by the at-fault party’s insurance company or have been asked to speak with an insurance representative. An experienced injury attorney can immediately help you communicate with insurers, gather necessary evidence for your case, and begin the process of constructing a claim for compensation on your behalf. Acting fast to retain a lawyer can also ensure you’re able to file a claim before the statute of limitations expires. 

The best thing you can do to move a potential injury claim along is to work with an experienced attorney. At Chris Corzo Injury Attorneys, we’re readily available to discuss how the Florida personal injury claim process works and how we can begin working immediately on yours. 

Evidence In a Pedestrian Accident Case

At Chris Corzo Injury Attorneys, we provide the experience and resources victims need to conduct meticulous investigations into their accidents. These investigations are critical to identifying liable parties and properly construct claims, and to gathering the evidence that supports our mission to recover the maximum compensation possible.

While every case is unique, some examples of evidence that can be important in pedestrian accident cases include:

• Footage of the accident (if available from CCTV / security cameras and nearby businesses)
• Photos of the accident scene
• A police report (if one was completed)
• Records of accidents at the same location / intersection
• Records of an at-fault motorist’s driving history (i.e. past citations, DUI convictions, etc.)
• Copies of insurance policies of all involved drivers, including any homeowners or auto insurance policies purchased by the victim that may provide coverage
• Records of any alcohol purchases or consumption prior to the accident (if DUI is known or suspected)
• The vehicle(s) involved if they are adequately preserved after the crash
• Any employment records for an at-fault driver (if they were driving in the course of their employment at the time of the crash)
• A victim’s medical records and copies of medical bills
• A victim’s work history records and documented lost income

These and other pieces of evidence can be crucially important when it comes to litigating a pedestrian accident case – both in terms of proving a defendant’s negligence and liability and in recovering the full scope of damages suffered by victims. At Chris Corzo Injury Attorneys, we leave no stone unturned when searching for evidence to support our clients’ cases and position them for the maximum recoveries possible.

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. Offices in Baton Rouge and Gonzales.