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Walking through New Orleans should be safe, but accidents happen often. Whether crossing Bourbon Street or walking through the Garden District, a careless driver can change life in an instant

If you have been injured in a pedestrian accident, it is practical to contact an experienced New Orleans pedestrian accident lawyer right away. You may be entitled to compensation for your injuries.

At the Law Office of Heather C. Ford, we help injured pedestrians get through the legal process and seek the compensation they deserve. Our legal team understands Louisiana’s traffic laws and insurance policies to make sure you get the legal support you need to move forward.

Who is Liable in a New Orleans Pedestrian Accident?

Fault in a pedestrian accident can be very complicated to determine. Several parties may be liable depending on the situation:

1. Negligent Drivers

Drivers are required to drive with care and to look out for pedestrians. A driver may be held liable if driving in excess of the speed limit, driving while distracted (using an app, watching a movie, etc.), and disregarding traffic signals.

2. Third-Party Vehicle Owners

If the negligent driver at the time was driving a vehicle owned, being owned by their employer, or even being on loan, it would be covered under the owner’s insurance.

3. Government Entities

Poor traffic signals, a lack of crosswalks, or careless road construction may all amount to a pedestrian accident. This means that sometimes, the state or municipal may also be held liable.

4. Pedestrian Negligence

While the drivers are usually liable, pedestrians still must follow traffic laws. Under Louisiana’s comparative fault law, partial fault may be apportioned to a pedestrian who was jaywalking at the time or crossing the street while distracted.

A skilled New Orleans pedestrian accident attorney will assess your case and advise you on the best course of action.

Common Injuries in Pedestrian Accidents

Pedestrians happen to be among the most vulnerable road users. In most instances, low-speed impacts are capable of causing serious injuries. Some of the common kinds of pedestrian injuries are as follows:

  • Broken bones – Often affecting the arms, legs, ribs, and pelvis
  • Head injuries – Concussions and traumatic brain injuries (TBI)
  • Spinal cord injuries – Potentially leading to paralysis
  • Soft tissue injuries – Sprains, bruises, and lacerations
  • Internal injuries – Internal bleeding or organ damage

Even if you feel fine after an accident, seeking medical attention is crucial. Some injuries take time to appear, and a medical report will be essential for your personal injury claim.

Compensation for Pedestrian Accident Victims

Severe injuries, financial burdens, and emotional trauma may result from pedestrian accidents. If you were struck down by a vehicle while walking in New Orleans, you may have rights to recover for the damages you’ve experienced. Every accident is different, and the amount you might seek in damages will depend upon the particular circumstances surrounding your own case-including the severity of the injuries, specifics of the accident, and even the degree of negligence involved.

Types of Compensation Available

Victims of pedestrian accidents may recover the following types of damages:

  • Medical Bills – Covers emergency medical treatment, hospitalization, surgery, physical therapy, medication, and any future medical treatment because of your injuries.
  • Lost Wages – If your injuries are of a nature that keeps you away from work, you may be compensated for lost income. This could include potential future earnings if your injuries render you long-term disabled.
  • Pain and Suffering – Damages for the physical pain and emotional distress caused by the accident, including trauma, anxiety, PTSD, and loss of enjoyment of life.
  • Property Damage – If any of your personal belongings were damaged in the accident– anything from a phone to glasses to other valuable items, you may be reimbursed.
  • Wrongful Death – You may receive your compensation if your loved one died in a pedestrian accident. This will be explained a little bit further below.

Factors That Affect Compensation

There are plenty of elements at play in awarding the right amount to any pedestrian accident victim. Those aspects include the following:

  • Severity of Injuries – The greater the injuries, the more serious are the compensations because treatment from medical intervention can be much long-term in such cases.
  • Liability and Negligence – Determination of fault is the first and foremost thing. In Louisiana, comparative fault principles (will be tackled further later) make a state where your reward could be reduced based on partial fault for the accident.
  • Insurance Coverage – The compensation may be restricted to the policy limits of the insurance coverage of the liable driver, and underinsured/uninsured actions might be necessary in case they are under- or uninsured.
  • Daily Activities – Where your injuries will likely result in a permanent disability or long-term impairment, there may be an additional claim for loss of enjoyment of life damages and future medical expenses.

Understanding Louisiana’s Pedestrian Accident Laws

When handling a pedestrian accident claim in Louisiana, there are two legal issues you need to know about. Understanding these elements can make quite a difference in how your case is handled and the amount you receive.

These key considerations are:

Comparative Fault Law

As stated earlier, Louisiana follows a comparative fault system, which means that even if a pedestrian is partially at fault for an accident, they may still recover compensation. However, the final settlement or court award may be reduced by their percentage of fault.

Statute of Limitations

In Louisiana, pedestrian accident victims normally have two years from the time of an accident to file their personal injury claim. If you miss this, you may also lose your right to compensation.

Consulting a New Orleans pedestrian accident attorney could help secure your rights as soon as possible, especially in the event you are unsure about your legal options.

Wrongful Death Claims in Pedestrian Accidents

Unfortunately, many pedestrian accidents result in fatalities. When a loved one dies due to a careless driver, the family may be entitled to file a wrongful death claim on behalf of their loved one. Damages can include:

  • Funeral and burial expenses
  • Loss of financial support
  • Pain and suffering the victim experienced prior to their death
  • Loss of companionship

If a New Orleans pedestrian accident has resulted in the death of someone close to you, then legal advice can be very helpful to seek justice and compensation.

Get a Free Consultation Today

If you or someone you love has been injured in a New Orleans pedestrian accident, don’t wait to take action. The sooner you speak with a pedestrian accident attorney, the better your outcome is likely to be.

Let one of our attorneys at the Law Office of Heather C. Ford in New Orleans assist you as you go through the process. Don’t hesitate to take the time today to contact us for a free legal consultation. We can help you with pursuing the compensation you are entitled to.

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