All it takes is another distracted driver or a pedestrian breaking the traffic rules to entirely alter the course of your life. Depending on the accident circumstances, you may be a victim living with pain — or you could be dealing with the courts because a pedestrian is trying to sue you.
In New Orleans, pedestrian accidents are all too common. Louisiana went from the fifth-worst state for pedestrian accidents in 2014 to the fourth-worst state for pedestrian accidents in the country.
So even if you do what you can to take care of your driving, you could still be in harm’s way. And if you’re a pedestrian, watch out. There are legal and medical steps you need to take to protect your life for either party — and it starts with a capable New Orleans auto accident attorney.
The other unspoken rule at play in a pedestrian accident is right of way. The duty to care means yielding to pedestrians where possible, especially to avoid an accident and personal injury. That’s true even if the pedestrian is technically the one who triggered the sequence of events leading to an accident.
Even though the driver of a motor vehicle is usually (and mostly) at fault, Louisiana has laws designed to protect both parties and determine, fairly, who is truly at fault. If you get into an accident on the streets of New Orleans, it might be for one or more of these common reasons:
Data collected by the National Highway Traffic Safety Administration shows that external factors like where a pedestrian is located when the accident occurs or what time they’re walking around New Orleans really matters.
The greatest number of injuries occur due to nighttime conditions and on roadways other than at intersections. However, intersection accidents are the second-most common reason for pedestrian injuries due to an accident.
That’s why the state of Louisiana uses comparative negligence law, or CC 2323. Here’s how it works.
Any pedestrian accident has contributing factors that are part of external issues we can’t control. This could be an animal darting out and causing a car to swerve dangerously or the driver being part of a larger accident due to another vehicle’s actions.
So it’s up to the courts to decide — and pedestrian accident lawyers to prove — how much of the accident a driver and a pedestrian can take responsibility for.
With comparative negligence, a driver could be 50% responsible for the cause of an accident. Still, a pedestrian could be held responsible for the other 50% of the accident because of their own actions.
As experienced New Orleans pedestrian accident lawyers, we can tell you that there’s plenty that pedestrians can do to change the outcome of a dangerous situation. The City of Baton Rouge has specific pedestrian safety requirements that help avoid a case of injuries, including:
Attorneys that have to prove pedestrian liability must focus on these areas of potential negligence to show how a pedestrian’s actions contributed to the case or the injuries that both parties may experience.
To prove pedestrian liability, the law firm you hire will need to consult some of the following resources. If you’re a pedestrian involved in an accident, or you’re a driver that needs help to prove it wasn’t all your fault, try and access these resources for evidence:
High-quality and expert legal representation can help you sort through these details, gain access to valuable evidence, and even reduce the amount of compensation you need to pay — or help pedestrians seek the compensation they’re owed.
Call the attorneys at Schwartz Law Firm in Baton Rouge and Metairie for a consultation today.
If you’re a driver who has hit a pedestrian, you’ll need to stay on the scene until the police arrive. After this point, you should seek medical attention yourself and make sure that the other injured party is also attended to.
Victims of a personal injury such as a traumatic brain injury or a spinal cord injury will tell you that, besides seeking immediate medical attention, the first thing they had to do was get legal representation.
Even drivers can be victims of injuries sustained in these accidents. Your next course of action is to call us at Schwartz Law firm for a 30-minute consultation about your case.
Whether you’re the injured party or a loved one was affected because of an unfortunate incident, you deserve the right course of justice. In either situation, you’ll need to find a capable car and truck accident lawyer in Metairie and Baton Rouge to fight for your case and protect you. The legal team at Schwartz Law Firm is available 24/7 to serve and see you through this difficult time.
With over two decades of experience litigating personal injury issues in Baton Rouge and Metairie, we know how to gain the compensation you deserve. Our attorney-client relationship focuses on giving you the facts in a clear, honest, and compassionate manner from start to finish. Get Schwartz Law Firm fighting for your rights on your case today.
Contact Schwartz Law Firm for a free consultation and case evaluation to get started right away.
Consultation and Case Evaluation