Pedestrian Accidents Attorneys in New Orleans, Louisiana

The negligence or recklessness of motorists can expose pedestrians to the risks of accidents and injuries. Unfortunately, due to the lack of protection, accidents between motorists and pedestrians are often devastating. In fact, it may leave the pedestrian with minor or severe injuries, incapacitation, or sometimes death. If you or a loved one were hurt in a pedestrian accident caused by a negligent party, you may be eligible to seek damages by filing an injury claim or lawsuit. 

With over 70 years of combined experience, the attorneys at the firm have devoted their careers to protecting the best interests of pedestrian accident victims and their families. As skilled Louisiana personal injury attorneys, they can review your situation and inform you about your available options to seek compensation. In addition, Attorney Jeanne Andry Landry and her team will fight diligently for your rights and help you seek your rightful financial justice. 

Arthur W. Landry and Jeanne Andry Landry, Attorneys at Law, LLC, proudly represent clients across New Orleans, Louisiana, and the surrounding areas of Metairie, Mandeville, Slidell, and Chalmette. 

Louisiana's Pedestrian Right of Way

Unlike many other states, pedestrians in Louisiana don't always have the right-of-way when sharing the road with other motorists. Nonetheless, pedestrians have the right-of-way at marked crosswalks. 

Responsibilities of Pedestrians and Drivers

Here are some responsibilities of pedestrians and drivers in the state of Louisiana: 

Pedestrians

• Pedestrians must obey all traffic control signs and signals. 

• Pedestrians must walk along the sidewalk if it is available. 

• Pedestrians shall not cross at any place except in a marked crosswalk. 

• Pedestrians must not cross an interstate highway except during emergency situations. 

• Pedestrians must yield right-of-way to all motor vehicles when crossing the roadway outside of a crosswalk. 

• Pedestrians must not leave the curb or safe place and jump into the path of an oncoming vehicle. 

Drivers

• Drivers must take every necessary precaution to avoid hitting pedestrians, even if the pedestrian is violating the law. 

• Drivers must look for and take precautions to avoid hitting children, intoxicated or confused people, and the mentally disabled. 

• Drivers must completely stop the vehicle to allow pedestrians to cross when at a crosswalk. 

• Drivers must drive in a safe manner to avoid accidents. 

In the event that a driver's failure to exercise due care or negligent actions causes a pedestrian accident, they will be held liable for any injury, damages, or losses suffered by the pedestrian. 

Fault Determination

Louisiana is an "at-fault" state for personal injury and pedestrian accidents. Under the state's fault rule, the driver who caused the pedestrian accident (the at-fault party) will be held financially responsible for medical costs, property damages, and other accident-related expenses suffered by the victim. 

Statute of Limitations 

Also, the statute of limitations for pedestrian accident cases in Louisiana is one (1) year from the date of the incident. This means that the victim or plaintiff must commence a civil action to pursue financial compensation within one year of the pedestrian accident or injury. 

Comparative Negligence in Louisiana 

Louisiana follows the pure comparative fault principle. According to the system, a pedestrian accident victim may be eligible to pursue damages even if their actions contributed to the accident or injury. However, the amount of compensation you may recover will be reduced by your fault percentage. Under Louisiana's pure comparative fault rule, even if you were up to 99% liable for the incident, you can still seek financial compensation. 

If You're the Victim of the Pedestrian Accident 

To seek damages if you were the victim of a pedestrian accident, you can: 

• File a first-party injury claim with their own insurer. 

• File a third-party claim with the insurer of the at-fault driver. 

• File a personal injury lawsuit against the at-fault driver in civil court. 

If You're Representing a Deceased Loved One

If the victim died after the pedestrian accident or resulting injuries, their surviving loved ones may be eligible to pursue wrongful death benefits. The following individuals can bring a wrongful death claim in Louisiana: 

• The decedent's surviving spouse and child or children. 

• The decedent's surviving parents. 

• The decedent's surviving siblings. 

• The decedent's surviving grandparents. 

An experienced Louisiana pedestrian accident attorney can fight compassionately for your rights and help you seek deserved compensation to cover your medical expenses, pain and suffering, lost income, future medical treatments, wrongful death damages, and other available damages. 

Work With Experienced Personal Injury Attorneys 

Getting hurt in a pedestrian accident can be difficult and overwhelming. Such an unfortunate accident can affect your financial, emotional, and physical health. However, you should never have to suffer the pain all alone. If you or a family member were involved in a pedestrian accident, you need to act quickly and hire an experienced personal injury attorney to protect your rights. 

The attorneys at the firm are poised and ready to support, guide, and represent clients in their personal injury and pedestrian accident cases. With their in-depth knowledge, they can walk you through the legal procedures involved in filing injury claims and seeking damages. Also, they will keep your best interests in mind and help you pursue the maximum available financial compensation for your injuries, damages, or losses.