Know Your Legal Options If You're the Victim of a Pedestrian Accident in New Orleans
- When pedestrians are injured
- Damages suffered by injured pedestrians
- Legal factors that matter
- Wrongful death
- Compensation for personal injuries
Pedestrian accidents in New Orleans are usually caused by driver inattentiveness. In 2019, 122 pedestrians were killed and 1,398 others were injured in Louisiana. Almost 43% of the fatalities were alcohol-related. Nationally, there were over 6,500 pedestrian fatalities. Fortunately, pedestrian accident victims can get legal help in Louisiana. If you were on foot and injured by a negligent driver in New Orleans, it may be wise to hire an experienced pedestrian accident attorney.
When pedestrians are injured
In a perfect world, the motorists on our streets and highways would always keep a special lookout for pedestrians. The reality is that drivers don’t maintain defensive habits enough to avoid all crashes and collisions with pedestrians.
In Louisiana, over half of pedestrian fatalities occur between 6 p.m. and midnight. As any pedestrian accidents attorney in New Orleans will tell you, many drivers have unsafe driving habits. These include:
- Reckless driving, including speeding
- Driving under the influence of alcohol or drugs
- Driving while distracted, often cellphone-related
- Driving while fatigued
- Violating traffic laws
Damages suffered by injured pedestrians
The human body is no match for a moving vehicle. If you’ve been injured by the negligence of a driver as a pedestrian, you are entitled to compensation. All drivers in Louisiana are required to carry minimum liability coverage. This minimum covers up to $15,000 for bodily injury per person. The coverage applies to damages sustained when the driver is at fault.
If a pedestrian is injured by a negligent driver, the minimum mandated by law can be reached and exceeded quickly. Common damages suffered by pedestrians include:
- Medical costs
- Cost of therapy and rehabilitation
- Loss of income or the ability to continue working
- Loss of future wages and earning capacity
- Pain and suffering for physical, mental, and emotional injuries
- Scarring and disabilities
- Loss of quality of life
Legal factors that matter
It’s estimated that about 20% of drivers do not carry insurance. If an uninsured driver negligently collides with a pedestrian, how is the victim going to pay for the damages listed above? Unfortunately, the injured person may be stuck with all the costs of medical expenses and everything else that goes with the accident, such as missing work and dealing with transportation to and from doctor appointments.
This is one reason why pedestrian accidents legal help in Louisiana can be so crucial. An attorney can more clearly see what options are available for recovering fair compensation, whether it’s by filing a lawsuit against the negligent driver or through other avenues.
For example, if the at-fault driver was performing duties for an employer at the time of the collision, the employer may be held liable for the damages the pedestrian suffered. An experienced pedestrian accidents lawyer in Louisiana will know how to seek out every relevant detail that will benefit a client’s recovery, even when liability is not clear.
Louisiana allows for uninsured/underinsured insurance to cover pedestrians, but an insurance company doesn’t have to provide this coverage. If a person on foot is struck by an uninsured driver but has uninsured/underinsured coverage themselves, it’s wise to review the policy to see if you’re covered. Better yet, have a personal injury attorney review the policy. Also, Louisiana allows for two types of uninsured coverage.
There is the regular type that would cover the damages listed above. But there is also economic-only uninsured coverage that will not cover the so-called non-economic costs, like pain and suffering.
Wrongful death
Over the summer of 2020, a 68-year-old man was killed in New Orleans when crossing the Chef Highway. Unfortunately, such tragedies occur too frequently in this city. Losing a loved one to a traffic accident is devastating enough. But when it was a death caused by the negligence of another, the pain of loss is compounded by questions of why.
Nothing the at-fault driver or the law can do will bring back a loved one killed in a traffic accident. However, you can get compensation when a wrongful death occurs in Louisiana.
Those who may be able to recover damages suffered because of wrongful death include:
- The spouse and any children of the deceased
- Surviving parents if there is no spouse or children
- Siblings, if there is no spouse, children, or parents
- Grandparents, if there are no surviving siblings, spouse, children, or parents
The death of a loved one is often more than just an emotional loss. Sometimes, a victim was the main source of financial support for a family. If your loved one was killed by a negligent driver in a pedestrian accident, don’t go through the experience alone. Call a compassionate personal injury attorney to counsel and advise you of your legal remedies for just compensation.
Compensation for personal injuries
A personal injury attorney works on a contingency basis. The system works to encourage your attorney to seek maximum compensation. Furthermore, a lawyer will have experience navigating all the potential complications that could arise when dealing with insurance companies.
If you’ve been injured in a pedestrian accident, consider retaining a lawyer as soon as possible. You’ll start by meeting with an attorney who can look into your case and explain your options. At the Lavis Law Firm, we offer free consultations to prospective clients. Sometimes, the only way to remedy the consequences of a pedestrian accident is through compensation that covers medical bills, missed wages and pain and suffering. We can help you get the compensation you deserve.