Getting hit by a car as a pedestrian is a life-altering event. Along with physical injuries, there’s the burden of medical bills, lost wages, and emotional distress.
Challenges following a pedestrian accident in Baton Rouge can feel overwhelming, and it’s important to know you don’t have to face them alone. Choosing the right attorney in Baton Rouge can make a significant difference in your recovery journey.
At Pierce & Shows, our dedicated team of accident attorneys brings experience and a client-centered approach to every case. This blog will discuss what you should consider when hiring a pedestrian accident lawyer and how we can support you.
What Are Your Options After a Louisiana Pedestrian Accident?
If you’ve been injured in a pedestrian accident, there are several avenues to pursue compensation:
1. File a claim with the driver’s insurance
This is usually the initial step. You’ll need to establish that the driver was at fault and document your injuries and losses. An attorney can help gather evidence, navigate insurance company protocols, and negotiate a fair settlement on your behalf.
2. File a claim under your own auto insurance
In Louisiana, if you have auto insurance, you may have Personal Injury Protection (PIP) coverage that could assist with medical expenses and lost wages, regardless of who was at fault. An attorney can help you understand how PIP applies to your case and ensure you receive all the benefits you’re entitled to.
3. File a lawsuit
If the insurance provider doesn’t offer a fair settlement, filing a lawsuit may be necessary. Here’s where an attorney plays a crucial role in negotiating and, if necessary, taking your case to court. A dedicated attorney can build a strong case for trial, ensuring you have the best possible chance for a favorable outcome.
According to Louisiana Civil Code Article 3492, personal injury claims, including pedestrian accident cases, have a statute of limitations of one year from the date of the accident. Acting swiftly is crucial, and having a skilled attorney by your side ensures your rights are protected every step of the way.
How PIP Coverage in Baton Rouge Can Help
Personal Injury Protection (PIP) coverage is a type of auto insurance that can be especially helpful after a pedestrian accident. Here’s how it can work in your favor:
- Covers costs regardless of fault: PIP coverage can help pay for medical bills and lost wages, even if you share some responsibility for the accident. An attorney can advise you on the full extent of PIP benefits and help you maximize this coverage.
- Provides faster relief: PIP is designed to offer prompt financial support without lengthy investigations. With an attorney guiding you, the process can proceed smoothly, ensuring faster access to the funds you need to recover.
- Has coverage limits: While helpful, PIP coverage may not fully cover your expenses, especially if injuries are severe. An attorney can evaluate your case and determine whether additional claims or lawsuits are warranted to fully address your financial needs.
When insurance benefits are limited, a skilled pedestrian accident attorney can step in to help you pursue additional avenues for compensation.
What Damages Can You Recover After a Pedestrian Accident?
If you’ve been injured as a pedestrian in Baton Rouge, you may be eligible to recover damages under Louisiana Civil Code Article 2324.1, such as:
- Medical Expenses: This includes past, present, and anticipated medical bills linked to the accident. Personal injury attorneys can work with medical providers to document your injuries and project future costs, building a case that fully reflects your medical needs.
- Lost Wages: Compensation for the income you lost due to time away from work. An attorney can help calculate and substantiate your lost earnings, including potential future income losses if your injuries have long-term effects.
- Pain and Suffering: Damages to account for the physical and emotional impact of the accident. Attorneys have experience in calculating these non-economic damages, ensuring you’re compensated for the intangible effects on your quality of life.
- Property Damage: Reimbursement if any of your belongings were damaged in the incident. An attorney can include property damage claims as part of your overall compensation package.
Each of these damages requires careful documentation, often with the assistance of a personal injury attorney, practicing specifically in pedestrian accidents, to ensure your claim fully reflects the impact of the accident.
Is the Pedestrian Ever at Fault for an Accident in Baton Rouge?
While Louisiana law generally places a high duty of care on drivers to avoid harming pedestrians, there are situations where a pedestrian might be partially or fully responsible. For example, you might share fault if you:
- Jaywalk or cross outside a designated crosswalk
- Ignore traffic signals when crossing the street
- Walk into the roadway while intoxicated
Louisiana follows a comparative fault system (La. Civ. Code §2323), meaning if you’re partially at fault, your compensation may be reduced proportionally.
A pedestrian accident attorney can help determine the degree of fault in your case, if any, and negotiate with insurance companies to secure a fair settlement, even if you bear some responsibility. If you find yourself partially at fault, it’s critical to have an attorney who can advocate for your fair share of compensation.
Tips to Staying Safe on Baton Rouge Streets
Preventing accidents is key to pedestrian safety. Here are some practical steps to stay safer when walking in Baton Rouge:
- Use crosswalks and follow traffic signals.
- Make eye contact with drivers before stepping into the street.
- Avoid distractions like your phone.
- Wear bright or reflective clothing if walking at night.
- Exercise caution in poor weather conditions.
While taking these precautions can lower the risk, accidents can still happen. When they do, an attorney can provide crucial support by holding responsible parties accountable and helping you navigate the legal process to seek fair compensation.
Contact Our Baton Rouge Pedestrian Accident Lawyer at Pierce & Shows Today
Navigating the aftermath of a pedestrian accident can be complex, but a qualified attorney can clarify your rights, gather evidence, negotiate with insurance companies, and help you pursue the compensation you deserve.
At Pierce & Shows, we have a history of helping Baton Rouge residents who’ve been injured in pedestrian accidents. We are familiar with Louisiana’s traffic laws and know how to handle insurance negotiations and litigation if needed.
Contact us at 225-388-9574 to discuss your legal options and begin your path to recovery.
