Accidents involving pedestrians are common in Baton Rouge. If you are a pedestrian and got hit by a car, you can claim compensation for your injuries. To do this, you need to file a claim or lawsuit against the driver. Our seasoned Louisiana car accident attorneys at Pierce & Shows can help you with this process. Here’s some important information about these pedestrians accidents involving cars or motorcycles and how you can seek compensation.
How Common Are Pedestrian Accidents?
Governors Highway Safety Association (GHSA) reports that during the first half of 2023, drivers in the United States hit and killed 3,373 people. Although there was a small 4% decrease in pedestrian deaths from 2022, the number has still gone up by 14% since 2019, the last year before the pandemic. In 2022, over 7,500 people were killed while walking, the highest in forty years.
Causes of Pedestrian Accidents in Baton Rouge
Pedestrian accidents occur when a pedestrian is struck by a vehicle. These accidents can result in serious injuries or even death, as pedestrians are vulnerable to the impact of a vehicle. Here are some of the primary reasons why these accidents occur:
- Distracted Driving: This happens when drivers are not fully paying attention to the road, missing the presence of pedestrians in or near the roadway.
- Speeding: Drivers traveling too fast may not have enough time to stop or slow down, leading to collisions with pedestrians.
- Failure to Yield: Some drivers do not respect or notice pedestrians’ right of way at crosswalks and intersections, leading to accidents.
- Impaired Driving: Alcohol or drugs impair a driver’s ability to operate their vehicle safely, increasing the risk of hitting a pedestrian.
What Is My Baton Rouge Pedestrian Accident Case Worth?
Every pedestrian accident and personal injury case is unique, making it difficult to predict its value at the start and how long it takes for settlements. The worth of your case depends on several factors, such as:
- How serious your injuries are
- The cost of any property damage
- If you were partly responsible for the accident
- The limits of the relevant insurance policies
- If the driver who hit you was under the influence of drugs or alcohol, which might increase your compensation
Our skilled pedestrian accident attorneys can help you understand these factors and how they might affect what you could receive in compensation.
What Kind of Damages Are Available to Pedestrian Accident Victims in Baton Rouge?
In Louisiana, pedestrian accident victims primarily receive compensatory damages, which are intended to cover their injuries and losses. Additionally, punitive damages may also be awarded in cases involving severe misconduct, like drunk driving, though they are less common.
Compensatory damages fall into two categories: economic and non-economic damages.
1. Economic Damages in Your Pedestrian Accident Case
Economic damages compensate for financial losses resulting from the accident. This can include the following:
- Medical bills for treating injuries (both current and future)
- Vehicle repair costs
- Transportation expenses
- Property damage
- Lost wages
- Potential future earnings loss
2. Non-Economic Damages in Your Pedestrian Accident Case
Non-economic damages cover the emotional and personal losses from the accident, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disability
- Disfigurement
These damages are more challenging to quantify as they deal with subjective impacts rather than tangible costs.
An experienced personal injury lawyer can explain these types of damages further and help you understand what compensation might be available for your specific case.
Steps to Take After a Pedestrian Accident in Baton Rouge
If you’re involved in a pedestrian accident in Baton Rouge, it’s important to know the steps to take to protect yourself and your rights.
- Seek Medical Attention: Always prioritize your health. Get medical care and provide a full injury report to your doctor immediately.
- Contact the Police: Reporting the accident is crucial. The police will create an official report, which is important for your claim.
- Gather Evidence: Take pictures of the accident scene, your injuries, and any damaged belongings.
- Get Witness Statements: Collect their contact information if there were any witnesses.
- Contact an Attorney: Consult with a Baton Rouge personal injury attorney with proven results and experience in handling the same cases as yours to learn about your rights and the compensation you might be entitled to.
Following these steps can help ensure you are properly taken care of and build a strong case for compensation.
How to Prove Negligence After a Pedestrian Accident in Louisiana
To win a pedestrian accident case in Louisiana, you need to prove that the other party was negligent. Negligence means failing to act with the care and caution that a reasonable person would in similar circumstances. Here are the four elements you need to establish:
- Duty of Care: You must demonstrate that the defendant was responsible for acting safely toward you. For example, drivers are expected to drive carefully and watch for pedestrians.
- Breach of Duty: Show that the defendant failed to meet their duty of care. An example would be a driver not stopping for a pedestrian at a crosswalk.
- Causation: Prove that the defendant’s actions directly caused your injuries. This includes showing that the injury was a foreseeable result of the defendant’s actions.
- Damages: You must have suffered actual injuries or losses. You likely can’t claim negligence if there was a close call but no harm or loss.
Proving these points can help establish that the other party was negligent and responsible for your injuries.
How a Personal Injury Attorney in Baton Rouge Can Help
A personal injury attorney experienced in pedestrian accidents can help you navigate the legal process and fight for the compensation you deserve. They can negotiate with insurance companies on your behalf and represent you in court if necessary.
Contact Our Pedestrian Attorneys at Pierce & Shows Today!
If you’ve been involved in a pedestrian accident in Baton Rouge, you have options for seeking compensation for your losses. With the statute of limitations in place, it’s vital to act quickly. We understand the emotional weight these circumstances bring. That’s why we’re here at Pierce & Shows to help you every step of the way.
By understanding your rights, seeking the help of an experienced attorney, and getting the right answers for your case, you can work towards recovering the compensation you deserve.
Contact us today to schedule a free, no-pressure initial consultation.
