As in so many places in the United States, sidewalks are not easy to find in most parts of Louisiana. If you want to go for a scenic drive past the bayous, the possibilities are almost limitless, but if your goal is to walk from point A to point B, the layout of Louisiana does not make it especially easy for you. Sure, tourists can walk from Café du Monde to the House of Blues in the French Quarter without being far from a sidewalk, and some of the wealthiest areas of Uptown New Orleans have paved walkways, but almost everyone else is out of luck. All of this puts pedestrians in Louisiana at an elevated risk of getting hit by a car. Whether you are crossing I-10 or a dirt road out in the country, the chances of sustaining a serious injury if you get hit by a car are considerable. If you got injured because a car hit you while you were walking, contact a Houma car accident lawyer.
What are the Legal Rights of a Pedestrian Injured After Being Struck by a Car?
If you get injured as the result of a driver’s mistake, you have the right to file an insurance claim with the at-fault driver’s insurance company or to file a personal injury lawsuit against the driver or any other parties legally responsible for the accident. If you prevail in your claim or lawsuit, you can receive a settlement that covers your accident-related medical bills and other financial losses arising from your accident-related injuries. If your injuries are so severe that your medical bills exceed the policyholder’s policy limit, a lawsuit may be a better option; in car accident lawsuits, you can also request compensation for lost income if you can no longer do your pre-accident job because of your injuries. In either case, you must prove that your injuries are the direct result of the collision and that the insurance policyholder or the defendant in the lawsuit is responsible for the accident.
Determining Fault for a Pedestrian Accident
Louisiana, like most states, is a comparative negligence state. This means that insurance companies and courts do not look at fault for accidents in terms of all or nothing. It is possible for two or more parties to bear different percentages of fault for an accident. It goes without saying that drivers have a responsibility to be careful enough to avoid hitting pedestrians. It is possible for the insurance company to assign some of the fault to you, the pedestrian. For example, if there was a crosswalk or intersection nearby, but you instead crossed at a place where it was not easy for cars to stop, this could lead to the insurance company assigning some of the faults to you, and therefore reducing the settlement amount it offers to you.
Contact the Law Office of Patrick H. Yancey About Car Accidents
A car accident lawyer can help you recover your accident-related financial losses after a car accident where you were a pedestrian. Contact the Law Office of Patrick H. Yancey in Houma, Louisiana, to set up a consultation about your case.