Baton Rouge Pedestrian Accident Lawyer
Walking can be a healthy, cost-effective, and practical means of travel. And for many people, it may be the only available means of getting from one place to another. Unfortunately, pedestrian accidents have been increasing, and they can cause serious or even fatal injuries.
If you were injured in a pedestrian accident in Baton Rouge, LA, and another person was at fault, you can seek compensation for your injuries or losses. An experienced attorney can help you navigate the complexities of the pedestrian accident claim process and fight for the compensation you deserve.
Let the experienced Baton Rouge pedestrian accident attorneys at Palmintier Law Group handle your case. To schedule a free consultation with a member of our team, contact our office online or at (225) 344 3735.
How Palmintier Law Group Can Help After a Pedestrian Accident in Baton Rouge
Our exceptional team of Baton Rouge personal injury lawyers has earned an AV Preeminent rating, the highest peer review accolade given by Martindale-Hubbell, and we’ve helped our injured clients recover over $1 billion in compensation.
When you hire the Palmintier Law Group, we’ll bring our over 80 years of combined experience to the table to fight for the compensation you deserve. You can count on us to:
- Evaluate your case and discuss your legal options with you
- Thoroughly gather the facts and assess the damages in your case
- Collaborate with you to determine a case strategy
- Negotiate with insurance companies to secure a favorable settlement on your behalf
- Represent you in court if a favorable settlement can’t be reached
Contact our office in Baton Rouge, Louisiana, today for a free consultation to learn more about how Palmintier Law Group can help you with your pedestrian accident case.
How Common Are Pedestrian Accidents?
Nationwide, pedestrian accidents have been increasing for many years. In 2022, the number of pedestrian deaths in the U.S. reached a 40-year high at almost 8,000. In Louisiana, there were 1,146 injuries caused by pedestrian accidents and 185 pedestrian fatalities.
What Is My Baton Rouge Pedestrian Accident Case Worth?
Each personal injury case is different, and it’s hard to estimate the value of a case early on. However, the actual value of your case hinges on several factors, including:
- The extent of your injuries
- The amount of property damage
- Whether you were partially at fault in the accident
- Relevant insurance policy limits
- Whether the at-fault party was driving under the influence, which could entitle you to additional damages
Our experienced pedestrian accident attorneys can discuss these factors in more detail and explain how they impact the potential value of your case.
What Kind of Damages Are Available to Pedestrian Accident Victims in Baton Rouge?
Compensatory damages are the main type of damages available to personal injury victims in Louisiana. The purpose of compensatory damages is to compensate victims for their injuries and losses. In addition, punitive damages are available in rare cases in Louisiana, such as if drunk driving was involved.
Compensatory damages can be broken down into two categories: economic damages and non-economic damages.
Economic Damages Available in Your Pedestrian Accident Case
Economic damages are meant to compensate victims for the financial losses they suffered because of an accident or injury. These may include past and future medical expenses, vehicle repairs, transportation costs, property damage, lost wages, and loss of future earning capacity.
Economic damages are usually simple to calculate, as they can be supported by an invoice, receipt, or some other form of documentation.
Non-Economic Damages Available in Your Pedestrian Accident Case
Non-economic damages are meant to compensate victims for the emotional trauma and lifestyle changes associated with an accident or injury. These may include pain and suffering, emotional anguish, loss of companionship, disability, and disfigurement.
Non-economic damages are harder to calculate than economic damages, as you can’t put a price tag on things like the emotional impact of an injury. An experienced personal injury lawyer can discuss what types of damages are available in your case and help assess them.
How Much Does It Cost To Hire a Pedestrian Accident Lawyer in Baton Rouge?
Many personal injury attorneys work on a contingent fee basis, which means they collect their fee at the end of your case as a percentage of your final settlement or award. The fee will usually be between 33% to 40%, depending on factors like the complexity of the case and whether it settles early or proceeds to trial. Your attorney should explain these terms to you in detail at the outset of your case.
Contingent fees provide some clear benefits to pedestrian accident victims. First, there are no upfront attorney fees. This is especially beneficial when you’re dealing with unexpected medical expenses, transportation costs, lost wages, and more following a pedestrian accident.
Second, because your attorney doesn’t get paid unless your case is successful, you can trust that they’re vigorously fighting for the compensation you need and deserve.
Can I Recover Compensation if I’m Being Blamed for a Pedestrian Accident in Louisiana?
Usually, the driver will usually be liable in a pedestrian accident. That’s not always the case, though. Pedestrians may share some of the fault for an accident. Fortunately, you can still recover compensation in Louisiana if you share some of the blame for the accident.
Louisiana follows a doctrine called pure comparitive fault. This means that each party will be assigned a percentage of fault in the accident. A victim may recover compensation against another at-fault party, and the victim’s final compensation will be proportionally reduced based on their degree of fault.
Suppose you were crossing a street at a pedestrian crosswalk where vehicles were required to stop, but a car failed to stop and hit you – causing you damages in the amount of $10,000. If you were texting at the time and not looking for passing cars, you might be partially at fault. If you were found to be 20% at fault and the driver 80% at fault, then you could still recover up to $8,000 from the at-fault driver.
What Causes Most Pedestrian Accidents in Baton Rouge, LA?
There are several causes of pedestrian accidents in Baton Rouge. The most common causes are:
- Poorly designed roads and pedestrian pathways
- Driving while using drugs or alcohol
- Failing to use turn signals
- Running a stoplight or stop sign
- Distracted driving
- Distracted walking
- Poor visibility
- Failing to yield to pedestrians at crosswalks
New data also suggests that aggressive or reckless driving has increased since the pandemic, which may explain why pedestrian fatalities have risen in recent years. Further, the use of SUVs and larger vehicles has continued to rise, which is linked to more serious injuries or deaths in pedestrian accidents.
How Do I Prove Negligence After a Pedestrian Accident in Louisiana?
To succeed in your pedestrian accident case, you will probably need to prove that the other party was negligent. Negligence is when someone fails to use reasonable care and caution under the circumstances. In Louisiana, you will need to prove four elements to show that the other party was negligent.
These elements are:
Duty of Care
You must show that the defendant had an obligation to conform to a certain standard of care toward you. The normal standard of care is to act the way a reasonably prudent person would under the same or similar circumstances. For example, a driver has a duty to drive with a reasonable amount of safety and caution.
You must show that the defendant breached or violated the required duty of care. For example, failing to yield to a pedestrian in a crosswalk would be a breach of a driver’s duty of care.
You must prove that the defendant’s actions or omissions were the factual and legal cause of your injuries. “Factual cause” means the accident would not have happened without the defendant’s actions. “Legal cause or proximate cause” means the accident or injury was a reasonably foreseeable consequence of the defendant’s actions.
You suffered injuries or some type of loss. For example, if a driver failed to yield to a pedestrian crosswalk and almost hit you but did not cause any injuries or property damage, you probably would not succeed in a negligence claim.
How Long Do I Have To File a Lawsuit After a Pedestrian Accident in Louisiana?
In Louisiana, you have one year from the date a pedestrian accident or injury occurred to file a lawsuit. This deadline for filing your case is called a statute of limitations. If your case is not filed on time, you will not be able to bring your case to court and may miss out on the compensation you deserve. A knowledgeable personal injury lawyer will make sure your pedestrian accident case is filed on time.
Contact Our Baton Rouge Pedestrian Accident Lawyers for a Free Consultation
If you’ve been injured in a pedestrian accident in Baton Rouge, don’t hesitate to speak with an experienced personal injury lawyer about your case. Our top-rated team of attorneys is here to help.
Contact Palmintier Law Group online or at 225-230-1807 to schedule a free consultation with one of our experienced Baton Rouge pedestrian accident attorneys.
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