Mardi Gras, the Jazz & Heritage Festival, and other festivities in the Big Easy lure tourists and locals to the city and substantially increase pedestrian traffic throughout the city. Unfortunately, pedestrians almost always risk an accident with a motor vehicle.
New Orleans always ranks among the cities in Louisiana with the most pedestrian injuries and crashes, and its pedestrian fatality rate exceeds the national average year after year.
If you or a loved one suffered injuries in a pedestrian accident, contact a New Orleans pedestrian accident lawyer with Wright Gray Law Firm. We can help you recover compensation for your medical bills and other losses.
New Orleans Pedestrian Accident Guide
- Why Choose Wright Gray Law Firm for Your Pedestrian Accident Claim?
- Common Causes of Pedestrian Accidents in New Orleans
- Who May be Liable in Pedestrian Accidents?
- How Do I Prove Negligence in a Pedestrian Accident Claim?
- How Can a Pedestrian Accident Lawyer in New Orleans Help Me?
- Contact the New Orleans Pedestrian Accident Lawyers at Wright Gray Today
Why Choose Wright Gray Law Firm for Your Pedestrian Accident Claim?
Two New Orleans personal injury lawyers with more than six decades of personal injury law experience between them founded Wright Gray Law Firm with one major goal in mind: To fight negligent parties and their insurance companies to obtain maximum compensation for accident victims.
We have recovered tens of millions in compensation for their clients, and continue to fight on their behalf.
If you suffered injuries in a pedestrian accident or if your loved one died in a fatal pedestrian accident, we want to help you. Contact the New Orleans personal injury lawyers at Wright Gray Law Firm today, and let’s discuss your case.
How Common Are New Orleans Pedestrian Accidents?
Pedestrian accidents happen far too often in New Orleans.
Orleans Parish is home to only 8 percent of the state’s population. However, nearly a quarter of all Louisiana pedestrian accidents occur in Orleans Parish. New Orleans has a rate of 78 pedestrian accident victims per 100,000 residents—three times the rate of the entire state of Louisiana, which has 26 victims per 100,000 residents. The average pedestrian death rate in Orleans Parish was 2.9 deaths per 100,000 residents, compared to the state rate of 2.3 and the national rate of 1.4.
Far too often, accidents involving motor vehicles kill or seriously injure pedestrians in New Orleans. More times than not, drivers could have prevented these accidents. When a pedestrian suffers serious injuries or a loved one dies due to the negligence of a motor vehicle operator, the injured party or their surviving family members deserve compensation for their losses.
Common Causes of Pedestrian Accidents in New Orleans
Common causes of pedestrian accidents in New Orleans could include:
- Distracted driving: Drivers using mobile phones, adjusting GPS devices, or engaging in other distracting activities can fail to notice pedestrians crossing the road.
- Speeding: Drivers exceeding speed limits in busy urban areas like New Orleans have reduced reaction times and are less likely to stop in time to avoid hitting pedestrians.
- Failure to yield: Drivers not yielding the right of way to pedestrians at crosswalks or intersections commonly cause accidents.
- Impaired driving: Driving under the influence of alcohol or drugs can impair a driver’s judgment, coordination, and reaction time, leading to accidents involving pedestrians.
- Poor visibility: Pedestrian accidents can happen when poor lighting conditions or adverse weather make it difficult for drivers to see pedestrians or for pedestrians to see oncoming vehicles.
- Lack of infrastructure: Insufficient or poorly designed pedestrian infrastructure, such as crosswalks, pedestrian signals, and sidewalks, can contribute to accidents.
- Left-turn accidents. Left-turning vehicles might not always notice pedestrians crossing the street they are turning onto, resulting in collisions.
- Aggressive driving behaviors: Aggressive driving behaviors, such as running red lights or stop signs, can put pedestrians at risk.
- Inadequate education and awareness: Lack of awareness about pedestrian safety rules and the importance of yielding to pedestrians and sharing the road can lead to accidents.
- Elderly and children: Older adults and children might have reduced mobility or difficulty judging traffic, making them more vulnerable to accidents.
Who May be Liable in Pedestrian Accidents?
In New Orleans, liability in a pedestrian accident depends on the specific circumstances of the accident.
Generally, you can hold one or more parties liable:
- Driver: If a driver’s negligence, such as speeding, distracted driving, running a red light, or failing to yield the right of way, leads to a pedestrian accident, you can hold the driver liable.
- Government entity: If hazardous road conditions, poor signage, inadequate lighting, or other infrastructure issues caused or worsened the accident, you can hold the government agency responsible for negligent road maintenance.
- Property owner: In some cases, accidents can occur due to dangerous conditions on private property, such as parking lots or driveways. If a property owner’s negligence contributes to the accident, they might share liability.
- Manufacturer: If a defect in a vehicle or its components (such as brakes or tires) contributes to the accident, you can hold the vehicle manufacturer or parts manufacturer liable.
- Employer: If the driver was operating a vehicle as part of their job (e.g., a delivery driver or commercial vehicle operator) and the accident occurred during the course of their employment, their employer could potentially share liability under certain circumstances.
Determining liability requires a thorough investigation of the accident scene, witness statements, traffic laws, and other relevant factors. Consult the personal injury attorneys at Wright Gray Law Firm, who have experience handling pedestrian accidents, to assess the specific details of the case and provide guidance on liability issues.
How Do I Prove Negligence in a Pedestrian Accident Claim?
Proving negligence in a pedestrian accident case involves demonstrating that the responsible party had a duty of care, breached that duty, and as a result, harmed the pedestrian.
To establish negligence, you generally need to establish:
- Duty of care: The responsible party (usually the driver) had a legal obligation to exercise reasonable care to avoid causing harm to others, including pedestrians. Drivers owe a heightened duty of care to pedestrians due to their vulnerability.
- Breach of duty: You must show that the responsible party breached their duty of care by acting in a way that a reasonable person would not have in similar circumstances. This could involve actions like speeding, distracted driving, running a red light, or failing to yield to pedestrians in crosswalks.
- Causation: You need to establish a direct link between the responsible party’s breach of duty and the pedestrian’s injuries. In other words, you must show that the breach of duty caused the accident and resulting harm.
- Damages: You need to provide evidence of the actual harm or damages suffered by the pedestrian. This could include medical bills, lost wages, pain and suffering, and other relevant losses.
What if I’m Partly to Blame for My Pedestrian Accident?
Louisiana follows a pure comparative negligence rule in personal injury cases, including pedestrian accident cases in New Orleans. This rule determines the degree of fault of each party involved in an accident and how it affects the amount of compensation awarded.
Here’s how the pure comparative negligence rule works in pedestrian accident cases.
When an accident occurs, the court or insurance adjuster will assess the degree of fault of each party involved, including the pedestrian and the driver. This is usually expressed as a percentage. For example, the court might determine that the pedestrian was 20% at fault and the driver was 80% at fault.
In a pure comparative negligence system, a person’s compensation decreases by their percentage of fault. In other words, if the pedestrian is 20% at fault for the accident, their potential compensation will decrease by that amount. If their total damages are $10,000, they would recover $8,000 (80% of the damages).
Louisiana’s comparative negligence rule also allows for the allocation of fault to multiple parties. Comparative negligence also plays a role in settlement negotiations with insurance companies. The percentage of fault attributed to each party can affect the settlement amount offered.
If the parties cannot agree on the allocation of fault, a court may need to decide the matter. The court will consider evidence presented by both sides to determine the degree of fault for each party.
The application of comparative negligence can vary based on the specific circumstances of each case and the interpretation of the law by the court. To navigate these complexities and protect your rights, consult an experienced pedestrian accident attorney familiar with Louisiana’s laws and the comparative negligence system.
How Can a Pedestrian Accident Lawyer in New Orleans Help Me?
A personal injury lawyer can provide valuable assistance and representation throughout your pedestrian accident case. Here’s how a lawyer can help:
A personal injury lawyer who handles pedestrian accident cases has a deep understanding of the relevant laws, regulations, and legal procedures specific to pedestrian accidents in New Orleans.
An experienced lawyer will assess the strengths and weaknesses of your case. They’ll explain the likelihood of success and potential outcomes, allowing you to make informed decisions.
Lawyers know what evidence is crucial for building a strong case. They can gather accident reports, witness statements, medical records, photos, videos, and other evidence needed to establish liability and damages.
Your lawyer will develop a strategic plan tailored to your case. They’ll guide you on the best course of action to maximize your chances of obtaining fair compensation.
Your lawyer will work to establish the negligence of the responsible party. They’ll gather evidence, interview witnesses, and potentially work with experts to demonstrate the breach of duty and the causal connection to your injuries.
Communication and Negotiation
Lawyers can communicate with insurance companies on your behalf. They know the tactics insurers use to minimize payouts and can negotiate for a fair settlement that covers all your losses, including medical bills, lost income, pain, and suffering.
Navigating Legal Procedures
Personal injury cases involve various legal processes, paperwork, and deadlines. Your lawyer will handle these aspects, ensuring everything is filed correctly and on time.
If your case goes to trial, your lawyer will advocate for you in court. They’ll present your case, cross-examine witnesses, and argue on your behalf to seek a favorable verdict.
A pedestrian accident lawyer provides support and guidance throughout the emotionally challenging legal process, helping you focus on your recovery.
Contingency Fee Arrangement
Many personal injury lawyers work on a contingency fee basis. This means they only get paid if you receive compensation. This arrangement makes legal representation accessible to those who might not have the financial means upfront.
Contact the New Orleans Pedestrian Accident Lawyers at Wright Gray Today
In pedestrian accident cases, a personal injury lawyer can significantly increase your chances of obtaining a fair settlement or verdict. They have the experience and resources to navigate the complexities of the legal system while fighting for your rights and best interests.
After a pedestrian accident in New Orleans, consult a reputable personal injury lawyer at Wright Gray Law Firm as soon as possible to get the legal guidance you need. Contact us today at 888.912.4944 or fill out our online contact form for your free consultation and case evaluation.
“Professional, personable, diligent, and thorough are just a few of the words I can use to describe this firm. From day one I felt I was in safe hands. The communication was open, honest and every promise was delivered upon. I felt at ease knowing I had a team that was passionate handling my case and I’m ever so grateful.” -Hadassah J. ⭐⭐⭐⭐⭐
Wright Gray Trial Lawyers – New Orleans Office
201 St Charles Ave Suite 2710
New Orleans, LA 70170
P: (504) 616-6462