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Pedestrian Accident Injuries in New Orleans

January 7, 2022

Pedestrian accidents can happen at any time and involve anyone. Unfortunately, it may require the services of a pedestrian accident lawyer for a victim to fully see the settlement that they deserve. Pedestrian accidents can lead to severe and potentially catastrophic injuries. Insurance companies that are involved in these types of accidents may try to settle out of court. This allows them to set the type of compensation that pedestrian accident victims may get for their injuries.

Negligence and Accidents

Negligence is the failure to exercise a duty of care when it comes to certain criteria. Negligence usually leads to severe injuries in accidents involving pedestrians. Some of the fallout from these accidents include head injuries and internal injuries. In some cases, pedestrian fatalities may result, leading to jail time for the at-fault driver. These types of accidents may range from a car hitting a pedestrian to a person crossing the road getting run over by an at-fault driver.

What Can Result from a Pedestrian Accident?

Injuries from a pedestrian accident can span quite a large spectrum. Personal injury lawyers that deal with these types of accidents have seen severe injuries. Some pedestrians even become traffic fatalities because of guilty drivers. Pelvic injuries may also stem from these situations. Physical injuries might be complicated like broken bones and other common injuries. Traumatic brain injury (TBI) may also happen as a result of a pedestrian crash. Regardless of the types of injuries you may have, seeing out medical care as soon as possible is the best way to approach the situation. The human body is a frail machine, and damage can come to its critical parts very easily.

What Causes These Accidents?

Accidents may be caused by several different things. A reckless driver, for instance, might ignore road signs and traffic lights. Their negligence could lead to a pedestrian being struck and possibly killed. Distracted driving might also lead to an accident because of the driver's inability to anticipate the situation. The distracted driver may ignore clearly outlined road signs and accidentally hit the pedestrian. The pedestrian themself may be the cause of the accident, but in some jurisdictions this might mean that the negligent driver won't have to pay any compensation as a result.

What Should You Do After An Accident?

The first and most important thing to remember is that you shouldn't leave the site of the accident. Unfortunately, in many cases, if you're the injured pedestrian, you may not be able to move. It's important to make a note of the motor vehicles at the scene that may have been witnesses to the incident. Immediately after the incident you should follow these steps:

  1. Call the Police
    The police should be the first call you make before anyone else, even your family or insurance company. The police report that will be generated after the incident will allow you to prove the incident and also cover the witness statements of all the people who are already there.
  2. Collect Information
    As with any other traffic accident, you should collect the statements of everyone who was an eyewitness. Getting their information and putting them down into a centralized document can help your personal injury attorney to get in contact with them to verify details later on.
  3. Take Photos
    Critical evidence can be important to prove your case in court. If you can't take photographs, it's important that you get someone to take them for you since they will back up your statement to a judge. Photos can be a useful source of information for your injury accident lawyers as well.
  4. See a Doctor
    Even if you feel as though you're okay, you should still seek out a doctor as soon as possible to get medical attention. Your injury accident lawyers will need all reports about your bodily injury to bring a case against the negligent party. Your accident injury lawyers may even ask the doctor for expert testimony to show the extent of your injuries.

Settling Out of Court

Most of the pedestrian accidents that occur are settled out of court. Many a legal team will decide that it's better to settle the matter without going in front of a judge. This might be because they expect to lowball the injury accident lawyers for the pedestrian. However, experienced pedestrian accident attorneys are aware of these tactics and can take action to give their clients the best chance of a reasonable settlement.

Going to Court for an Accident

The truth is that not all accidents get to a court of law. Many of them are settled out of court as a result of insurance companies deciding that it's easier and less expensive. However, occasionally, the insurance company or negligent driver feels like they can avoid paying for the damages, they might let the matter go to court. Sometimes, the driver might want to have their point of view heard in court. In this case, the determination of negligent behavior and guilt falls to a judge.

Settlements for Pedestrian Accidents

Regardless of if a settlement happens in front of a judge or independently, you should always be aware of what you are entitled to fair compensation. For example, you might be entitled to more compensation for spinal cord injuries than for cuts and scratches. An injury of this type might make it impossible for you to work, forcing the driver to pay for your injuries. If you need to recover from your injuries with physical therapy, the guilty driver may be required to pay for that as well.

So how do you ensure you get maximum compensation during this difficult time? Your injury accident lawyers will have their work cut out for them to ensure that you get a fair deal. They may ask you to relate the emotional pain that your injuries have caused you, so that they can get the court to work out a decent settlement sum. Other factors that might impact personal injury claims of this type include medical costs and organ damage. Permanent damage to your body or dental injuries can also be factored into a settlement. The recovery time that you need to get back to proper working condition is a crucial part of determining what you're entitled to.

Contact us today to help you overcome your pedestrian accident and gain the settlement that you deserve.


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