Pedestrian Accident Attorneys in Shreveport, LA
Shreveport is known for its flashy riverboat casinos and the Prize Fest, attracting thousands of visitors yearly. And while many people enjoy walking along the riverfront, the city isn’t very walker friendly, with a Walk Score of just 31 out of 100. Pedestrians and motor vehicles must navigate sidewalk-less streets, crosswalks, and heavily trafficked areas, which puts walkers at risk of being struck by a car. These accidents can result in serious injuries or death. If you were injured in a pedestrian accident or lost a loved one in an accident, contact a Shreveport pedestrian accident lawyer from Wright Gray Law Firm. You may be entitled to compensation for your medical bills, pain and suffering, and other losses.
Why Choose Wright Gray Law Firm for Your Shreveport Pedestrian Accident Claim?
Two seasoned personal injury attorneys founded Wright Gray Law Firm to provide accident victims with honest, personalized legal services. In the years since, they have recovered tens of millions of dollars for their clients through verdicts, judgments, and settlements. If you retrain a Shreveport pedestrian accident attorney from Wright Gray Law Firm, we promise to fight to get you the compensation you deserve. Contact us today for your free consultation to discuss your legal options.
How Common Are Pedestrian Accidents?
Motor vehicle accidents involving pedestrians make up 17% of all fatal accidents in the U.S. According to the latest data from the Insurance Institute for Highway Safety, 7,388 pedestrians died in crashes with motor vehicles last year, representing an 80% in pedestrian deaths since their lowest point in 2009. The highest death rate was among pedestrians ages 45 to 69, followed by those 20 to 44. According to the Louisiana Highway Safety Commission, 1,146 pedestrians were injured by motor vehicles last year, and 185 died.
What Compensation is Available in a Shreveport Pedestrian Accident Claim?
The types of compensation you can recover in a pedestrian accident claim will depend on the circumstances of your case and the damages you suffer. Here are some common types of damages you might seek compensation for:
- Medical Expenses: You can seek compensation for all reasonable and necessary medical expenses related to your injuries, including hospital bills, doctor’s visits, surgery costs, medication, physical therapy, and future medical expenses if your injuries require ongoing treatment.
- Loss of Earnings: If your injuries result in missed work or reduced earning capacity, you may be able to seek compensation for your lost wages and future lost earning potential.
- Property Damage: If your personal property, such as clothing, electronics, or other items, was damaged in the accident, you may seek compensation for repair or replacement.
- Pain and Suffering: Non-economic damages such as pain, suffering, emotional distress, and a diminished quality of life may also be recoverable.
- Loss of Consortium: This type of claim allows the spouse or family members of the injured person to seek compensation for the loss of companionship, love, and support resulting from the injuries.
- Wrongful Death: If a loved one died as a result of the pedestrian accident, their surviving family members may be able to seek damages for funeral and burial expenses, loss of financial support, and emotional suffering through a wrongful death claim.
Who May be Held Responsible in Pedestrian Accidents?
Determining liability in a pedestrian accident can be complex and often involves investigations, witness statements, police reports, and legal knowledge. In some cases, more than one party may be held liable. Generally, the following parties may be held liable in a pedestrian accident:
In most cases, the driver of a motor vehicle is considered the primary party at fault if they were negligent or violated traffic laws. Common driver negligence factors include speeding, distracted driving, running red lights or stop signs, driving under the influence, and failure to yield the right of way to pedestrians. If the driver’s actions caused the accident and resulting injuries to the pedestrian, they can be held liable.
While pedestrians often have the right of way, they can also be held partially or fully liable if they were acting negligently or recklessly. This might include jaywalking, crossing against the signal, or being distracted while walking, such as texting or scrolling through your phone.
Vehicle Manufacturer or Maintenance Entity
In some cases, a pedestrian accident may result from a vehicle defect or malfunction, such as faulty brakes or steering. In such instances, the vehicle manufacturer or a maintenance entity may be held liable for the accident.
Poorly maintained roads, inadequate signage, malfunctioning traffic signals, and other road design or maintenance issues can contribute to pedestrian accidents. In some cases, government entities responsible for road maintenance and design may be held liable for accidents resulting from these issues. However, pursuing claims against government entities can involve specific legal processes and limitations.
Depending on the circumstances, other parties might also be held liable. For example, if the driver was operating a commercial vehicle, the employer of the driver could be liable under certain circumstances. Similarly, if the driver was under the influence of alcohol or drugs, the person or establishment that provided the alcohol or drugs may be held liable in some cases.
Third-party liability may exist if someone else’s actions or negligence contributed to the accident. For example, if a construction company’s improper signage led to confusion and an accident involving a pedestrian, that company might be held liable.
How Do I Prove Negligence in a Pedestrian Accident Claim?
To be successful in a pedestrian accident case, you must prove negligence on the part of the other person or party. To establish negligence in such cases, a lawyer must prove these four essential elements:
Duty of Care: The first element of negligence is the duty of care owed by the defendant (the party being accused of negligence) to the plaintiff (the injured party). In the context of a pedestrian accident, drivers owe a duty of care to pedestrians, which includes adhering to traffic laws, obeying speed limits, and exercising reasonable caution to avoid harming pedestrians.
Breach of Duty: The second element is the breach of the duty of care. This means that the defendant failed to meet the standard of care they owed the plaintiff. For example, if a driver was speeding, texting while driving, or ran a red light, they may be considered to have breached their duty of care to pedestrians.
Causation: Causation involves establishing a direct link between the defendant’s breach of duty and the plaintiff’s injuries. In a pedestrian accident, this means demonstrating that the defendant’s negligent actions directly caused the injuries sustained by the pedestrian. For instance, if a driver’s failure to yield the right of way to a pedestrian in a crosswalk resulted in a collision and injuries to the pedestrian, there is a clear link between the driver’s breach of duty and the injuries.
Damages: The final element is the existence of actual damages or harm suffered by the plaintiff. In a pedestrian accident case, this typically includes physical injuries, medical expenses, pain and suffering, lost wages, and other losses resulting from the accident. Without measurable damages, there may not be a basis for a negligence claim.
What if I’m Partly to Blame for My Pedestrian Accident?
Comparative negligence is a legal principle used in personal injury cases, including pedestrian accidents, to determine how much compensation an injured party (the plaintiff) can receive when both the plaintiff and the defendant share some degree of fault for the accident. Comparative negligence allows for a fair allocation of responsibility and damages based on each party’s level of fault.
Louisiana follows a pure comparative negligence rule, which is one of the variations of comparative negligence. Under a pure comparative negligence system, an injured party can recover damages even if they are partially at fault for the accident. In other words, the injured party’s recovery is not barred or reduced solely because they contributed to the accident. However, the amount of compensation the injured party receives is proportionally reduced based on their percentage of fault.
For example, if a pedestrian is found to be 30% at fault for a pedestrian accident, and the driver is found to be 70% at fault, the pedestrian can still recover damages for their injuries. However, their compensation will be reduced by their own percentage of fault. For instance, if the total damages are $10,000, the pedestrian would be entitled to $7,000 (70% of $10,000), taking into account their 30% share of the fault.
Importantly, even if the pedestrian is found to be more at fault than the driver, they can still recover damages in Louisiana. Some states have a modified comparative negligence rule with a “50% bar” or “51% bar,” where a plaintiff cannot recover any damages if they are equally or more at fault than the defendant. There is no such bar in Louisiana, and plaintiffs can recover even if they are predominantly responsible for the accident.
How Can a Pedestrian Accident Lawyer in Shreveport Help Me?
A pedestrian accident lawyer from Wright Gray Law Firm can provide valuable assistance if you’ve been involved in a pedestrian accident in Shreveport. Here are several ways we can help you:
Our pedestrian accident lawyers are well-versed in the laws and regulations related to pedestrian accidents in Louisiana. They understand the legal complexities of such cases and can provide expert guidance.
Your lawyer can assess the details of your case, including the circumstances surrounding the accident, the extent of your injuries, and the available evidence. They can help you understand whether you have a viable claim for compensation.
Our pedestrian accident lawyers can conduct a thorough investigation into the accident. This may involve gathering evidence, interviewing witnesses, obtaining police reports, and working with accident reconstruction experts if necessary.
Your attorney will work to establish liability by determining who was at fault for the accident. They will assess whether the driver, the pedestrian, or other parties may be responsible and to what extent.
Your lawyer can assist with dealing with insurance companies, including filing claims, negotiating settlements, and advocating for your rights. They can help ensure you receive fair compensation for your injuries and losses.
Medical Records and Bills
Our attorneys can help you organize and present your medical records and bills to establish the extent of your injuries and the costs associated with your medical treatment. This is crucial for calculating damages.
Your lawyer will negotiate on your behalf to reach a fair settlement with the at-fault party’s insurance company. They will work to maximize your compensation.
If a fair settlement cannot be reached through negotiation, your attorney can file a lawsuit on your behalf and represent you in court. They will prepare your case, present evidence, and advocate for your interests in court.
Understanding Louisiana Laws
Louisiana has specific laws related to personal injury and negligence, including its pure comparative negligence rule. Your attorney will ensure that your case is in compliance with these laws and will navigate them on your behalf.
Peace of Mind
Having a lawyer handle your case allows you to focus on your recovery and well-being, knowing that a legal professional is working diligently to protect your interests.
Experience with Insurance Companies:
Our attorneys have experience dealing with insurance companies, which often try to minimize payouts. Your lawyer can level the playing field and advocate for the compensation you deserve.
Legal Representation for Wrongful Death
If the pedestrian accident results in a fatality, our lawyer can help surviving family members pursue a wrongful death claim, seeking compensation for their losses.
Contact the Shreveport Pedestrian Accident Lawyers at Wright Gray Law Firm Today
A Shreveport pedestrian accident attorney from Wright Gray Law Firm can provide comprehensive legal assistance throughout the process, from investigating the accident to negotiating with insurance companies and, if necessary, representing you in court. Our goal is to help you receive fair compensation for your injuries and losses while you focus on your recovery. Contact a Shreveport pedestrian accident attorney at Wright Gray Law Firm today at 888-912-4944 or through our online form to discuss your case.