Many Metairie residents enjoy walking around our town, taking in the historic sites, antique shops, and authentic Cajun cuisine. However, your favorite pastime can quickly turn into a disastrous accident when a negligent driver acts recklessly.
Whether it be a motorist trying to beat a yellow light by making a swift left turn or someone texting while driving, you could be severely injured by someone else’s reckless actions. When you are hit by a car, a Metairie pedestrian accident lawyer could negotiate a settlement or represent you in an injury lawsuit. Reach out to an injury attorney who is well-versed in pedestrian accidents at Damon J. Baldone & Associates today.
Common Pedestrian Accident Causes and Injuries
Pedestrian accidents are often caused by motorists who are:
- Speeding
- Running red lights or stop signs
- Texting, talking, or otherwise distracted while driving
- Driving while inebriated or under the influence of a controlled substance
- Turning left abruptly and failing to see pedestrians crossing the street
A car hitting an unprotected pedestrian can cause severe damage, often resulting in the following:
- Head, neck, and brain injuries
- Multiple broken bones
- Paralysis
- Internal organ damage
Severe injuries require extensive and sometimes lifelong medical care. Under Louisiana law, negligent motorists and their insurers should reimburse injured pedestrians for medical care, lost wages, and emotional trauma.
Establishing Negligence in Pedestrian Crash Cases
All motorists should drive safely to prevent collisions. When their actions demonstrate a lack of reasonable care toward safety, they breach their duty to others. If a pedestrian is injured because of it, negligence is established.
Negligence Per Se
If a motorist is cited for breaking the law, elements of negligence are automatically proven. This allows plaintiffs to focus on proving that the motorist caused their injuries. For example, a DUI ticket proves the motorist had a duty to drive sober but breached the duty. A knowledgeable Metairie pedestrian accident attorney could use negligence per se if applicable.
Compensatory Damages for Injured Pedestrians
Once a plaintiff’s attorney proves negligence, the jury will decide how much the damages are worth. Injury claims split compensatory damages into two categories: economic and non-economic.
- Economic damages reimburse the plaintiff for out-of-pocket losses, such as for current and future medical bills related to the injuries
- Non-economic damages envision a price tag for emotional, mental, or psychological damages, such as what it might be worth when plaintiffs learn they will be disfigured or paralyzed for life
Exemplary Damages
Louisiana Civil Code Article 2315.4 authorizes exemplary damages if the motorist wantonly disregards the pedestrian’s life and safety by driving intoxicated and injures or kills the pedestrian.
Exemplary damages are also called punitive damages because they are designed to punish the defendant, not to compensate the plaintiff. A seasoned pedestrian crash lawyer in Metairie could plead exemplary damages separately from a negligence claim. Along with punishing defendants, these damages are meant to dissuade them and others from driving intoxicated in the future.
Statute of Limitations for Pedestrian Collisions
Louisiana does not allot plaintiffs much time to file a personal injury lawsuit. Louisiana Civ. Code Art. 3492 prescribes a one-year time limit from the date of the pedestrian accident to file suit. Some limited exceptions extend the deadline, but injured pedestrians should contact an accident attorney immediately to ensure they file within the statute of limitations.
Seek Advocacy From a Metairie Pedestrian Accident Attorney
At Damon J. Baldone & Associates, we understand the shock and disbelief you experience when a reckless driver crashes into you. You face exorbitant medical bills and may be unable to work until healed. You may also need money to keep your family afloat.
We could negotiate a fair settlement with insurance companies or litigate for a significant damages award in court. Your doctor has stabilized you physically. A Metairie pedestrian accident lawyer could stabilize you financially. Call today to set up a consultation and discuss your case.
