Can a Pedestrian Get Compensation if They’re Partly at Fault for an Accident?

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Both residents and visitors to Louisiana enjoy walking around and enjoying the outdoors. The weather is warm year-round, making cities like Baton Rouge ideal for exploring on foot. However, pedestrians need to be careful. Since they have to share the roadways with motor vehicles, their safety is often at risk. 

When a pedestrian gets hit by a car or even worse, a truck, they can suffer life-changing injuries. The physical trauma can have both mental and financial consequences. Therefore, if you or a loved one was injured while walking the streets, you need to seek legal advice. You may be entitled to compensation for your injuries and other accident-related losses. An injury attorney in Baton Rouge can help you to recover damages.

Common Causes of Pedestrian Accidents and Their Impacts

Many factors can cause accidents between pedestrians and vehicles in Baton Rouge. These include driving under the influence of drugs or alcohol and driving while fatigued. Just like intoxicants, sleep deprivation can affect a driver’s vision, judgment, and reaction time. Drivers who are impaired in any way may not notice a pedestrian until it is too late to stop. Distracted driving, including texting and driving, can also put pedestrians in danger. In addition, young, inexperienced or unlicensed drivers are more likely to cause accidents.

Other factors that can lead to pedestrian accidents are:

  • Dangerous weather conditions
  • Inadequate signage
  • Poorly maintained roads
  • A lack of crosswalks

Pedestrians almost always suffer serious injuries. They have nothing to protect them from a vehicle that weighs 2,000 pounds or more. Common injuries include:

  • Head trauma
  • Broken bones
  • Spinal cord injury
  • Neck and back injuries
  • Leg injuries
  • Internal injuries

Depending on the severity of your injuries, your recovery may be lengthy. Bills will begin to pile up when you can’t work, and you may need ongoing treatment. If you have suffered injuries in a pedestrian accident, you need to get help from a vehicle accident attorney.

How Louisiana’s Comparative Negligence Doctrine Can Affect You

It’s easy to find yourself in a situation where you are partly to blame for your injuries. Pedestrians in Louisiana have the right-of-way when they’re using a crosswalk. However, if they should yield to drivers when they aren’t walking in a crosswalk. If you were jaywalking and you got hit by a speeding car, both you and the driver could be liable. Both of you would have violated the state’s traffic laws.

You may have heard that you can’t recover damages if you were partly responsible for the accident. However, this isn’t the case in Louisiana. This state practices the pure comparative fault principle. This means that you can get compensation even if you were partially at fault. However, you will be responsible for a share of the damages in proportion to your share of liability. The police, the other driver’s insurance company or the court will determine the liability of each party. 

If you were 50 percent at fault, and your losses were worth $10,000, you would only receive $5,000. The driver’s insurer will try to exaggerate your role in the accident so they can pay you as little as possible. To ensure you receive the maximum amount possible, you should have an attorney evaluate your case. They will look at all the details surrounding your role in the accident and calculate all your damages. 

Call Our Law Firm Today to Get the Help You Need After Your Accident

If you were struck by a vehicle as you made your way around town, you deserve to get compensation. Even if you had a role to play in the crash, you may be able to recover damages. You shouldn’t have to bear the costs associated with medical bills, lost wages and pain and suffering on your own. However, it is important that you work with skilled, experienced Baton Rouge auto accident attorneys. At Bart Bernard Injury Lawyers, we have the time and resources to ensure you get justice. You should never have to struggle physically and financially because of a reckless or negligent driver.

We’ll quantify your damages and come up with a legal strategy to help you recover your losses. Our team will do everything we can for you and we’ll do our best to negotiate a settlement out of court. However, we can file a lawsuit and fight in court if necessary. Contact us today to schedule a free consultation and learn how we can help you. We work on a contingency basis, so you don’t have to pay until we secure compensation for you.

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