Office Location: 400 Poydras Tower, Poydras St Suite 1975, New Orleans, LA 70130
- Did you get injured in a pedestrian accident on Bourbon Street?
- Maybe you got hit while crossing Poydras or running to catch the bus on Canal Street?
- No matter how your accident occurred, our New Orleans pedestrian accident lawyers are here to help!
New Orleans is a famous tourist destination where people come to eat, drink, be merry, and immerse themselves in the city’s rich history and culture. Although pedestrian accidents have many causes, ALCOHOL plays an especially large part in pedestrian accidents in New Orleans, especially in the French Quarter, home to Bourbon Street and all its bars and clubs. Unfortunately, pedestrian fatalities are so high in Louisiana, the state ranks NUMBER FOUR (4!) in the nation for the highest number of deaths, Baton Rouge ranks 12th in the nation for cities, and New Orleans ranks number 42. Pedestrians have no protection when they are involved in an accident, often causing catastrophic injuries or death.
Those on foot can cause an accident by jaywalking, but the majority of pedestrian accidents occur because CARELESS DRIVERS DON’T FOLLOW THE LAW AND GIVE PEDESTRIANS THE RIGHT OF WAY. Car accidents can be life-altering events when New Orleans pedestrians are lucky enough to survive. Recovery time can be weeks, months, or years forcing victims to miss work while they amass medical bills. If a careless driver crashed into you and caused injuries, you shouldn’t have to shoulder the financial burden in the wake of your injuries.
We are a national law firm with multiple offices around the country, including New Orleans. We also work with affiliate law firms in most states that share our focus and dedication to excellence. No matter where you are located, we may be able to help you, so call or contact us now. We are open, for FREE, 24 hours a day, seven days a week, at 800-898-4877, or you may contact us now by CLICKING HERE to submit your case for review.
Stewart J. Guss, Injury Accident Lawyers’ New Orleans Pedestrian Accident Lawyers
At Stewart J. Guss, New Orleans Personal Injury Lawyers we aggressively fight for our clients to get the compensation they deserve for losses related to a pedestrian accident. We understand many pedestrian accident victims suffer emotionally and financially, and we are here to help.
The pedestrian accident attorneys at Stewart J. Guss, Injury Accident Lawyers are committed to fighting for every penny you deserve after a reckless driver caused you harm. We take pride in our dedication to professional excellence, which has resulted in the recovery of MILLIONS OF DOLLARS for pedestrian accident victims from settlements and court-awarded damages.
Our skilled pedestrian accident injury team can diligently investigate the cause of your pedestrian accident, handle communications with trickster insurance companies, and litigate your case when necessary to obtain the best outcome for your case. Although we cannot prevent your pedestrian accident from happening. We can, however, advocate for you and assist you with holding negligent parties accountable for the harm they caused you.
Common Causes of Pedestrian Accidents in New Orleans
How do New Orleans pedestrian accidents occur? New Orleans pedestrian accidents can occur in many ways. Pedestrians must take care when walking around busy NOLA streets. Using crosswalks, obeying traffic signals, and paying attention when crossing intersections are all ways pedestrians can help to keep themselves safe from harm. However, many pedestrian accidents occur because other motor vehicle drivers simply are not looking out for pedestrians on the road. Some of the most common causes of pedestrian accidents include:
- Distracted driving
- Drunk driving
- Reckless driving
- Road rage
At Stewart J. Guss, Injury Accident Lawyers, we understand the complexities that surround pedestrian accidents. We know that injured pedestrians often face an uphill battle when seeking compensation. We also know that insurance companies will look for any way to delay, deny, or reduce your claim. That’s why we fight aggressively for injured accident victims at every turn. Let us handle your pedestrian accident case from the start!
We Take Your Pedestrian Accident Injuries Seriously!
Residents and tourists involved in a New Orleans pedestrian accident can suffer life-changing, catastrophic injuries, which can be deadly. When speeding is involved, pedestrians are fortunate to survive. In these situations, survival might mean spending months or YEARS healing and getting treated for catastrophic injuries. If you have been harmed or lost a loved one in a pedestrian accident caused by a negligent motor vehicle driver, you don’t deserve the physical pain, mental anguish, and financial difficulties that often accompany severe injuries. The skilled legal team at Stewart J. Guss, Injury Accident Lawyers has advocated for accident injury victims who have suffered a wide range of severe injuries.
The following pedestrian common injuries serve as examples of those that might result in a settlement or court-awarded damages:
- Head Injuries. When a driver strikes a pedestrian, it’s likely the pedestrian will sustain a head injury from being thrown to the pavement. If they’re lucky, the injury will just be to their scalp or face. More likely, the pedestrian will suffer a brain injury. In serious pedestrian accidents, victims are likely to suffer moderate to severe traumatic brain injuries (TBI) that can cause permanent brain damage.
- Back Injuries. Getting hit by a motor vehicle often means suffering painful back injuries, which can include fractured vertebrae, herniated discs, and other injuries along the spinal column. Many who sustain back injuries need corrective surgery to alleviate some of the pain and fix the injury. Yet, surgery doesn’t always lead to a full recovery. While one or more surgeries might help, many who suffer back pain must cope with it indefinitely.
- Spinal Cord Injuries. A pedestrian who suffers a back injury during a pedestrian accident, might also sustain a spinal cord injury, one of the MOST COSTLY of all accident injuries. Your spinal cord doesn’t need to be completely cut in half for you to suffer a catastrophic injury. A cut or bruise on the cord can cause numbness, weakness, and paralysis. Fortunately, minor injuries have a good chance of healing on their own with victims regaining all of their lost functions. When spinal cord injuries are severe, however, they cause PERMANENT injury with accompanying paralysis.
- Amputation. Amputees face YEARS of physical pain and emotional distress as they cope with the aftermath of their injury. When amputees have lost one or both legs, they must use a wheelchair and go through the frustrating tasks of learning how to use an artificial leg. Amputations require years of physical therapy and rehabilitation, putting them right up there with spinal cord injuries in terms of cost. Our experienced team of pedestrian accident lawyers can fight for you, to get the compensation you deserve, to seek out the treatment you need, when you’ve suffered an amputation.
We also help injured pedestrians who suffer from other injuries, such as burns, broken bones, disfigurement, internal organ damage, and more.
At Stewart J. Guss, Injury Accident Lawyers, we assist injured pedestrians in learning about the full scope and prognosis of their injuries, so their auto accident injury claim isn’t undervalued by greedy and dubious insurance companies and legal defense teams.
Recovering Damages After a Pedestrian Accident
How Much is my New Orleans Pedestrian Accident Case Worth?
When a reckless, careless, and negligent driver strikes you and causes harm, Louisiana law permits you to sue for damages related to your accident and injuries. Although each case varies, if your lawyer negotiates a fair settlement or the court rules in your favor, you might receive compensation for the following economic and non-economic losses incurred:
- Medical treatment expenses including ambulance and emergency service, hospitalization, diagnostic imaging, surgery, medication, and followup visits
- Future medical treatment costs when a pedestrian accident causes a permanent disability requiring long-term care or a severe injury requiring extensive recovery
- Rehabilitation costs for specialists such as physical and occupational therapists or speech therapists
- Assistive devices such as wheelchairs, artificial limbs, crutches, canes, and walkers
- Lost wages for time away from work due to injury, hospitalization, and recovery
- Future lost wages when a pedestrian accident causes a permanent disability or condition that prevents a victim from returning to their job or seeking gainful employment anywhere else
- Home modification costs, such as wheelchair ramps and handrails, to make a house more accessible
- Costs for replacement services when a pedestrian accident victim cannot perform the same household tasks they did before their injuries, including lawn care, outdoor maintenance, cleaning, grocery shopping, cooking, and childcare
- Physical pain and suffering
- Emotional pain and suffering
- Loss of consortium with a spouse
- Scarring and disfigurement
- Cracked teeth, broken jaws, and other dental injuries
- Other non-economic costs that apply to a particular case
- Punitive damages when intentional harm or gross negligence occur
If you have lost a loved one in a pedestrian accident, Louisiana law permits you to seek damages in a wrongful death suit if you are an eligible survivor. Depending on your relationship with the deceased, you might be able to receive some of the previously listed damages, as well as funeral costs, and expenses for burial or cremation.
Additionally, eligible survivors, typically spouses and children, might receive additional compensation for non-economic costs based on their relationship, such as loss of companionship and loss of guidance and parental support. Consult with one of our experienced pedestrian accident attorneys about a wrongful death action, and they can advise you on the best path for you and your family.
New Orleans Pedestrian Accident FAQs
New Orleans is a beautiful, bustling, and exciting city! No one who visits or inhabits New Orleans can escape its rich cultural heritage or the joys of engaging in bright and exciting local activities. However, despite the delights of living in or visiting New Orleans, you cannot escape the dangers that accompany a rich party culture.
If you’re a pedestrian harmed in a pedestrian accident in New Orleans, you are not alone. New Orleans is home to more pedestrian accidents than any other city in Louisiana, averaging 78 pedestrian accident victims per 100,000 residents. In New Orleans alone, traffic accident fatalities among pedestrians account for about 25 percent of traffic fatalities overall, double the national rate.
After a New Orleans pedestrian accident, you’re sure to be suffering. You may have many questions about what to do now to recover as quickly as possible from your injuries and losses and get back to life as usual. Below, we have answered some of the most frequently asked questions we receive regarding pedestrian accidents in New Orleans. If you have more questions, don’t hesitate to reach out to the legal team at Stewart J. Guss, Injury Accident Lawyers, for further help.
Q: What Do I Do After a New Orleans Pedestrian Accident?
A: It can be hard to initially know what you need to do to get back on your feet after a pedestrian crash. There’s no doubt that you’ll be feeling stressed out and probably a little disoriented. If a car hits you hard, you’ll suffer physical pain and emotional distress.
However, you should take a few important steps immediately after your accident to ensure that you can recover as smoothly as possible.
- Call an ambulance. First things first, you need to take care of yourself. Call an ambulance to make sure that you and anyone else who was injured get the medical support you need. Even if you don’t feel too badly, you should call an ambulance to be sure since some internal injuries don’t show up until later on when the initial shock from the crash has worn off.
- Call the police. If they aren’t already at the scene, you should reach out to the police and ask them to come to the scene and write a report. Police reports are crucial for providing information about how the accident likely occurred and who caused it. This evidence helps your lawsuit if you pursue one.
- Talk to witnesses. If possible, speak to witnesses who saw how the accident occurred. Ask them for their contact information, at the very least, and, if you have time, for a written statement of what happened while the memory is still fresh in their minds.
- Exchange insurance information. Ask the driver who hit you for insurance information so that you can seek compensation from their insurance company to help you pay for your damages.
- Take photos. If you have the capability, it’s a good idea to take photos of the accident scene. Pay close attention to any injuries or obvious property damage.
- Call your insurance company. You will be required to report your accident to your insurance company, regardless of who was at fault. Be sure that you don’t apologize or take responsibility for what happened in the crash, as that could jeopardize your chance of receiving compensation.
- Call our pedestrian accident lawyers. After a crash, reach out to a pedestrian accident lawyer in New Orleans as soon as you can. A lawyer will be crucial to your pursuit of just compensation for the injuries and damages you’ve suffered that aren’t your fault.
If you can remember these few steps, you will have a much better chance of a smooth recovery and a successful pedestrian accident case. But don’t worry if you forget anything—a pedestrian accident lawyer can help you fill in any gaps.
Q: Who Is Responsible for a Pedestrian Accident in New Orleans?
A: In general, you can expect that the car driver is responsible for a Louisiana accident. About 48.4 percent of all pedestrian crashes in New Orleans are caused by driver violations, with careless operation and failure to yield the most common factors causing accidents.
According to Louisiana law, the person most responsible for the accident is the person who should have to pay for the damages resulting from that accident. As a victim of a pedestrian accident, you likely have the right to claim that the driver is responsible for the crash and that they should offer you compensation for the injuries and other damages you have had to deal with.
You must prove four criteria to pursue an effective claim against a driver after your accident.
- The driver owed you a duty, such that any reasonable person could expect, to care for your safety and prevent any serious accident from causing you injuries.
- The driver breached that duty of care by acting carelessly or negligently.
- The driver’s negligence caused the accident.
- The accident led to severe injuries and other consequences for you, both personally and financially.
If you can prove that each of these four things is true, you can pursue an effective pedestrian accident claim and recover compensation for your damages.
Q: What Damages Do Pedestrians Get After an Accident?
A: When you’re in an accident, there are certain damages that you can claim in a pedestrian accident case. These damages include the causes of suffering that you and your family have endured directly due to the crash that wasn’t your fault. You can ask the driver responsible for causing these damages to pay you back in a settlement so that you don’t have to pay for expenses that you really shouldn’t have had in the first place.
The main types of damages pedestrians can recover following an accident include:
- Medical expenses for emergency room visits, procedures, surgeries, medication prescriptions, the purchase of medical equipment, ongoing therapy, etc.
- Property damage expenses, in some cases, to repair or replace any damaged property like a cell phone that you lost due to the crash.
- Loss of income from the time you need to take off of work to recover from your injuries.
- Loss of earning capacity if your injuries are severe enough that you can no longer work in the same position or capacity as you could before the accident.
- Pain and suffering in general.
- Emotional trauma or distress.
- Scarring, disfigurement, and humiliation from your injuries.
- Loss of life enjoyment.
- Loss of consortium with your loved ones.
In some cases, you might recover other damages as well. Talk to a lawyer as soon as you can after an accident to know exactly what damages you can and can’t include in your claim.
Q: How Do I File a Claim for My Pedestrian Accident?
A: Hire our pedestrian accident lawyers to take care of the complicated process for you. It may take a while, so you’ll want to start immediately.
Here’s how it will likely go:
- Call a lawyer for a free consultation. Your lawyer will ask you about your accident and help you determine the best steps forward.
- Meet with your lawyer in person. After the initial consultation, you and the lawyer will meet to go over your case in more depth and, if you both agree to work together, to sign the paperwork.
- Gather evidence. With significant help from your lawyer, you will gather evidence related to your case, such as medical records and bills, receipts for other expenses related to the accident, photos or video footage from the accident scene, the police report, and witness statements.
- Send a complaint. Your lawyer will draft a complaint letter to send to the responsible driver detailing all the losses you have suffered and asking for the compensation you deserve to pay for those losses.
- Receive a response. Within 21 or 30 days, depending on whether your lawyer asked for discovery in your case, the driver, also known as the defendant, will respond with either a settlement offer or a denial of your complaint.
- Gather evidence through discovery. In discovery, your lawyer will gather evidence from the defendant and interrogatories (written questionnaires) and depositions (private verbal questioning similar to those seen at court).
- Negotiate for a settlement. With your lawyer guiding the process, you will negotiate with the other side to settle agreeably. Your lawyer will set a range of possible amounts you could consider accepting in compensation, from the lowest you can accept to the highest they believe possible. Your negotiations will likely take place within that range.
- Go to court. If you and the defendant don’t reach a settlement and can’t continue negotiations, your lawyers may take the case to court.
- Receive a verdict. The judge and jury assigned to your claim will come up with a ruling on the case and give you the compensation you deserve.
- Take home your money. Your lawyer will help you get your settlement check, taking the percentage you agreed to pay them for their services. They will give you the rest to take home and use to pay off debts and get back to life as usual and accessible as possible.
Q: How Long Does a Pedestrian Accident Claim Take?
A: A pedestrian accident claim can take a long time, especially if you must go to court. The statute of limitations that governs pedestrian accident cases in Louisiana is only one year, and this means that you only have one year after the accident to file a claim in court. Once you file it, though, the case could take more time.
If you want to get your case done as quickly as possible, call a lawyer and be open to negotiations. Most claims settle out of court through negotiations. If possible, seek a fair settlement with the defendant before you have to take the case to court.
Q: Do I Need a Lawyer After a Pedestrian Accident?
A: Yes. Hire a lawyer to help you with your case. Our lawyers can support and guide you as you pay for medical bills and pursue compensation for those bills at the same time. Lawyers can talk to medical providers to explain the situation and help you avoid high-interest rates or late payment notices.
Lawyers will also help you determine the right compensation amount that you deserve based on the circumstances in your case. You can then confidently pursue that amount in negotiations and even in court. Most people who file claims with help from a lawyer end up with much larger settlements than those who file their claims.
Finally, lawyers will not take payment for their services until you win your case. They usually take a small percentage of your winnings as payment, so you don’t have to pay anything out of pocket.
For professional help with pursuing your claim and winning the compensation you deserve, get in touch with a New Orleans pedestrian accident lawyer at Stewart J. Guss, Injury Accident Lawyers, as soon as possible.
Your New Orleans Pedestrian Accident Attorneys
At Stewart J. Guss, Injury Accident Lawyers, we are familiar with the dubious tactics, tricks, and defense strategies drivers and their insurance carriers will use to avoid financial liability for your injuries. Our legal team is dedicated to aggressively pursuing justice, so you get fully compensated for your pedestrian accident and injuries.
The pedestrian accident lawyers of Stewart J. Guss, Injury Accident Lawyers are recognized in New Orleans and nationally for their client advocacy for more than 20 years. We can investigate the circumstances of your accident, handle communication with insurance companies, and focus on the minutiae of your case, while you stay focused on healing and recovery.
If you or a loved one sustained injuries in a pedestrian accident or any other traffic crash in the Greater New Orleans area, a pedestrian accident lawyer can help ensure your rights are protected through every stage of the claims process. Call our office right now for a free consultation! Because we take all of our personal injury cases on a contingency fee basis, you will not owe us a DIME unless we win your case. We are available 24 hours a day, seven days a week, so call us today at 800-898-4877 or contact us now by CLICKING HERE.
Stewart J Guss, Injury Accident Lawyers, New Orlean Office
See what past clients have to say:
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“Mr. Guss was wonderful. He fought hard against the insurance company to get us what we deserved. I went from owing almost $5000 in medical bills to actually getting money in my pocket. Absolutely Amazing!!!!! A big thank you from me and my family!!!”
Since starting his firm in 1999, Stewart J. Guss has had the honor of representing clients from all over the world, helping them recover from even the most catastrophic injuries.
Today, thanks to a strong belief in those values of compassion, respect, and approachability, the firm has grown to employ over 120 legal professionals in numerous offices across 4 states, with nationwide reach.