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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 Trust Guss Injury Lawyers, for further help.
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.
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.
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:
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.
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.
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.
These include:
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.
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:
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 Trust Guss Injury Lawyers, as soon as possible.
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