Pedestrian Accident Lawyer Baton Rouge

pedestrian crossing the zebra

Pedestrian accidents occur when a motor vehicle collides with a person traveling on foot by walking or running. According to the Governors Highway Safety Association, there were 73 pedestrian fatalities in Louisiana in 2020, but that number rose to 88 in 2021, a staggering 20.55 percent increase. In 2020, pedestrians accounted for about 17 percent of car crash deaths nationally. If you are a pedestrian who was injured in an accident, Murray & Murray LLC can remove the stress of your personal injury case and help you get the compensation that you deserve for your injuries, emotional distress, and other damages. 

Pedestrian Accident Injuries

Cars offer a protective barrier around occupants, but pedestrians have no protection, which makes them more vulnerable to serious injuries. Cars also have a lot more mass than a pedestrian.

Broken Bones

Among the most common types of bone fractures that a pedestrian accident victim suffers are tibia-fibula fractures, followed by pelvic fractures and femur fractures. Fractures in the legs and arms were found to be caused by a direct hit to the body, whereas pelvic fractures are caused by the force of the body twisting or “buckling” under the pain or lack of stability from other bone fractures. 

Back And Spine Injuries

Back and spine injuries are extremely common when a pedestrian has been hit. The back is made up of different muscle groups, 24 vertebrae and the spinal cord, which is a long column of nerves that run down the center of the back. These nerves communicate with the rest of the body to control muscles and movement. When the nerves are severed, the person loses voluntary control of the muscles from the point of injury and below. 

Traumatic Brain Injuries

Traumatic brain injuries (TBI) can be open or closed. Open TBI involves something puncturing or penetrating the skull. In a pedestrian accident, debris can penetrate the skull, or the victim falling onto the pavement can suffer a fractured skull. Closed TBI is caused by the rapid forward or backward movement or shaking of the brain inside the skull, bruising and otherwise injuring the brain tissue and blood vessels. 

Skin Injuries

Road rash is a type of skin abrasion caused by the friction of the skin against pavement or other hard surfaces after the victim has been hit. Road rash can be extremely painful depending on the severity of the injury. In extreme cases, a skin graft will be necessary to help the victim, and they will need intensive care to prevent sepsis. Less severe cases will require antibiotics, topical treatments, and pain medication. Road rash can severely limit a person’s range of motion while their skin is healing. Depending on the severity of the injury, road rash can take up to two or three months to fully heal.

What to Do After a Pedestrian Accident in Baton Rouge, LA

After your pedestrian accident, immediately call 911 or ask a bystander to make the phone call for you. Request that the police come to the scene of the accident. When the police arrive, they will ask for a statement. Provide them with what you recall seeing and hearing just before the accident.

Exchange contact information with the driver who hit you. Make sure to get their name, phone number, email address, address, driver’s license number, and auto insurance information. You should also collect the contact information of any witnesses of the pedestrian accident.

Accept medical treatment from the paramedics or EMTs who respond to your pedestrian accident. Then go to the nearest emergency room to be treated for your injuries. Do not deny help at the scene of the accident.

If you are able to, take photos and videos at the scene of the accident. If you cannot, then you should ask a witness to take the photos for you and be sure that you have their contact information. Include the street signs, the vehicle and spilled belongings (e.g., purse, bike, stroller), speed limit signs that are nearby, and any other details that can help explain what happened.

Do not argue with the driver of the vehicle, even if you are incensed. Let your attorney do the fighting for you in settlement negotiations. Don’t apologize for anything for make any accusations. You want your encounter with the driver to be brief and to the point. Despite how you may be feeling at the scene of the accident, the insurance company will use what you say against you in your personal injury case. Instead, call Murray & Murray LLC  and let us do the talking for you.

Liability in a Pedestrian Accident Case

Liability in Baton Rouge, LA pedestrian accidents are determined based on an investigation. According to LA Rev. Stat. § 32:212, pedestrians have the right of way on marked crosswalks. Pedestrians must use a traffic/pedestrian signal if one is provided or if they are in a business district. When a pedestrian is using a crosswalk, drivers are required to yield to them when traveling or turning. 

A pedestrian may be found liable for an accident if they were walking on the road rather than on a sidewalk if a sidewalk is provided along a stretch of road. Otherwise known as jaywalking, walking outside of crosswalks puts pedestrians in danger and adds an unexpected risk to drivers. Unlawfully crossing a roadway outside of a marked or unmarked crosswalk without yielding to oncoming traffic will make you liable for your accident.

FAQ

These are some of the most common questions about pedestrian accidents that our Baton Rouge, LA personal injury lawyers receive.

How long do I have to file a pedestrian accident claim in Baton Rouge, LA?

The statute of limitations for personal injury cases in the state of Louisiana is one year from the date of the accident. A statute of limitations is a legal deadline for filing a personal injury claim. Once the deadline has elapsed, there is no legal recourse for you, no matter how strong the evidence is. This is one of the reasons why you should call the personal injury lawyers at Murray & Murray LLC of Baton Rouge, LA right away.

How soon should I contact a Baton Rouge, LA attorney?

In order to maximize your chances of getting the most compensation from your Baton Rouge, LA pedestrian accident, you should seek medical treatment right away and no later than two weeks after your accident. Hire a personal injury attorney within one month of the accident. The sooner you get started with your personal injury case, the sooner you can get your settlement and put this horrible accident behind you.

Insurance companies are always looking for signs of fraud, so delaying medical treatment or filing your claim will raise red flags for them. They work on the assumption that if someone is truly injured, then they will rush to the nearest hospital to seek relief for their pain and suffering. When a victim of an accident delays reporting their injuries, the insurance companies argue that the delay was because the claimant was not as injured as they say they were and do not have a valid claim.

Even though you have up to one year to file your Baton Rouge, LA personal injury claim under Louisiana personal injury law, your case will be stronger if you reach out to Murray & Murray LLC today. We will bring you in for a complementary case evaluation. Once we establish that you have a valid claim, we begin investigating your case. We offer indefatigable representation to Baton Rouge, LA victims of pedestrian accidents, and we are ready to assist you.

What kind of damages are available to victims of pedestrian accidents?

Victims of pedestrian accidents can recover economic damages and non-economic damages. Economic damages compensate you for your financial losses, such as your medical expenses, lost wages and future lost earning potential. You may have had to rely on grocery delivery services or child care services while you recover, so those expenses will also be included in your damages. Non-economic damages compensate you for non-financial losses, such as the loss of the use of an organ or limb or loss of enjoyment of life since you sustained your personal injury. Pain and suffering are the most common types of non-economic damages.

What are the causes of pedestrian accidents?

The most common causes of pedestrian accidents are:

  • Distracted Driving
  • Failure to signal before turning
  • Failure to yield the right of way to pedestrians at crosswalks
  • Ignoring weather or traffic conditions
  • Speeding
  • Violating traffic laws, signs or signals

How An Attorney Can Help You

When you have been injured in a Baton Rouge, LA pedestrian accident, you need tenacious and compassionate legal advocacy. Call Murray & Murray LLC today at (225) 396-5143 to schedule your free case evaluation with us. We welcome you to bring the following documents to your initial consultation:

  • The police report
  • The contact information for the driver who hit you
  • The contact information for witnesses, if any
  • Your medical records and bills
  • Work pay stubs so we can calculate your lost wages
  • Photos or videos from the scene of the accident
  • A journal with your version of the events that happened on the day of your accident 

Upon determining that you have a valid case, we launch an investigation into your Baton Rouge, LA pedestrian accident to determine the liable party and to negotiate with the insurance company. We visit the scene of the accident, interview witnesses, and call in expert witnesses to fortify your case. We are determined to provide you with the dedicated advocacy you need to obtain compensation for your losses. We provide customized counseling to maximize your compensation. Our goal is to help you obtain the compensation that you deserve so that you can put the accident behind you. Call us today to start the process of recovering your damages.