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Pedestrian Accident Legal in Metairie, Louisiana
Motorists have a legal duty to share the road with pedestrians. But as we all know, not every driver takes that duty seriously. Each year we see thousands of accidents nationwide where a pedestrian is struck by a vehicle. These accidents are frequently catastrophic–if not deadly–for the pedestrian involved.
Under law, any accident victim has the right to seek compensation for injuries arising from negligent conduct. This applies to pedestrians as well. So if you have been injured while simply trying to cross the street, it is best to speak with a qualified Metairie pedestrian lawyer as soon as possible to learn more about your legal options.
Are Cars Always Responsible for Pedestrian Accidents?
One of the most common scenarios for a pedestrian accident is when a vehicle strikes a person who is lawfully in a marked crosswalk. In this scenario, the motorist is almost always at-fault. Similarly, if a vehicle hits a pedestrian who is in a designated “safety zone,” such as an area for loading and unloading buses, the motorist is almost certainly legally responsible.
But these are not the only situations where a pedestrian accident can occur. Indeed, there are pedestrian accidents that do not even involve moving vehicles. A pedestrian can be injured by any of the following types of negligence:
- A pedestrian is hit by a vehicle, such as bicycle or skateboard, while on the sidewalk
- A pedestrian is hit by a runner, jogger, or another pedestrian who is distracted and not looking where they are going.
- A pedestrian is knocked over by someone else’s unleashed or uncontrolled dog.
- A pedestrian is hit by another person opening a car door.
- A pedestrian is injured by a hazardous condition while walking, such as a crack in the sidewalk.
Regardless of the type of accident, a pedestrian is entitled to compensation if they can prove what happened was due to someone else’s negligence. This means that the defendant violated some duty of care owed to the pedestrian, such as a duty to obey local traffic laws, or a city’s duty to keep repairing its sidewalks in a timely manner.
The Available Damages in a Pedestrian Accident Lawsuit
Every pedestrian accident case is different. Some people may only sustain minor cuts and bruises, while others are hospitalized with more serious, life-threatening injuries. There is also the trauma of the accident itself, which may cause pain and suffering even long after the victim’s physical wounds have healed.
For this reason, the law allows a court wide discretion in awarding compensation to the victim of a pedestrian accident. Damages in these cases are classified as either economic or non-economic. Economic damages reflect a measurable financial loss, including the victim’s medical bills and lost wages. Non-economic damages must reasonably reflect the victim’s pain and suffering and overall loss of enjoyment of life.
A qualified pedestrian accident lawyer can provide you with more precise guidance of how the law works in this area. Contact the Law Firm today to schedule an initial consultation.
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