Even if you make sure to cross the street in crosswalks and keep an eye out for oncoming traffic, you may still be at risk of serious harm if a motor vehicle driver fails to pay attention while behind the wheel. Anyone struck by a reckless or careless driver could have the right to file suit against them and seek restitution for the harm they experienced.
If you want to give yourself the best chance of a favorable case resolution, working with a Ponchatoula pedestrian accident lawyer familiar could be the ally you are looking for. With a seasoned personal injury attorney on your side, you could confidently move forward with your claim while still focusing on your physical recovery.
Many people may assume that drivers who strike pedestrians are always legally at fault for the accident and any ensuing damages. While it is common for liability to fall primarily on the driver in this type of scenario, this is not always the case.
No matter what circumstances lead to someone sustaining wounds, the injured person must demonstrate negligence by the defendant in their claim to potentially receive damages. This entails proving that the defendant engaged in a behavior that served as a direct violation of their implicit duty of care and that it caused the incident that directly led to the losses for which the plaintiff is demanding compensation.
A person who is partially responsible for their accident involving a motor vehicle may be subject to a reduction in their final damage award based on their percentage of fault, according to Louisiana Civil Code §2323. An example of this could be if the claimant stepped out into the road suddenly or did not cross at a crosswalk. A knowledgeable Ponchatoula pedestrian injury attorney could analyze these percentages and how it could possibly impact a claim’s outcome.
Another determining factor of state civil law that claimants should be aware of is the statute of limitations codified in LA Civ. Code §3492. This statute sets an effective filing deadline of one year for litigation. This period begins either when an injury physically occurs or when the claimant discovers—or reasonably should have discovered—they were hurt due to the negligence of the other party in the incident.
The applicable filing period for people in the area is much shorter than those in many other places, so it is especially important to take prompt action in response to an injury like this. Seeking help from a skilled pedestrian accident attorney in Ponchatoula as soon as possible after a pedestrian crash could be key to achieving a favorable case result.
Even if a car collides with a pedestrian at a relatively low speed, the repercussions of that impact can still be catastrophic for the unprotected latter party. Injuries from these incidents could take months to heal properly, and more substantial damage could have permanent, life-altering effects.
Consulting a dedicated Ponchatoula pedestrian accident lawyer could make the difference in how your case transpires and whether it ultimately concludes in your favor. Schedule your initial consultation today to learn about your legal options.
Parker Layrisson Law Firm