Pedestrians are far more vulnerable than many of their counterparts on the road. If you or a loved one are injured in a pedestrian accident in New Orleans, you must understand what steps to take to protect your right to compensation. A New Orleans pedestrian accident lawyer can walk you through the claims process and be your strongest advocate in and out of the courtroom.
Over the years, Sardi Isaza Law LC has helped countless Louisianans navigate complex injury claims after serious accidents on the road. As a local law firm, we know what to expect from Louisiana insurance companies and judges. From negotiating settlement terms out of court to navigating litigation, we’ve got you covered.
If you’re injured in a pedestrian accident and another party is to blame, you may have grounds to file a personal injury claim and recover damages for your losses. In Louisiana, you typically have two years to file a claim.
If the victim in a crash succumbs to their injuries, the rules for opening a wrongful death case are a bit different. It’s important to understand these nuances if you’re working to recover fair compensation after a pedestrian accident. The statute of limitations is typically shorter, and the type of evidence needed to prove your claim might be different.
Injured parties can pursue legal action to recover damages based on direct costs related to the accident as well as more abstract losses. Recoverable damages from pedestrian accident claims typically include:
There are an average of 1,400 pedestrian crashes a year across the state of Louisiana. If you’re in an accident in Orleans Parish or the surrounding areas, you must understand your rights and recovery options. A New Orleans pedestrian accident attorney can help.
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Drivers in Louisiana are required to carry minimum liability insurance, which covers damages in the event of traffic accidents. The state recognizes a no-pay, no-play rule. Under this law, injured drivers who don’t have the proper auto insurance are ineligible to recover the first $100,000 in injury and property damages.
It’s important to note that injured pedestrians do not need to have valid insurance to recover damages through an injury claim. Drivers, on the other hand, must carry minimum liability insurance. Otherwise, they can face serious penalties under Louisiana law.
If a pedestrian is hit by a driver without insurance, they can go through their own uninsured/underinsured motorist (UM/UIM) coverage to secure compensation. They still have the right to pursue legal action against the at-fault party, but it’s likely going to be harder to recover the appropriate damages.
Yes, Louisiana is an at-fault state for pedestrian accidents. It’s what is known as a modified comparative fault state. This means that if you’re injured in an accident and found partially at fault, your total settlement can be reduced by your percentage of fault.
Furthermore, you can lose the right to recover compensation after an accident if you’re the majority party at fault. This is why it’s critical to understand how to prove fault definitively after a traffic accident.
Pedestrians have the right-of-way in New Orleans depending on whether or not they are following the rules of the road. Typically, pedestrians have the right-of-way at marked and unmarked crosswalks as long as they’re abiding by the law.
Pedestrians are responsible for making safe decisions when on or near the road. They can be liable in an accident if they unexpectedly leave the curb in front of a vehicle even if they’re at a crosswalk.
How much you can recover through a pedestrian accident claim in New Orleans can vary depending on the details of the case. Typically, you can recover economic and non-economic damages based on the scope of your losses through a pedestrian accident claim.
However, you may face limits on compensation for losses like pain and suffering if you’re filing a claim against a government entity or official. Louisiana imposes a $500,000 cap on non-economic damages in these cases.
No, you do not have to go to court for a pedestrian accident claim in New Orleans. Many cases settle out of court, which typically involves negotiating directly with the at-fault party and their insurance provider.
If negotiations fail, you can attempt mediation or arbitration before resorting to litigation. If the case does go to court, you can expect to go through the Orleans Parish Civil District Court or the U.S. District Court for the Eastern District of Louisiana.
The legal professionals at Sardi Isaza Law LC have successfully recovered millions for our clients over the years, earning the trust and respect of countless Louisianans.* We’ve also built a great reputation among clients and peers alike, featuring:
If you’re injured after a traffic accident in Orleans Parish or surrounding areas, hire a pedestrian accident lawyer from Sardi Isaza Law LC. Our team will start gathering the information you need to file a claim and make a full recovery. We take the time to be available to you when you need us. Plus, we can handle your case in both English and Spanish.
Our team serves our clients across the United States from two offices in Louisiana. One is nearby in Metairie, conveniently close to I-10 and I-610. Our other office is in Baton Rouge. Call us to schedule a consultation with a team member today.
*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.
**Awards and recognition are not guarantees of future results. Selection criteria vary by organization.
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