New Orleans is renowned for its vibrant street life and historic neighborhoods, attracting locals and tourists who enjoy exploring areas like the French Quarter and Garden District on foot. However, these bustling areas can pose risks to pedestrians, where accidents sometimes occur, potentially resulting in severe injuries.
If you’ve been involved in a pedestrian accident in New Orleans, our team at Dudley DeBosier can support your fight for justice. Our skilled pedestrian accident attorneys have the experience needed to guide you through the legal process and help you secure the compensation you deserve for your injuries.
Understanding Pedestrian Accidents
Pedestrian accidents are an unfortunately common occurrence in New Orleans, ranging from injury accidents to tragic fatalities. In 2023, Orleans County saw 18 pedestrian deaths and 335 injuries. Many of these accidents happened at night, with 12 of the 18 deaths occurring between 6 p.m. and 12 a.m.
The most common causes of pedestrian accidents in New Orleans include:
- Distracted driving, such as texting or talking on the phone
- Drivers failing to yield the right of way to pedestrians
- Excessive speed or reckless driving
- Drivers and pedestrians under the influence of alcohol or drugs
- Poorly lit streets or lack of designated pedestrian infrastructure
- Pedestrians crossing outside of crosswalks, not seen by inattentive drivers
Steps to Take After a Pedestrian Accident
Taking the proper steps can help ensure your safety and strengthen your case if you’ve been involved in a pedestrian accident. Take the following actions:
- Check for Injuries: Check yourself for injuries and contact 911 for immediate assistance. Even if you feel fine, seek medical attention to rule out hidden injuries that might manifest later, such as a head injury. This step protects your well-being and provides documentation of your injuries for legal claims.
- Document the Scene: Capture clear photos of the accident location, vehicles involved, visible injuries, and environmental conditions like poor lighting or obscured traffic signs. Also, take photos of nearby traffic cameras or storefronts; your attorney can investigate and obtain footage of the accident to support your claim.
- Report to the Police: In Louisiana, you’re required to report accidents involving injuries. Contact the police to report the incident and get a copy for insurance and legal processes.
- Gather Information: Collect contact and insurance details from the driver and get the names and phone numbers of any witnesses. Your attorney can contact them later for a statement to understand what happened to build your case.
- Contact an Attorney: Consult with a pedestrian accident attorney from Dudley DeBosier to discuss your compensation options and manage the legal details of your case.
Determining Liability in Pedestrian Accidents
Louisiana uses pure comparative fault to determine liability and compensation. Under this concept, you may share liability in an accident, but this percentage of fault reduces your compensation.
We can identify who’s responsible for your injuries in a pedestrian accident and reduce the fault assigned to you. For example, we can prove that the driver was negligent or distracted using video footage or witness statements. If poor road conditions or broken traffic lights played a role in the accident, we could also hold the city accountable.
If the opposition claims that your actions, such as wearing dark clothing or using your phone, contributed to your injuries, we can counter this by emphasizing the driver’s responsibility to remain vigilant and watch for pedestrians. This defense strategy aims to reduce your liability and potentially increase the compensation you may receive.
Recovering Compensation for Pedestrian Accidents
Our skilled team at Dudley Debosier is dedicated to securing all the compensation you are entitled to after being injured by a negligent driver, which may include:
- Medical expenses
- Recovery of lost wages
- Pain and suffering damages
- Long-term care costs
- Loss of enjoyment of life compensation
- Wrongful death benefits, such as funeral costs and loss of consortium
We evaluate medical expenses, lost wages, and anticipated future healthcare costs to determine your total damages. There are many strategies we might employ to find the appropriate dollar amount. For example, when calculating compensation for pain and suffering, we might apply a multiplier, ranging from 1.5 to 5, to your special damages. This multiplier varies based on the severity of your injuries and their impact on your life.
Your attorney will file a thoroughly documented claim to negotiate a fair settlement with the insurance companies. If a satisfactory agreement cannot be reached, we are prepared to take the matter to court to seek damages from a judge and jury.
Importance of Hiring a New Orleans Pedestrian Accident Lawyer
In cases like pedestrian collisions, experienced legal support is critical to defending your rights and shielding you from inadequate settlement offers. Our team will manage all communications with insurance adjusters to ensure you avoid any missteps that could harm your claim.
With our decades of experience and track record of favorable settlements for clients, we know how to build a strong case on your behalf. We gather all available evidence, file claims promptly, and won’t back down until the other side agrees to a settlement that fully compensates you for your losses.
Additionally, our fee is contingent on the outcome of your case, so you can focus on your health during this time.
Contact Our Law Firm for a Free Consultation
If you’ve been injured in a pedestrian accident in New Orleans, know that you’re not alone. Let Dudley DeBosier be your compassionate guide through this challenging time. Our team can assess your situation, calculate the compensation you deserve, and fiercely advocate for your recovery. We understand the emotional and physical toll of your experience and are committed to supporting you every step of the way. Contact us today for a free consultation.
