Lake Charles Pedestrian Accident Lawyer
Pedestrians struck by motor vehicles face severe injuries, mounting medical bills, lost wages, inability to carry out their day-to-day activities, and the possibility that their lives are forever altered. If a driver or other negligent party caused your injuries, partner with a Lake Charles pedestrian accident lawyer at Shamieh Law so we can help you fight for fair compensation for your economic and non-economic damages.
Pedestrians have little to no protection when struck by motor vehicles, so accidents often result in severe injuries or death. When these accidents are caused by negligent drivers, pedestrians and their families can seek legal compensation.
Dealing with insurance companies eager to minimize payouts only adds stress to pedestrian accident lawsuits. You need an experienced pedestrian accident attorney to represent you and stand up for your rights. Schedule your free consultation with Shamieh Law by calling (337) 477-7222 or filling out our online contact form.
How Common Are Pedestrian Accidents in Lake Charles?
In 2023, there were 8 pedestrian deaths and 54 pedestrian injuries in Calcasieu Parish traffic accidents. A recent study of pedestrian accidents in Louisiana showed that Calcasieu Parish had the second-highest rate of pedestrian crash fatalities and the fourth-highest rate of severe pedestrian injuries in the state.
Pedestrians with minimal protection are often hit by impaired drivers or those not paying attention to the road, leaving them with severe injuries. For example, negligent drivers may fail to check for pedestrians before entering crosswalks. Almost 50 percent of Louisiana pedestrian accident deaths involve alcohol.
Why Hire a Lake Charles Pedestrian Accident Lawyer if I’m Hit by a Car?
Our skilled attorneys at Shamieh Law have significant experience handling the legal aftermath of car accidents with pedestrians. We have a strong track record of successfully negotiating with insurance companies and providing high-quality legal counsel and representation.
You need an attorney who understands your challenges and takes as much pride in helping you recover fully from your injuries as they do in winning. To us, every client is family, and we ensure their claims receive the high-quality, personalized attention they deserve.
Our “Winning With Awareness” philosophy means fighting for our clients while treating everyone in the claims process with respect and compassion. Our strong history of positive case results shows that this approach to the law works.
What Are the Most Common Causes of Pedestrian Accidents?
Pedestrian accidents are very dangerous. Multiple factors can cause these incidents, including:
- Distracted driving
- Speeding
- Driver intoxication
- Failure to yield the right of way
- Poor road conditions and bad weather
- Jaywalking
- Pedestrian inattention
It is essential to follow all pedestrian traffic laws and take other precautions to ensure safety. This will protect your well-being, as well as your right to compensation in the event of a pedestrian accident. For example, though it is not illegal to text and walk, defendants can still argue that your inattention contributed to your damages.
How Much Is a Pedestrian Accident Worth in Lake Charles?
It is difficult to say precisely how much compensation you can get in a pedestrian accident case. Damages depend on the extent and severity of your injuries and how the accident otherwise impacted your life. Some cases may be worth thousands of dollars, and others may be worth multiple millions. Pedestrian accident victims may be compensated for things like:
- Current and future medical and rehabilitation costs
- Lost wages and future earnings
- Costs of modifying your vehicle or home to accommodate your injuries
- Home nursing or aide costs
- Pain and suffering
- Emotional distress
- Loss of consortium
- Disfigurement and scarring
- Funeral and burial expenses
- Loss of companionship, support, and advice
Louisiana allows exemplary damages, also known as punitive damages, in cases involving intoxicated drivers. Your attorney must show that the other party’s intoxication caused the accident and that they acted with “a wanton or reckless disregard for the rights and safety of others.” Our knowledgeable Lake Charles car accident lawyers will push for these damages when they are available.
Common Injuries in Pedestrian Accidents
Car accidents with pedestrians often result in severe and even fatal injuries. In addition to injuries caused by the immediate impact of the vehicle, victims may also slide across rough pavement or be thrown into nearby objects. Common injuries in pedestrian accidents include:
- Broken and fractured bones
- Head injuries
- Traumatic brain injuries
- Internal bleeding
- Organ damage
- Back and neck injuries
- Burns and road rash
- Puncture wounds and cuts
- Emotional trauma
- Wrongful death
Your injuries may be more severe if you were hit by a heavy vehicle such as a truck. Our truck accident lawyers in Lake Charles can help you pursue damages that reflect the extreme nature of your injuries and their impact on your life.
Even if you do not think you were seriously injured, you should seek a medical evaluation as soon as possible after a pedestrian accident. Many injuries manifest hours or even days after an accident, and documenting them early on is the best way to preserve evidence for your pedestrian accident claim.
Who Could Be Held Liable in a Pedestrian Accident Lawsuit?
Multiple parties can be liable for pedestrian accidents. Possible responsible parties include:
- The driver of the vehicle that struck you
- Another driver who caused the accident, such as one that pushed a car into you
- An establishment that over-served alcohol to the driver
- Car manufacturers
- Rental agencies
- Taxi companies
- Rideshare services
- Private businesses, such as a construction company that created a hazard
- Government agencies
Pedestrians themselves may also hold some liability for an accident. For example, walking while impaired or not using a crosswalk could affect how much a pedestrian hit by a car can collect in an accident claim.
Louisiana uses a pure comparative negligence standard when determining who pays damages in a personal injury case. You can pursue compensation even if your negligence was the primary cause of your injuries. However, your percentage of fault reduces your compensation. For example, if you receive $1 million in damages but were 40 percent responsible for your injuries, your compensable damages are reduced to $600,000.
What Evidence Might Help My Pedestrian Accident Lawsuit?
You will need to prove the at-fault party’s liability by a preponderance of the evidence to secure compensation through a pedestrian accident lawsuit. Important evidence in your case may include things like:
- Medical records – Your medical records present a picture of your injuries and the road to physical recovery. Keep copies of any bills you receive related to your treatment. Your attorney can help secure estimates of future costs, such as rehabilitation or assistive medical devices.
- Pictures and videos – Photographs and videos of the vehicle that hit you, your injuries, road conditions, and signs or crosswalks indicating your right of way all help establish the other party’s liability and your damages.
- Witness statements – Statements from witnesses help paint a picture of how your accident unfolded. If you can’t get these at the scene, your attorney can contact witnesses while their memories are fresh.
- Police reports – Official police reports document accidents and circumstances in detail and may indicate if the officers took steps to determine if the driver was intoxicated.
- Traffic and security camera footage – While not available in all cases, surveillance camera footage from nearby businesses or dash cams can help establish fault.
- Fleet vehicle maintenance records – If you were hit by a poorly maintained rental car, a company vehicle, or a city bus, maintenance records may show that the fleet owner is at least partly responsible for your crash.
You may be able to gather some of this evidence at the scene. However, call 911 before doing anything else. Your health comes first. If there is evidence you cannot secure, your pedestrian accident attorney can help.
Our Lake Charles personal injury lawyers know how to build a strong pedestrian accident lawsuit. Our firm has a trusted network of accident reconstructionists, medical experts, and other professionals who can help us compile strong evidence to substantiate your cases.
How Long Do You Have to File a Pedestrian Accident Lawsuit in Lake Charles?
The Louisiana statute of limitations for personal injury claims is one year from the date of injury. This is a very short deadline compared to other states, so you should quickly partner with an experienced pedestrian accident lawyer to make sure your case gets off on a strong footing. If you miss the deadline, your case will most likely be dismissed in court.
Louisiana has some exceptions to the statute of limitations, such as in cases involving minors. However, there is no guarantee a judge will grant you more time.
Your best course of action is to give your attorney plenty of time to investigate your case thoroughly. Acting quickly can also prevent insurance companies from forcing quick, lowball settlements or delaying negotiations because they know you are running out of time to file your lawsuit.
Contact Our Lake Charles Pedestrian Accident Lawyers Today
Our award-winning attorneys have the experience, expertise, work ethic, and communication skills needed to pursue full and fair compensation in settlement negotiations and court. We are here to help people like you and your family fight for justice and accountability from negligent drivers.
If you have questions about your pedestrian accident or are ready to file a claim, schedule your free consultation today by calling (337) 477-7222 or filling out our online contact form.
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