Baton Rouge Pedestrian Accident Attorney

Pedestrian Accidents: A Growing Problem in Baton Rouge

According to a 2022 report analyzing pedestrian fatalities across the United States, Louisiana is the sixth most dangerous state in the country for pedestrians. Additionally, Baton Rouge is not only the most dangerous city in the state, but it also ranks as the 11th most dangerous city in the U.S. for pedestrians.

The Louisiana Highway Safety Commission has noted that since the start of 2020, East Baton Rouge Parish has logged 16% of the state's total pedestrian deaths. The areas in Baton Rouge where pedestrian accidents are most common include downtown, the areas along Interstate 110 up to where the interstate crosses with Airline Highway, near the LSU campus, and the Gardere area.

Common Pedestrian Accidents Injuries

Pedestrian accidents often result in very serious injuries. Unlike motorists, pedestrians do not have anything to protect them from the impact of a collision. As a result, they are more likely to get hurt.

Common injuries suffered in pedestrian accidents include:

• Broken bones
• Head injuries
• Neck injuries
• Spinal cord injuries
• Soft tissue injuries
• Wrongful death

Who Has the Right-of-Way?

Motorists in Louisiana have a legal duty to yield the right of way to pedestrians in many situations. This means that if a motorist has a reasonable opportunity to avoid hitting a pedestrian, they must do so.

This is true even if the motorist has the right of way. For example, a motorist who is making a right turn at an intersection may have the right of way, but they still must yield to any pedestrians who are crossing the street.

Pedestrians also have a legal duty to exercise reasonable care and avoid putting themselves in harm’s way. This means that if a pedestrian sees a vehicle approaching them, they must take reasonable steps to avoid getting hit. If a pedestrian fails to exercise reasonable care and gets hit by a vehicle as a result, their compensation can be reduced or eliminated under Louisiana’s comparative negligence laws.

What If I'm Being Blamed for the Accident?

When a pedestrian accident occurs, the motorist is often quick to blame the pedestrian. They may argue that the pedestrian was not paying attention to the road, or that they were walking where they shouldn't have been.

If you are being blamed for a pedestrian accident, you may still be able to file a claim for compensation. However, your compensation may be reduced under Louisiana’s comparative negligence laws.

Under Louisiana’s comparative negligence laws, an injured pedestrian can recover compensation from the at-fault party as long as they are not more than 50% at fault for the accident. If the pedestrian is less than 50% at fault for the accident, their compensation will be reduced by their percentage of fault.

For example, if the pedestrian is 10% at fault for the accident, their compensation will be reduced by 10%. If the pedestrian is more than 50% at fault for the accident, they will be barred from recovering compensation.

How Much Is My Pedestrian Accident Claim Worth?

If you were hurt in a pedestrian accident, you may be entitled to compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• And more

The value of your claim will depend on a number of factors, including the severity of your injuries and the amount of insurance coverage that is available. Our pedestrian accident lawyers at Doran & Cawthorne can review the facts of your case and give you a better idea of how much your claim is worth.

How Long Do I Have to File a Claim?

If you have been injured in a pedestrian accident, you only have a limited amount of time to file a claim for compensation. In Louisiana, the statute of limitations for personal injury claims is one year from the date of the accident.

If you fail to file a claim within this one-year time period, you will be barred from recovering compensation for your injuries and other losses. This is why it is so important to contact a pedestrian accident attorney in Baton Rouge as soon as possible if you have been injured in an accident.

To schedule a free consultation with our pedestrian accident lawyers in Baton Rouge, call our office at (337) 222-3526 or contact us online today.