How can a pedestrian sue a driver who hit them in Zachary?
Zachary, LA – Many motor vehicle accidents in Louisiana and other states involve pedestrians instead of other vehicles. The victim of the driver’s negligence has the option of taking legal action to try to get financial help and hold the person responsible for their actions. However, there are also some legal doctrines that come into play based on negligence that may require legal help to understand before bringing a case.
Factual determinations
Lawsuits for accidents involving pedestrians will depend a lot on the specific facts surrounding the incident. For example, if a pedestrian suddenly ran out into the road in an area with no crosswalk, it may be difficult to argue that the driver was at fault. However, if the driver was acting carelessly or recklessly and hit a pedestrian who had the right of way at an intersection, then it is much more likely that the victim will be able to collect money from the driver.
Louisiana’s comparative negligence laws
Based on the state’s system of comparative negligence, it is possible that both the pedestrian and the driver are partially at fault. The comparative negligence system can divide fault for the incident to equal one hundred percent between all parties involved. This means that if the pedestrian was somewhat or even mostly at fault for the accident, they may still attempt to bring a lawsuit. Their damages are only reduced relative to their amount of fault rather than losing the ability to sue altogether. A review of the evidence with an attorney is a good way for anyone considering a lawsuit to receive advice regarding how comparative negligence may affect the outcome of the case.
Calculating damages and losses
One of the most important aspects of any civil negligence case is for the victim to determine their exact losses created by the situation. In the case of pedestrian accidents, the victim may need to be transported to the hospital and receive various kinds of treatment. Even minor or moderate injuries can quickly add up to thousands of dollars in medical costs for emergency care and recovery. In addition to medical bills, it is possible that the victim may not be able to work as normal for an extended period of time. These lost economic opportunities can be factored into damages as well. There is another aspect of damages that is not tied to economic losses, where the victim is compensated for their pain and suffering as well.
Assistance with car crash lawsuits
Accident lawyers who help clients in the Zachary area are able to provide more information about lawsuits and settlements. Miller, Hampton, and Hilgendorf is a trusted resource for accident victims in Louisiana.
Firm contact info:
Miller, Hampton, and Hilgendorf
3960 Government St., Baton Rouge, LA 70806
225-343-2205
www.mlhlaw.com
