How Are Pedestrian Accident Claims Investigated in Louisiana?

Pedestrian accidents often result in some of the most serious injuries we see.

Unlike occupants of a vehicle, pedestrians have very little protection when they are struck by a car, truck, or SUV. Because these cases frequently involve catastrophic injuries, it is important to begin gathering evidence as quickly as possible.

If we represent an injured pedestrian, our job is to establish how the accident occurred, determine who was responsible, and document the full extent of our client's injuries and damages.

Gathering Evidence Early Matters

Evidence has a way of disappearing quickly after an accident.

Skid marks fade. Surveillance footage is overwritten. Witnesses move away or forget important details. Lighting conditions change, construction zones disappear, and accident scenes rarely look the same weeks or months later.

For that reason, one of the first things we do in a pedestrian accident case is gather as much information as possible regarding how the collision occurred.

That investigation may include reviewing photographs and videos, visiting the accident scene, speaking with witnesses, and examining roadway conditions. In some cases, we may also send preservation letters requesting that businesses or individuals preserve surveillance footage or other evidence that could otherwise be lost.

Police reports are often an important part of the investigation as well. They frequently contain witness information, observations about the scene, statements from the parties involved, and insurance information for the driver.

Environmental conditions can also become important evidence in pedestrian accident cases. Issues such as darkness, rain, fog, poor lighting, obstructed views, or malfunctioning traffic signals may all play a role in determining fault.

Building the Case

No two pedestrian accidents are exactly alike.

Every case requires an individualized investigation to determine exactly what happened and why.

As evidence is gathered, we work to ensure that the insurance company understands not only the nature of our client's injuries, but also the evidence establishing liability against the driver involved.

Sometimes an insurance company's initial understanding of the accident changes significantly once additional evidence is uncovered.

Documenting Injuries and Damages

Proving fault is only one part of the case.

It is equally important to document the ways the accident has affected our client's life.

Medical records, billing records, diagnostic studies, and physician opinions help establish the nature and severity of the injuries as well as any future treatment needs or permanent limitations.

When injuries prevent someone from returning to work, we also gather information regarding lost wages, lost benefits, and potential loss of future earning capacity.

Other damages are more difficult to measure but no less important. Pain and suffering, emotional distress, disability, and loss of enjoyment of life are often significant components of a serious pedestrian injury claim.

What If the Pedestrian Was Partially at Fault?

One question we hear frequently is whether an injured pedestrian can still recover compensation if they were partially responsible for the accident.

In Louisiana, the answer is often yes.

Louisiana follows a system known as comparative fault. Under this system, an injured person may still recover damages even if they were partially responsible for causing the accident. Any recovery is simply reduced by that person's percentage of fault.

For example, imagine a pedestrian crossing outside of a marked crosswalk at night while a driver approaches at an excessive speed and fails to keep a proper lookout. A jury may decide that both parties share some responsibility for the collision.

If the pedestrian is found to be 20% responsible and the driver 80% responsible, the pedestrian's recovery would generally be reduced by 20%.

Comparative fault issues arise frequently in pedestrian accidents, which is one reason these cases often require a detailed investigation.

Have You Been Injured in a Pedestrian Accident?

If you or a family member has been injured in a pedestrian accident or crosswalk collision, we would be happy to answer your questions and discuss your options during a free consultation.

Call our office at 985-590-6182 to learn more.

We represent clients throughout St. Tammany Parish, Tangipahoa Parish, Washington Parish, and communities across the Northshore including Covington, Mandeville, Slidell, Hammond, and Madisonville.