When we take on a pedestrian accident case, we get right to work gathering evidence in order to establish negligence (who is at fault) and determine the extent of our client’s injuries and damages. If we represent an injured pedestrian, it is our job to prove that the other person was at fault in causing the accident.
Gathering Evidence
It is much easier to gather evidence immediately after an accident than weeks or months later. Tire marks vanish, surveillance video is deleted, and witnesses disappear. That’s why it is so important to consult with an experienced pedestrian accident attorney as soon as possible after an accident.In most cases, even before an accident report is available, we gather as much information as possible as to how the incident occurred. This involves talking with potential witnesses, visiting the accident scene, and studying photos and video of the incident. In some cases where we believe evidence may be destroyed, it is important to send out notices requesting that individuals and businesses preserve evidence so that it can be examined in the future.
The police report is also important in providing information about the accident and may include witness statements as well as information concerning the condition of the driver and the pedestrian. The police report should also include information about the at-fault driver’s insurance.
We also gather evidence regarding environmental conditions. That is, whether it was dark, raining, foggy, etc.
Putting It All Together
No two cases are the same. Individual attention is given to each of our client’s cases in order to make sure we gather as much information as possible to establish negligence and liability on behalf of the at-fault driver.When an insurance company is involved, we keep them updated regarding our client’s injuries and damages. We also make sure that the insurance company has the correct information regarding the negligence of their insured. In other words, we make sure that the insurance company is not missing any key piece of evidence which would make them evaluate our client’s claim differently.
Establishing Our Client’s Damages
Just as it is important to gather evidence of negligence, it is just as important to gather evidence of our client’s injuries and damages (sometimes called “harms and losses”). We gather our client’s medical and billing records and then summarize those records so that we can better understand what our client has gone through, their medical prognosis, restrictions, etc.Sometimes, our client’s injuries are so severe that they can’t work. In those cases, we gather evidence of missed work, lost pay, and lost benefits. We also talk to our client’s doctors to understand any physical restrictions in the future, which may alter their ability to work or do the same job they were doing prior to the accident.
Other damages include things that are harder to calculate, including pain and suffering, emotional pain and suffering, and loss of love and affection. We work hard to gather the evidence necessary to prove all aspects of our client’s claims.
What If The Pedestrian Was Negligent?
In Louisiana, we have what is called “comparative fault.” This means that a person can still recover damages from another person even if they are partially responsible in causing the accident. In such a case, the injured person’s damages would be reduced by the percentage of their own negligent.For example, let’s say that Mr. Pedestrian Victim ran across a road at night without waiting for a crosswalk signal to turn green and was hit by an intoxicated driver, who had time to avoid the accident, but was speeding and didn’t have his lights on. If Mr. Pedestrian Victim is found to be 10% at fault and the intoxicated is found to be 90% at fault, then Mr. Pedestrian Victim’s total damage award of $100,000 would be reduced by 10%.
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If you were injured in a pedestrian accident, you have nothing to lose by calling us to schedule a free, confidential, no-pressure guarantee case evaluation.Have You Been Injured In A Covington Area Bicycle Or Pedestrian Accident?
If you've been hurt in a pedestrian or bicycle accident you need to speak with an experienced pedestrian injury lawyer as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help families throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.