Trusted bicycle and pedestrian accident attorney in Covington, LA

Pedestrians usually have the right-of-way while walking in a crosswalk. In Louisiana, motorists must yield to pedestrians in a variety of situations. For instance, when traffic-control signals are not in place, the driver of a vehicle must stop and yield the right-of-way to a pedestrian crossing the roadway. Also, the law requires that vehicle drivers exercise due care in avoiding collisions with pedestrians. Whether you have an accident case depends a lot on the facts of your case. We offer free and confidential consultations so that we can go over the facts of your case and advise you as to your rights.

Pedestrians usually have the right-of-way while walking in a crosswalk.  In Louisiana, motorists must yield  to pedestrians in a variety of situations.  For instance, when traffic-control signals are not in place, the driver of a vehicle must stop and yield the right-of-way to a pedestrian crossing the roadway.  Also, the law requires that vehicle drivers exercise due care in avoiding collisions with pedestrians.  

Whether you have an accident case depends a lot on the facts of your case.  We offer free and confidential consultations so that we can go over the facts of your case and advise you as to your rights.

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Every case is different and the answer to this question depends on many factors, including the facts of the case and the extent of the injuries sustained in the pedestrian accident.  

The first issue we explore is “liability,” that is, who is at fault for causing the pedestrian accident.  In Louisiana, we have what’s known as “comparative fault.”  This means that even if a pedestrian is found partially liable for contributing to their own accident, the other party may still share responsibility, allowing the pedestrian to recover a certain percentage of their damages.    

The second issue we explore is the amount of our client’s damages, including medical bills, future medical bills, lost wages, future lost wages, disability, and pain and suffering.  

The “value” of each personal injury case is very unique.  At our firm, when it is time to resolve our client’s claim, we meticulously examine every aspect of the case, research outcomes of other similar cases, and discuss our findings in detail with our client.  It is important to us that our client feels well-informed and comfortable with any decision they make regarding the value of their case.

In most cases, the answer is “yes.”  In Louisiana, if you are involved in a bicycle accident, you will be responsible for your own medical bills and then will have to seek reimbursement from the at-fault person and/or their insurance company.  

If you have health insurance, you should use it to pay for doctor’s visits, even if they relate to the bicycle versus car accident.  You should also understand how much your health insurer has paid, as they will have an interest in being reimbursed once your claim is over.  

In some cases, a person may have medical payment or “med-pay” coverage under their own auto insurance policy, which would provide money to pay for medical care.  This would apply even if you were on your bicycle, since the accident had to do with a car hitting you.  But be careful, as if the med-pay coverage is used, your auto insurer will also look to be reimbursed from any settlement.

A driver may not always be at fault for a pedestrian accident.  However, in Louisiana, we have a law called “comparative fault.”  This means that even if a driver is partially at fault for causing a pedestrian accident, they will still be responsible for a portion of the victim’s damages.  

Take for example this scenario.  A good Samaritan stops his vehicle on a highway to provide emergency help to people who were just involved in an accident.  While crossing the highway, the good Samaritan is hit by a distracted driver, traveling way over the speed limit, and weaving through the accident scene.  In that scenario, the driver may be found at fault for being distracted and not taking steps to avoid hitting the good Samaritan pedestrian.

Pedestrian accidents typically involve a lot of facts which must be analyzed to determine fault.

In the U.S. it is estimated that nearly 1 in 8 drivers are uninsured.  In Louisiana, that number is even higher.  Just as scary are the number of drivers with minimal insurance.  

But, did you know that in some cases, your own insurance may provide coverage in the event you are injured in a pedestrian or bicycle accident with a driver who is either uninsured or has insufficient insurance?  UM coverage is short for “uninsured” or “underinsured” motorist coverage.  It is not required by law but may be purchased as additional coverage.  If you have UM insurance, your insurance coverage steps in the shoes of the uninsured driver and can help cover your damages and injuries.  

Finally, “medical payment” coverage is another optional coverage you may have under your own auto insurance policy.  This coverage can also help pay for medical expenses relating from a pedestrian or bicycle versus car accident.