If you or a loved one has been injured in a pedestrian accident, navigating the legal process can feel overwhelming, especially while recovering. In Louisiana, these cases often present unique and significant challenges. You need to be prepared for what lies ahead.
Disputing Liability (Who Was At Fault?)
One of the most immediate hurdles is establishing fault. Drivers and their insurance companies frequently try to shift blame, suggesting the pedestrian was distracted, jaywalking, or otherwise responsible. This is where Louisiana's legal concept of Comparative Fault (or Comparative Negligence) comes into play.
If the jury determines the pedestrian was 20% at fault, their compensation will be reduced by 20%.
Insurance companies will aggressively seek evidence (even minor) to assign partial blame to the pedestrian.
Our dedicated approach involves immediately gathering evidence like accident reports, surveillance footage, and witness testimony to build a strong case that places primary responsibility squarely on the negligent driver.
The "Serious Injury" Threshold
In motor vehicle accidents, Louisiana law often requires showing a "serious injury" to recover non-economic damages (like pain and suffering). While the threshold for pedestrian accidents is often lower than typical car-on-car claims, the defense will still challenge the severity and long-term impact of your injuries.
Defense Tactics: They may argue that your injuries are not as severe as claimed, pre-existing, or fully resolved.
The Solution: We work closely with medical professionals to document the full extent of your injuries, including future medical needs and the impact on your quality of life. Detailed medical records are crucial.
Dealing with Uninsured or Underinsured Drivers
Tragically, some drivers who cause serious accidents may not have adequate insurance to cover the full cost of your recovery.
Uninsured Motorist (UM) Coverage: Often, the best path for recovery in these situations is through your own auto insurance policy's UM coverage.
The Challenge: Even though it's your insurance, they may still try to minimize the payout. They become essentially the "other side" in the claim.
Our experienced team understands how to pursue UM claims effectively, ensuring you receive the full compensation you are entitled to under your policy, without having to fight your own insurer alone.
Calculating Fair Compensation
Putting a dollar amount on a catastrophic injury, emotional distress, lost wages, and future medical care is complex. It's common for insurance adjusters to offer a low, initial settlement that is significantly less than the true value of your claim.
A comprehensive claim must account for:
All current and future medical bills.
Lost wages and reduced earning capacity.
Pain, suffering, and emotional trauma.
Permanent disability or disfigurement.
Insurance companies have teams of lawyers and adjusters focused on minimizing their payout. You need a dedicated advocate to ensure they cannot undervalue your life-changing injuries.
Next Steps for Your Claim
If you are a Louisiana resident facing the aftermath of a pedestrian accident, do not try to navigate these complex challenges alone. The dedicated team at Talley Anthony Hughes & Knight is here to fight for the justice and maximum compensation you deserve. We offer a free, confidential consultation to discuss your specific case. Let our experience be your advantage.
Call us today at (985) 313-8146 to get started.