A car accident can easily cause you to suffer grave injuries in certain situations. This is especially true in the case of a pedestrian accident, as pedestrians lack the protection that those riding in passenger cars enjoy.
In some situations, pedestrian accidents here in Louisiana occur due to the carelessness of a motor vehicle driver. Fortunately, if a car driver negligently strikes and hurts you while you are walking along or across the street, you have the right to seek justice in civil court.
What does negligence mean in a car accident?
If the person who hit you was behaving negligently behind the wheel, this could mean that he or she failed to do something that any reasonable driver would have done in the same situation. It could also mean that the person did not avoid doing something that caused you harm. In other words, the driver did not take the necessary steps to protect pedestrians like you from predictable risks.
To establish that the driver was negligent in your accident, it is critical that you prove that he or she had a legal responsibility to look out for you based on the circumstances and breached this legal duty via inaction or action. You also need to be able to prove that this caused your accident as well as the injuries you suffered.
What does negligence look like?
In your accident, it's possible that the driver was driving while distracted or was speeding. These are both examples of negligence. Other examples include not following traffic signs and signals and not signaling while making a turn.
If the driver did not yield to you at a crosswalk, this is also negligent driving behavior. Not paying attention to weather and traffic conditions, and driving while alcohol or drug impaired are also examples of negligent driving.
What are your rights following an injury-causing pedestrian car crash?
If your pedestrian accident caused you to suffer serious injuries due to a driver's negligence, it is within your rights to file a personal injury claim against the driver seeking damages. A claim that is fought successfully might lead to a financial award that may help you to cover your hospital bills and other financial losses. It may also help with addressing pain and suffering resulting from your crash.