Lafayette Pedestrian Accident Lawyer

Pedestrian accidents involving a motor vehicle are typically the result of careless or reckless driving behaviors, such as speeding through a residential area. Unfortunately, pedestrians who get hit by a motorist are extremely vulnerable to severe, catastrophic or fatal injuries. According to the 2022 Louisiana Pedestrian Injuries and Fatalities report, there were 183 pedestrian fatalities, and in 2021, there were 185.

At Galloway Jefcoat, our Lafayette pedestrian accident lawyers believe even one fatality is too many, which is why we work tirelessly to hold negligent drivers accountable. We have been advocating for the injured in Lafayette and throughout Louisiana for more than 25 years. During that time, we have recovered millions in compensation for our clients.

Founding partner and attorney, Rusty Galloway has personally managed thousands of personal injury cases and is deeply committed to protecting his clients’ interests. He is an active member of the Louisiana Bar Association and is well known for going the extra mile in the pursuit of legal justice for his clients.

Galloway Jefcoat. Turning wrong into right every day.
Call 337-984-8020 today.

Am I Eligible to File a Pedestrian Accident Case?

Determining whether you may have a pedestrian accident case depends on many contributing factors. This is one of the reasons we provide a free initial consultation. We use that time to gather more details about the events leading up to when you were hit by a car.

For instance, your attorney may want to know if you were in a crosswalk when you were hit. Did you have the signal that it was okay to cross? Did you notice if the driver was looking down at his or her phone or something else? Was the driver speeding?

It is vital that you provide as much information about the incident as possible. The longer you wait to call a Lafayette pedestrian crash attorney, however, the harder it will be to remember specific details about what happened.

You may also be asked to provide documents that help support your claim, such as:

  • The police report
  • Photos of the accident scene and your injuries
  • Whether any dashcam or surveillance video footage may have captured your accident
  • Medical records from when you sought medical attention, which you should do right away
  • Contact details of any bystanders who witnessed you getting hit by a car
  • A copy of your auto insurance policy
  • Your employer details, including paystubs if you had to miss work
  • And more

If your case has merit, then you may be eligible to seek compensation to recover damages.

What Could a Pedestrian Accident Case Be Worth?

Each pedestrian accident is unique, so the total value varies on a case-by-case basis. However, if you have a valid case, you may be able to recover compensation for various damages, such as:

  • Emergency transportation after the accident, such as by ambulance
  • Emergency medical examination, diagnostics and treatment
  • Surgeries and/or hospital stays that may be required to treat your injuries
  • Follow-up doctor appointments
  • Ongoing physical therapy
  • Mobility assistive devices you may need, such as a wheelchair or crutches
  • Pain and suffering damages
  • Property damage
  • And more

At Galloway Jefcoat, we have extensive experience assessing damages and calculating the accurate value of a claim. Our legal team works tirelessly to ensure you recover full and fair compensation for your medical costs, property damage, lost wages, pain and suffering, and other losses.

Call to request a FREE case review today. 337-984-8020

What if the Insurance Company Offers Me a Quick Settlement?

Insurance companies commonly try to offer injured victims a quick settlement offer. However, it is vital that you remember any early offer is not going to be in your best interests. The reason you are getting this offer at all is to help the insurance company avoid paying a full and fair settlement for your damages. There is no question that these offers are going to be much lower than the value of your claim.

The fact is, if you can answer yes to any of these questions, the full value of your claim is not yet known.

  • Are you still getting treated for any of your injuries?
  • Do you have prescription medications you need to take for ongoing pain management?
  • Are you undergoing physical therapy to help you rebuild and regain strength in the injured area?
  • Do you need emotional counseling to help you deal with the aftermath of being hit by a car?
  • Do you have any scarring, disfigurement or reduced mobility issues?
  • Are you suffering from ongoing/chronic pain?
  • Are you still out of work and recovering from your injuries?

Until you reach your maximum medical improvement point, the full value of your claim cannot be assessed and calculated. If you accept an offer early on and that settlement is finalized, you cannot seek further compensation from the at-fault party for your damages. It could also leave you paying for the remainder of your damages out of your own pocket. You can help to protect your interests by speaking to an attorney before you consider any offer to settle.

What Should I Do First After Getting Hit By a Car in Lafayette?

The first thing you should do after being hit by a car is check yourself for injuries. If you are in the street and can move, get out of the way of traffic immediately. You should then call 9-1-1 immediately, regardless of whether you think you have suffered any injuries.

The reason for this is that after being hit by a car, your body is likely to be in shock. You could be seriously hurt, even if you are not aware of any pain. To rule out any possible internal injuries, such as a traumatic brain injury or internal organ damage, you need diagnostic testing and a medical examination.

Here are some additional first steps you should take after being hit by a car:

  • Use your smartphone to capture photos of the accident scene, the vehicle and your injuries
  • Look around for witnesses who may have seen the crash and ask for contact details
  • Seek immediate medical attention at a nearby hospital – your health is your first priority
  • Contact a family member
  • Call an attorney

It is important to mention that you should never risk your safety or anyone else’s to gather evidence or take photos after an accident.

Why Call a Lafayette Pedestrian Accident Lawyer for Help?

Calling an attorney sooner rather than later helps to ensure your legal interests are protected from day one. Once you hire an attorney, he or she can:

  • Thoroughly investigate the crash scene
  • Immediately gain access to evidence before it gets lost or destroyed
  • Speak to witnesses while their memories about what happened are still fresh
  • Guide you throughout the legal process to help you avoid common mistakes that can hurt your claim
  • Dispute unfair blame the insurance company may try to shift to you
  • Accurately calculate the full value of your claim for compensation
  • Negotiate a full and fair settlement with the defendant’s attorney and liable insurance company
  • Represent you if a settlement cannot be reached and your case ends up in court
  • Communicate with you throughout the legal process, keeping you fully informed about your case
  • Make it possible for you to focus fully on your health

Navigating a legal case in Louisiana is complicated, which is why most pedestrian accident victims may benefit from having an attorney manage their case. The defendant is sure to have legal representation to protect the insurance company’s interests. Statistics show that plaintiffs (injury victims) who hire an attorney often recover significantly more compensation than those who do not.

Our goal is the same as yours: to recover full and fair compensation for the damages caused by the at-fault party.

How Long Do I Have to File a Claim?

Louisiana has one of the shortest statutes of limitations in the country. They only give victims one year from the date of their injury to file a claim. If you wait too long to file, your attorney will not have enough time to build a strong case on your behalf. Additionally, a lot of vital evidence can be lost over the days, weeks and months following your initial injury.

What Are the Most Common Causes of Lafayette Pedestrian Accidents?

The most common negligent act that causes pedestrian accidents in Lafayette is a driver failing to slow down when approaching a designated crossing area.

Other common causes of pedestrian accidents include:

  • Distracted driving, such as texting, taking selfies, grooming, eating and other distracted driving behaviors
  • Failing to yield the right of way to pedestrians in a crosswalk or about to enter a designated crossing area
  • Driving while intoxicated with alcohol or while impaired by drugs or other substances
  • Drowsy driving, fatigue or nodding off behind the wheel
  • Illegal U-turns
  • Speeding, ignoring posted speed limits
  • Running through red lights or stop signs
  • Taking a right turn without first checking for pedestrians
  • Driving too fast for the weather, visibility or road conditions
  • State or local municipal failure to properly maintain traffic signals or roads
  • Poor road design that makes it harder for drivers to see pedestrians
  • Poor visibility of the road or the pedestrian, especially at night

Who May Be At Fault for Causing a Pedestrian vs. Motor Vehicle Crash?

Pedestrian accidents are always the result of negligence. Most of the time, it is the drivers who are assessed with fault for striking or running over a pedestrian.

Though rare, other parties who could share or even be fully liable for a crash include:

  • Manufacturers, if a vehicle defect they knew or should have known about affected the driver’s ability to stop
  • Repair shop, if they knowingly serviced a vehicle with a faulty part, such as brakes, and those brakes failed
  • State or local municipalities for poor road design, poor road maintenance or faulty traffic signals

Can a Pedestrian Ever Be At Fault for Causing an Accident?

While pedestrians are not usually blamed if they get hit by a car, the at-fault driver’s insurance company will be looking for reasons to limit their liability. Often, these attempts to shift blame can be disputed by your Lafayette pedestrian accident attorney.

There are, however, some valid reasons a pedestrian could be assessed with at least partial fault for a pedestrian vs. motor vehicle accident. For instance, if a pedestrian darted out suddenly from between cars without checking for traffic. In that situation, it could be very difficult for a driver to stop in time, even if he or she were paying attention.

What Types of Injuries Do Pedestrians Suffer After Being Hit by a Car?

Injuries could be minor, catastrophic or even fatal. It depends on how fast the driver was going and at what angle the pedestrian was hit. Some of the most common injuries pedestrians may suffer after an accident with a motor vehicle include:

  • Broken limbs
  • Internal organ damage
  • Internal bleeding
  • Mild to severe road rash
  • Spinal cord injuries
  • Facial, jaw or dental injuries
  • Traumatic brain injuries (TBI)
  • Other head or neck injuries

Pedestrians who suffer severe or catastrophic injuries have a long road of recovery ahead of them. In many cases, these victims may not fully return to their former physical health. Some pedestrian crash victims may become paralyzed, suffer from chronic pain, and have reduced mobility. Many others will be unable to return to work for a long time, or at all.

How Can Pedestrians Avoid Being Hit by a Car?

Pedestrians owe a duty of care, just as drivers do. This means acting in a reasonable way that helps to prevent injury to yourself and to others, which could include:

  • Checking for traffic before stepping into the road, even in crosswalks
  • Wearing clothing that reflects light to help drivers see you sooner, especially when visibility is poor
  • Being proactive about safely crossing roads, even though you have the right of way
  • Not walking while intoxicated as you might be more reckless or forget to check for traffic
  • Avoiding jaywalking whenever possible

Hit by a Car as a Pedestrian? Call Our Lafayette Office for Legal Help

If you or a loved one were hit by a car, we strongly recommend you seek legal help immediately. Having an attorney manage your case from day one can give you the peace of mind you need so you can focus on your health. It can also ensure you avoid making mistakes that could potentially harm your ability to recover compensation.

Galloway Jefcoat is dedicated to helping victims injured by the negligence of others, including pedestrians hit by reckless or careless drivers.

Our legal team has recovered millions in compensation for our clients. If you are eligible to recover damages, we have the staff and resources to fully manage your case. We offer a free initial consultation to determine whether you may have legal options. If your case has merit and you choose our firm to represent you, there are no upfront costs to pay.

We accept pedestrian accident cases on contingency, which means there are no out-of-pocket costs for you. We only get paid if you do.

Experienced Attorneys. Proven Results. 337-984-8020