Whether caused by low visibility, a lack of sidewalks or crosswalks, driver negligence, or pedestrian negligence, pedestrian accidents occur with frightening regularity. In fact, almost 100,000 people each year are injured or killed in pedestrian accidents in the United States. Although pedestrian-vehicle accidents are most common, our Lafayette pedestrian accident lawyers realize that pedestrians can also be injured while walking on poorly maintained sidewalks or unreasonably dangerous property. In a recent interview with Billy Hattaway, a district secretary with the Florida Department of Transportation, stated in a recent interview that “at 20 miles per hour, 1 in 10 pedestrians will likely be killed. When you go up to only 30, you have a 50 per cent chance, and when you go to 40, about 85 per cent of the pedestrians die who get hit at those speeds.”
Broussard & David represents clients injured in pedestrian accidents. As a pedestrian, you have the right to walk safely on sidewalks and in crosswalks. Based in the Lafayette area, our pedestrian accident attorneys have vast experience in personal injury law and often develop complex legal theories that yield the greatest recovery for our clients. If you or a loved one were seriously injured in a pedestrian accident, an attorney can assist you in understanding your legal rights.
Recovery in a pedestrian accident often involves a highly fact-sensitive inquiry. Many factors can contribute to a pedestrian accident. Pedestrian-vehicle accidents are often caused by driver inattention or failure to obey traffic laws. For example, the driver may be distracted by his cell phone or may be speeding. A pedestrian-vehicle accident can also occur if the driver is under the influence of drugs or alcohol. These factors can all be used to determine whether the driver breached a duty of care owed to a pedestrian.
In addition to pedestrian-vehicle accidents, pedestrians can also be seriously injured while traversing poorly maintained sidewalks or parking lots. For example, a sidewalk may be obstructed by abandoned construction equipment or a parking lot may have dangerous potholes in the pavement. To hold a property owner liable for an unreasonably dangerous condition on his property, the property must pose an unreasonably dangerous risk and the owner must have had notice of the danger prior to the accident.
Of course, pedestrians also have a duty of care. Many times in pedestrian accident lawsuits, a pedestrian is found to be contributorily negligent in causing the accident. In essence, contributory negligence means that the pedestrian contributed to the cause of the accident. Like drivers, pedestrians must also obey pedestrian signals and cannot obstruct traffic by walking out in front of vehicles if the vehicle has the right-of-way. Nevertheless, depending on the degree of fault, a pedestrian may still be able to recover for injuries if the driver or property owner’s negligence also contributed to the accident.
If you or a loved one were seriously injured as a pedestrian, you should contact a Lafayette pedestrian accident attorney to learn about your legal rights. The attorneys at Broussard & David can assist you in recovering full compensation for your injuries.
For questions, call Broussard & David at 888-337-2323 (toll free) or 337-233-2323 (local) for a complimentary consultation. You can also contact us online for answers to your questions or to schedule your consultation with a pedestrian accident lawyer in the Lafayette area.