Pedestrian Accidents

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Pedestrian Accidents

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Pedestrian Accidents

Pedestrian accidents are an all too common occurrence in the Bayou State. On average, four pedestrians a day in Louisiana are struck by a motor vehicle. In 2018, Louisiana was ranked as the second most deadly state for pedestrians by the National Highway Safety Administration with a rate of 3.5 pedestrian deaths per 100,000 residents, nearly twice the national average. That year, 165 pedestrians were killed and another 1,470 were injured on Louisiana roadways, according to the Center for Analytics and Research in Transportation at Louisiana State University.

Rates of pedestrian fatalities are shockingly high nationally as well. While overall traffic fatalities continue to inch lower thanks to new motor vehicle safety features and better education and enforcement, there has been a recent spike in pedestrian deaths. Some experts attribute it to more distracted drivers and use of electronic devices. The number of pedestrians killed on U.S. roadways has reached its highest level in three decades, skyrocketing 60 percent from their recorded low in 2009 to 6,283 deaths in 2018.

According to the National Highway Safety Administration, risk factors include crossing outside of an intersection, time of day, and alcohol. Three out of four pedestrian fatalities occur outside of an intersection. The vast majority take place at night or in the early morning hours in dark conditions. Alcohol often also plays a role, with half of all crashes in which a pedestrian is killed involving an impaired pedestrian and/or driver.

Common Pedestrian Injuries

Because of the vulnerability of a pedestrian when struck by a motor vehicle, which outweighs him or her by thousands of pounds and is capable of traveling at incredible speeds, pedestrian injuries tend to be very serious and can be life-threatening.

The most common pedestrian injuries include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Internal injuries, such as internal bleeding or a collapsed lung
  • Pelvic injuries, often from making contact with the hood of a vehicle or the ground
  • Broken or fractured bones, such as the bones of the wrist or elbow
  • Lacerations

If you’ve been injured as a pedestrian, you owe it to yourself to speak with a trusted attorney with experience winning pedestrian accident cases in Louisiana before you sign any document that could limit your right to pursue the compensation you deserve.

Louisiana Laws and Pedestrians

It is important to understand the rules of the road for pedestrians in Louisiana, especially if you or a loved one has been injured.

Pedestrian rights under Louisiana law:

Pedestrians have the right-of-way on any sidewalk including those that extends across an alley, road, driveway or building entrance.

Pedestrians have the right-of-way in a crosswalk. Motorists must yield to a pedestrian in a crosswalk when no traffic signal is present or when the vehicle is making a turn.

If a pedestrian enters a crosswalk when the pedestrian signal says “walk,” the pedestrian may continue through the crosswalk to the other side or to a safety zone or neutral area if the signal changes.

Pedestrian responsibilities under Louisiana law:

Pedestrians must use a sidewalk where one is available. It is illegal for a pedestrian to walk on a roadway if it has an adjacent sidewalk.

If a roadway has no sidewalk or walking path adjacent, pedestrians should walk on the shoulder of the road facing traffic.

Pedestrians are required to obey all traffic control signals and signs. A pedestrian signal takes precedence over a traffic signal. For example, a “do not walk” signal would take precedence over a green traffic light.

Pedestrians must exercise caution when entering a crosswalk. They are required to follow traffic signals at intersections and use the right side of a crosswalk when practical. They may not jump out into a crosswalk in front of a vehicle.

Pedestrians may not cross an interstate highway, except in the case of an emergency.

Vehicle operator responsibilities to pedestrians under Louisiana law:

Drivers are required to yield the right of way to pedestrians in crosswalks and on sidewalks, as detailed above.

Drivers in Louisiana who encounter a pedestrian in their path are required to use the vehicle’s horn if necessary and drive in a safe manner to avoid causing an accident.

Drivers are required to exercise caution when they observe a pedestrian walking on or near a roadway to ensure his or her safety. In particular, a driver must drive cautiously when encountering a pedestrian who is a child, or who seems lost, intoxicated or confused.

Drivers must yield to blind or incapacitated pedestrians.

Drivers may not pass a vehicle that has stopped at a crosswalk or intersection to allow a pedestrian to cross the road.

Pedestrian Safety Tips

According to the Centers for Disease Control and Prevention, the best steps to take to keep yourself safe as a pedestrian are to:

  1. Make yourself more visible when walking at night by carrying a flashlight and wearing reflective clothing, such as reflective vests.
  2. Only cross a roadway at a designated crosswalk or intersection whenever possible.
  3. Walk on a sidewalk or footpath, and not on the road. If no sidewalk or path is available, walk on the shoulder of the road facing traffic.
  4. Avoid walking near roadways if you have been impaired by alcohol or drugs. Use extra caution and keep the volume low enough to hear traffic if you are walking with headphones or electronic devices like earbuds.

Call the Charbonnet Law Firm Today

If you or a member of your family has been injured as a pedestrian in Louisiana, don’t wait. Call the Charbonnet Law Firm today. You may feel pressured by insurance companies to settle your claim quickly before learning the full extent of your injuries and the costs that may be associated with them. You may feel overwhelmed with medical bills, doctors visits, recovery and lost work. Let us help you through this difficult time.

Call today for a free consultation with a member of our experienced, caring legal team. At the Charbonnet Law Firm, a skilled attorney can help you understand your rights under Louisiana law, and help you decide how best to pursue your case. If you decide to pursue your case with us, we will be there with you every step of the way, taking care of all the details, ensuring the best possible outcome and the best compensation for your injuries. Let us give you peace of mind that your interests are being protected so you can focus on healing.


Our Injury Lawyers Serve Clients Throughout Louisiana.

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    Uber and Lyft Accidents

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    Experienced Lyft & Uber Accident Lawyers in New Orleans

    We represent Uber and Lyft drivers.
    We represent Uber and Lyft passengers.
    We represent people in a crash with an Uber or Lyft car.

    Uber and Lyft arrived in New Orleans shortly after a city ordinance permitting those companies to operate in 2015. Charbonnet Law Firm got its first Uber accident case the following week! Since then, the popularity of rideshares has exploded with the number of trips taken using rideshare apps quickly overtaking traditional taxi trips.

    Our experienced Lyft and Uber accident lawyers have represented hundreds of drivers, passengers, and bystanders in rideshare accidents. We know the attorneys who represent these companies and we have good working relationships with them.

    New Orleans Ridesharing Accident Statistics

    Rideshare apps have changed the way many of us get around. We use Uber or Lyft because of their convenience. Whether we are on vacation, heading to the airport or The Big Game, or making the responsible transit choice after a few too many drinks, many New Orleans residents rely on ride-sharing services to get us where we need to go safely. In fact, a 2018 Arizona State University study found that New Orleans had the second-highest rideshare use per capita of any major U.S. metropolitan area (beat only by San Francisco). A whopping 30% of New Orleans residents reported using one of the rideshare apps in the last 30 days.

    According to a 2018 survey, 36% of Americans say they have used a ridesharing app. Another 61% say they have heard of Uber or Lyft but hadn’t taken a ride yet, and just 3% of Americans said they hadn’t heard of them at all. The same survey taken in 2015 found that just 15% had used the apps and 33% had never heard of Uber or Lyft. Founded in 2009 and 2012, respectively, Uber and Lyft now account for 5.5 billion vehicle trips worldwide each year.

    This enormous growth comes with new dangers on the road and new legal complications when an accident occurs. In 2018 Uber released a U.S. Safety Report that found that there were 107 total traffic fatalities in 2017 and 2018 involving Uber. The company estimated its fatality rate to be roughly half the average for U.S. drivers. Analysts, however, point out that the company doesn’t report any data on non-fatal traffic accidents involving its drivers. A new study by the University of Chicago and Rice University suggests that ridesharing services may actually increase traffic accidents and fatalities, especially in larger cities, by putting more cars on the road and creating more stop-start traffic.

    Lyft & Uber Accident Claims

    While the laws that govern car crash liability and personal injury liability in Louisiana generally apply to cases involving Uber or Lyft drivers, there are added complications. If you or someone you love is injured in an auto accident involving a rideshare vehicle whether as a passenger, pedestrian, or other drivers, it is important to know your legal rights.

    Determining who is the responsible party in an accident involving Uber or Lyft isn’t always straightforward. If you are injured in an accident, it might seem like the driver’s auto insurance company or the multibillion-dollar rideshare company involved will protect your interests as a rider, pedestrian, or driver. Don’t count on it. Both want the fastest possible resolution and will work to protect their bottom line first and foremost.

    In general, if the rideshare driver is at fault, his or her insurance will cover damages up to the maximum amount of that policy. If this policy is exhausted, then the ridesharing app’s third-party liability insurance should kick in up to $1,000,000. But, of course, the devil is in the details. Both corporations will use complicating factors in Louisiana law, like comparative negligence and personal injury caps, to protect their interests and keep their costs to a minimum. Furthermore, Uber and Lyft both require users to agree to “terms of service.” The amount of insurance coverage a rideshare vehicle has can vary minute by minute depending on whether there are passengers in the vehicle

    It can be a very complex process to sort out who is responsible for paying out compensation and in what amounts when an accident involves a ridesharing app driver. You owe it to yourself and your family to speak with a skilled and dedicated legal team with a strong track record of winning for clients who have been victims of Uber or Lyft accidents.

    What to do if you are in an Uber or Lyft accident in New Orleans

    Even if an accident seems relatively minor, following these steps will protect your interests and give you peace of mind down the road. In the event of a traffic accident, it is always better to be safe than sorry.

    • 1. Make sure you and others involved are physically okay. Call 911 or seek immediate medical attention if anyone is injured. Make sure you and others are not at immediate risk from oncoming traffic or other roadway hazards.
    • 2. Make sure the accident is reported immediately. Call 911 and explain the situation. If the emergency is non-life threatening, the operator may advise you to call 311 or another local service. Under Louisiana law, a driver must immediately report any traffic accident that results in an injury to any person, a death, or damage to property over $500. Drivers must further provide detailed information to a member of law enforcement who investigates the crash. Crash reports are available at the Louisiana Department of Public Safety website.
    • 3. Gather information and evidence at the scene. Use your cellphone to take photos at the scene that show the angle of impact, damage to vehicles and other property. Get the contact information for all witnesses at the scene. Take photos of insurance cards from any drivers involved. This step may prove invaluable later on as your legal team prepares evidence to build the strongest possible case.
    • 4. If you are a driver or a passenger in a rideshare vehicle, report the crash through the Uber or Lyft app within 24 hours. You may have to go take a drug test within 24 hours of the crash. REMEMBER: Being in an accident can be confusing and scary. Do not admit fault or make other statements about your injuries or those of others to anyone until you have gained a full picture of what happened.
    • 5. If you are injured, contact an attorney with a strong track record of winning for clients in Uber and Lyft crash injury cases in Louisiana.

    Car accidents are complicated enough, but when a rideshare app is involved, things can get even more complex. You can find yourself dealing with hospitals, doctors’ offices, your own insurance, the rideshare driver, his or her auto insurance, the ridesharing app, its third-party liability insurance, and any other involved parties and their insurance. It can feel like trying to find your way out of a maze. Let an experienced Uber car accident attorney at Charbonnet Law Firm help you sort through this tangled web and get the compensation you deserve.

    Contact Charbonnet Law Firm About Your Rideshare Accident

    If you or a loved one has been injured in an accident involving a rideshare vehicle in Louisiana, call the dedicated team of attorneys at Charbonnet Law Firm right away. We have been winning for our personal injury clients in New Orleans and the surrounding parishes for more than five decades. You deserve the peace of mind of knowing a skilled, trustworthy law firm is on your side.

    At Charbonnet Law Firm, we will help you understand your case and your options for compensation. If you choose to pursue your case, we will be there with you every step of the way, protecting your interests and fighting for the best possible outcome. Call today for a free consultation.

    More Related Info: Uber & Lyft Insurance and Settlements

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