The Garden District of New Orleans is famed for its picturesque streets lined with historic homes and lush gardens. However, beneath the idyllic surface lies a hidden danger—pedestrian accidents. The unique features of the Garden District, such as its narrow streets and limited parking options, add to the challenges of proving negligence. If you have any questions about a pedestrian accident in the Garden District, the New Orleans personal injury attorneys at Egenberg Trial Lawyers.
Pedestrian Accident Legal Issues
Being involved in a pedestrian accident can have devastating consequences, both physically and emotionally. As New Orleans personal injury lawyers, these are some key aspects we think you should know about:
Proving negligence is essential in pedestrian accident cases. Victims need to demonstrate that the driver breached their duty of care, which directly caused the accident and resulting injuries.
Pedestrian accidents can occur in parking lots and sadly even on sidewalks. If a property owner’s negligence contributed to your accident, they can be held responsible for your injuries.
In some cases, a governmental entity, like the city of New Orleans, may share liability for a pedestrian accident. For example, if inadequate signage or poorly maintained road conditions contributed to the accident, the local government responsible can be held accountable.
Insurance companies try to minimize the compensation they pay to injured pedestrians. They will dispute liability, argue that your injuries are not as severe as claimed, tell you that you aren’t covered—whatever it takes. Don’t expect the insurance company to take you seriously and offer you the cash you deserve if you don’t have a New Orleans personal injury lawyer in your corner.
Pedestrian accidents often arise from disputes over who had the right of way. Determining who had the right to proceed at a particular intersection or crosswalk is rarely straightforward.
Traffic Violations
If a driver violates traffic laws, like speeding, running a red light, or failing to yield to a pedestrian, this will definitely strengthen your case.
Product Liability
If a defective product, like a malfunctioning stop light or faulty auto part in the driver’s car, played a role in your accident, the manufacturer or even the distributor can be liable. A savvy, knowledgeable New Orleans personal injury attorney can investigate the product defect and figure out if pursuing that avenue is an option.
The safety of pedestrians in the Garden District and throughout New Orleans has become a matter of great concern. According to recent data, there has been a significant increase in the number of traffic deaths in New Orleans. From 2020 to 2021, pedestrians and motorists killed on New Orleans streets grew by 32%. Pedestrian fatalities almost doubled during this time period. People killed in all kinds of car accidents (car vs. car, car vs. pedestrian, car vs. motorcycle, etc.) were all on the rise in New Orleans in 2021—it was actually the highest reported amount of traffic fatalities in almost 20 years.
This alarming trend highlights the need for increased awareness and additional measures to prevent pedestrian accidents. As a pedestrian, be extra careful, use crosswalks, follow traffic lights, and engage in safe practices while walking in New Orleans’ Garden District.
Pedestrian Injuries Can Be Numerous
Pedestrian accidents can result in a wide range of injuries, varying in severity. Whether you go to St. Thomas Community Health Center at 1020 Saint Andrew Street or Touro LCMC Health at 1401 Foucher St. in the Garden District, please get yourself evaluated by a medical professional as soon as possible. Here are common pedestrian accident injuries that we see as New Orleans personal injury lawyers:
Head injuries are a significant concern in pedestrian accidents, even when a victim is wearing a helmet. Traumatic brain injuries are caused by direct impact or a violent jolt to the head. These injuries range from concussions to permanent brain damage, often requiring extensive medical treatment and long-term care.
When a vehicle collides with a pedestrian, the sudden impact can cause the head and neck to jerk forcefully. This motion causes whiplash, strains, sprains, or other severe neck injuries. If your neck starts to feel tight a few hours after the accident, please get medical attention right away and follow the ongoing treatment regimen required to manage whiplash.
The force of a pedestrian accident often leads to significant trauma to the chest and abdominal area. Injuries can range from bruising and internal bleeding to organ damage. Again, get evaluated by a doctor right away as careful monitoring is essential with these injuries.
Pedestrian accidents typically have a significant impact on mental health. Survivors will usually experience some degree of post-traumatic stress disorder (PTSD), anxiety, and depression after the trauma. Insomnia and suicidal thoughts can also occur.
Pedestrian accidents can cause severe back injuries, including spinal cord damage. These injuries can lead to partial or complete paralysis, which is a costly, lifelong consequence for the victim and their family.
Pedestrians often suffer broken bones with the impact of a vehicle collision. Fractures can really occur anywhere in the body, like the legs, arms, pelvis, or ribs. Severe fractures do require surgery, physical therapy, and ongoing medical treatment.
These New Orleans intersections experience the majority of accidents and deserve some extra caution:
The New Orleans personal injury attorneys at Egenberg Trial Lawyers have the right experience and knowledge to handle your Garden District pedestrian accident from start to finish. Don’t miss your legal deadline to file your claim (the statute of limitations)! To schedule a free case review and legal consultation, contact us now.