Hymel Davis & Petersen – Attorneys and Counselors at Law
225-298-8118
Call Today
View Our Practice Areas

When pedestrians are injured on interstate highways

Over 10 percent of fatal pedestrian accidents in Louisiana and across the U.S. take place on interstate highways. Injuries are also frequent, but pedestrians who believe their injuries were due to the negligence of the driver may be able to file a claim against that person's auto insurance company. It's possible to file a claim against state or federal agencies for failing to exercise reasonable care toward the users of the highway.

There are many possible reasons why someone would be walking on an interstate highway in the first place. The most common reason is that pedestrians simply want to cross it. This naturally leads to many pedestrians being struck by drivers who either cannot avoid them in time or do not see them at all. It should be noted that more than 90 percent of pedestrian fatalities occur at night.

In some cases, pedestrians are acting with suicidal intentions, while in other cases drivers may have simply been inattentive. Alcohol can also figure into these accidents. Driver inattention, sleepiness or drunkenness is behind many incidents where pedestrians are struck while pushing or working on their vehicle.

Additionally, pedestrians may be on the highway as a result of a previous crash. For example, they may have been ejected from their vehicles, or they may be exchanging information or inspecting vehicle damage with the other.

Pedestrians injured in a motor vehicle accident must wait to achieve maximum medical improvement before they file a personal injury claim. Such claims must be filed within one year of the accident. Victims may opt to start by hiring a lawyer, who in turn can hire investigators and other experts to build up the case. The lawyer might negotiate for the maximum settlement possible under the state's comparative fault rule, and if one cannot be agreed upon, the lawyer may proceed to litigation.

No Comments

Leave a comment
Comment Information