Lee M. Schwalben, M.D., J.D., LLC
Schwalben Law Firm
Lee M. Schwalben, M.D.,J.D.,LLC

Admitted to practice in law Louisiana, New York and *Florida

Lake Charles
337-494-5757

BATON ROUGE
225-763-7777

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Lee M. Schwalben, M.D., J.D., LLC

Schwalben Law Firm

Lee M. Schwalben, M.D.,J.D.,LLC

Admitted to practice in Louisiana, New York and *Florida

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Pedestrians do not have to be hit to suffer car accident injuries

| Aug 27, 2015 | Car Accidents, Firm News | 0 comments

Many Louisiana residents can recall a time when they were nearly hit by a car while crossing a street. Fortunately, they did not suffer any significant injuries as they narrowly escaped becoming the victim of a pedestrian vs. car accident. Others, however, do suffer injuries as they clamor to avoid being struck by a vehicle.

A Louisiana woman says that she suffered injuries when she fell onto the street as she avoided being hit by a car. On June 23, 2014, the woman was making her way across the street. At that moment, a car suddenly turned onto the street and almost crashed into her.

The car startled her and caused her to fall. In the lawsuit she filed against the driver of the car and the driver’s insurance company in Louisiana’s 24th Judicial District Court, she claims she incurred damages, including medical expenses, loss of enjoyment of life and mental anguish, among others. She accuses the driver of failing to pay attention, carelessly operating the vehicle and failing to yield to her.

Even if the woman was not actually struck by the car, the argument can be made that the woman would not have fallen had the driver been paying attention and yielded the right of way to the plaintiff. Before any monetary judgment in favor of the plaintiff can be made, it must first be determined whether the driver of the car caused or contributed to the injuries suffered by the plaintiff in this near-pedestrian vs. car accident. If that determination is made in the plaintiff’s favor, the damages she is requesting will be considered for inclusion in a monetary judgment.

Source: louisianarecord.com, “Pedestrian sues motorist accusing who allegedly startled her, causing fall on street“, Kyle Barnett, Aug. 22, 2015

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