Rely on

Louisiana’ premier
personal injury lawyer

Request Your Free Consultation

Common Instances Where a Pedestrian Could be at Fault for a Car Accident

Posted in Car Accidents on February 26, 2021

In plenty of instances when there’s an accident where a pedestrian is injured in a car accident, it is the driver that is at fault. The driver may not be paying attention, especially in high-traffic areas throughout New Orleans.

Although drivers are often at fault, there are instances where the pedestrian is at fault. They may be the ones to have not followed the rules of the road. By working with an experienced lawyer in Louisiana, you can learn more about evaluating your claim and determining who was at fault. At Redmann Law, we have lawyers you can count on to help you with a car accident claim.

Common Pedestrian Accidents in Louisiana

While it’s easy to see how pedestrian accidents in New Orleans can occur due to all of the foot traffic, it’s important to look at the statistics. The high population leads to more accidents than some of the lower populated areas. However, New Orleans has considerably fewer pedestrian accidents than cities that are equally populated.

According to the Louisiana Highway Safety Commission, there were 1398 pedestrian injuries across the state in 2019. There were also 122 pedestrian fatalities in 2019. Approximately 43 percent of the fatalities involved alcohol.

There are state laws that need to be followed, including the need to wear reflective clothing. Everyone should be alert when using the roads, too. Drivers and pedestrians alike should not be distracted when they are using the roads in New Orleans and anywhere else in the state.

Accidents can happen during the day and at night. Often, the accidents at night have to do with the drivers being unable to see the pedestrians. And, if the pedestrian is wearing dark clothing and not crossing at a crosswalk, it can be one of the leading reasons why the pedestrian is at fault.

Across Louisiana, various proactive measures have been taken, including increasing streetlights in pedestrian-heavy areas and adding more crosswalk signage. Drivers are also reminded regularly that it is state law to have to stop for pedestrians at crosswalks.

Additionally, many vehicles are equipped with safety features, helping drivers to be more cognizant of pedestrian traffic. This includes sensors to identify pedestrian traffic and even apply the brakes automatically to prevent a collision.

Negligence by Pedestrians

Drivers and pedestrians alike are required to exercise reasonable care. Both are responsible for taking the necessary steps to prevent an accident. Just as drivers should not drink under the influence, pedestrians should exercise added caution so that they don’t stumble into the streets. If either party is negligent, they can be found at fault during an accident.

Pedestrians may be guilty of a number of negligent actions that can lead to an auto accident, such as:

  • Jaywalking
  • Crossing the street in prohibited areas
  • Crossing the street before being indicated to do so
  • Walking while intoxicated
  • Walking while being distracted using a mobile device
  • Running into a street
  • Wearing dark clothing

In some instances, pedestrians may be guilty of more than one negligent action. This may make it impossible for the driver to see the pedestrian and/or have sufficient time to react and stop the vehicle.

Don’t assume that pedestrians are always the innocent ones. Anything can happen on the streets, and if a pedestrian walks in front of your vehicle, causing you to hit them, the reality is that you might not be at fault. The only way to find out for sure is to pursue legal assistance.

Partial Fault for a Car Accident

Often, it takes more than one person to cause an accident. This is when “partial fault” may be established. The driver and the pedestrian would be found partially at fault.

Even when there is partial fault, it is possible for the accident victim to seek compensation for damages – and that can add up to a significant amount of money.

In the state of Louisiana, this is referred to as comparative fault. For example, if a person suffers injury or loss partly because of their own negligence and partly because of the fault of another, the amount of compensation they can seek to recover is based on the percentage of negligence.

This is when it’s critical to determine the entirety of what happened. Who was at fault and why? It will be necessary to establish who was at fault to what degree. It will be one of the most effective ways to avoid taking on too much fault if you’re the driver – or seeking as much compensation as possible if you’re the pedestrian.

The goal, in any case, is to show that you were not at fault – or at least, not more than 50 percent at fault for the accident. By working with an experienced lawyer in Louisiana, it’s easier. It ensures that you have the pedestrian and driver laws of the state on your side.

There are some ways to help establish fault depending on what is available in and around the scene of the accident:

  • Dash cam footage from the vehicle
  • Security or traffic camera footage
  • Location of debris from the accident
  • Skid marks
  • Property damage
  • Eyewitness accounts

It often comes down to the jury making the decision of who was at fault based on all of the evidence they are given. Thus, it’s critical to have as much information on your side as possible.

Contact Redmann Law Firm Today

Any time you’re involved in a pedestrian vs. car accident, it’s important to get legal assistance. There are a lot of things going on, and you don’t want to depend on insurance alone to tell you what should be done. Particularly when the fault is being established, you want your voice to be heard.

Working with experienced personal injury lawyers that understand the requirements of both pedestrians and drivers is critical. At Redmann Law, we have lawyers who know how to navigate the laws of Louisiana to help you.

Contact us today to schedule a free consultation. It’s your chance to discuss the details of your case and learn more about who may have been at fault during the accident.