Many cities and towns in Ouachita Parish and across Louisiana are, unfortunately, designed with cars in mind. As such, it has grown increasingly unsafe for those who travel on foot to walk around. As a result, pedestrian accidents have skyrocketed, leaving many suffering the impacts left by negligent drivers. In Louisiana, fault for a pedestrian accident is determined by examining negligence, right-of-way laws, and the actions of all parties involved. If this reflects your circumstances, you should contact an Ouachita Parish, Louisiana personal injury lawyer to explore your legal options. Additionally, the following blog can help you learn why these accidents occur and who can face liability for the damages inflicted.
How Do Pedestrian Accidents Happen?
Pedestrian accidents happen whenever someone traveling on foot is struck by a vehicle. Generally, these occur at intersections, crosswalks, and parking lots, as there are often higher numbers of pedestrians in these locations.
There are several reasons that these accidents can happen. In most instances, driver error is to blame. This could be because the driver was distracted, driving negligently, or failed to yield to the person in the crosswalk. However, pedestrians who do not understand the right-of-way laws can also cause a collision. For example, if the pedestrian “jaywalks” or crosses the road where there is no crosswalk, or steps off the curb when an approaching vehicle is too close to stop safely, they can be deemed liable.
In addition to vehicle collisions, pedestrians can suffer accidents when property owners fail to ensure that their property is safe for those traveling on foot. This includes damaged sidewalks and hazardous conditions that can increase the risk of a serious injury.
Common Causes of Pedestrian Accidents in Louisiana
- Drivers failing to yield at crosswalks or intersections
- Distracted driving, including texting or inattention
- Speeding or reckless driving in pedestrian-heavy areas
- Pedestrians jaywalking or crossing roads outside of designated areas
- Unsafe sidewalks, debris, or poorly maintained walking paths
- Drivers making turns without checking for pedestrians
Who Can Face Liability in a Louisiana Pedestrian Accident?
To determine who will face liability, investigators must first narrow down the cause of the accident. It’s important to understand that while drivers are typically found at fault for these accidents, pedestrians can also be held liable.
In many instances, the police and first responders to the scene will conduct a preliminary investigation into the accident. For example, they may speak to both the driver and the pedestrian to get their account of what happened before taking the statements of witnesses. When possible, dashboard camera footage or local security videos can help determine liability.
Louisiana operates under a comparative fault system, meaning multiple parties may be found liable for an accident. As such, your compensation may be reduced by your determined percentage of fault in the incident.
How Is Fault Determined in a Pedestrian Accident?
- Police reports documenting the scene and detailing initial findings
- Statements from drivers, pedestrians, and witnesses
- Traffic camera, dashboard camera, or surveillance camera footage
- Physical evidence, like skid marks and vehicle damage
- Compliance with Louisiana right-of-way and traffic laws
- Road conditions and visibility at the time of the accident
Common Examples of Shared Fault Scenarios
- A pedestrian crossing outside of a marked crosswalk is struck by a speeding driver
- A pedestrian crosses legally but is distracted and is struck by a distracted driver
- Poor lighting reduces visibility for both parties
If I Was Hurt While Walking, What Should I Do?
If you were injured while walking due to a driver’s negligence, ensuring you take the correct steps to protect yourself is critical. Generally, the first thing you should do is contact emergency services as soon as possible. This allows you to request a police presence at the scene and obtain treatment for medical injuries.
You should also take photos and videos of the accident scene if you are physically able to. Unfortunately, you may find that your injuries require immediate transportation to a hospital, meaning you may not have time to photograph the accident. If this is the case, you should call a local friend or family member to assist.
Taking immediate action following a pedestrian accident in Monroe or a surrounding Ouachita Parish, Louisiana community is critical, as it can not only impact your health, but also your ability to file a claim for compensation.
Steps to Take After a Pedestrian Accident in Louisiana
- Call emergency services to report the accident and seek immediate medical attention
- Request a police report and obtain a copy before leaving the scene
- Take photos and videos of road conditions, the damage to both vehicles, crosswalks, signage, and your visible injuries
- Gather the contact information of witnesses
- Exchange information with the driver
- Do not provide statements to insurers without first consulting an attorney
- Seek follow-up medical care, even if injuries seem minor or you feel fine
Contact an Experienced Monroe, Louisiana Injury Attorney
Finally, it is in your best interest to contact an experienced attorney as soon as possible during these complex times. Unfortunately, trying to prove liability without legal representation can be incredibly difficult. As such, connecting with a lawyer can help give you the best chance to receive compensation for the injuries you’ve endured. At Breithaupt, DuBos, & Wolleson, LLC, we understand how overwhelming it can be to fight for funds when you are hurt, which is why we are dedicated to helping you during these matters. Call our office today to learn how we can help you.