When a car strikes a pedestrian, most people assume the driver is at fault. While that assumption is often correct, a pedestrian may bear some or all of the liability in certain circumstances.
Fault in a pedestrian accident depends on the specific facts of what happened, what both parties were doing at the time, and how Louisiana’s legal framework allocates responsibility between them. The answer is rarely as simple as it first appears and getting it wrong can mean the difference between full compensation and a dramatically reduced recovery. Reach out to our experienced Lafayette pedestrian accident lawyers to learn more.
Drivers Have a Legal Duty To Pedestrians
Drivers must yield to pedestrians who are lawfully in a crosswalk. This rule applies whether the crosswalk is marked with paint and signals or is simply an unmarked intersection crossing.
Beyond crosswalks, drivers are expected to maintain a proper lookout. They must actively watch for pedestrians and not merely react to them after the fact. A driver who is focused on a phone, talking to a passenger, adjusting the radio, or simply not paying attention to the area ahead is not maintaining the standard of care required by the law. Distracted driving is one of the most common contributing factors in pedestrian accidents and carries significant weight in fault analysis.
Drivers must also obey speed limits and traffic controls, which matters more in pedestrian accident cases than many people realize. Speed directly determines both the likelihood of a collision and the severity of the resulting injuries. A driver speeding through a residential neighborhood or a school zone who strikes a pedestrian has violated laws specifically designed to protect people on foot, which can establish negligence per se and dramatically simplify the liability argument.
When Is a Pedestrian Liable for a Crash?
While drivers bear the greater legal burden in most pedestrian accident cases, there are circumstances in which a pedestrian is at fault for a collision. Louisiana courts and juries evaluate pedestrian conduct with the same objective standard applied to drivers. They ask whether this person acted as a reasonably careful person under the same circumstances. When the answer is clearly no, fault shifts accordingly.
Some of the most common ways a pedestrian may be liable for a crash include:
- Stepping off a curb or out from between parked cars directly into the path of an oncoming vehicle, giving the driver no reasonable chance to react. If a driver was traveling at a lawful speed with a proper lookout and simply had no time or space to avoid the collision, the pedestrian may be liable.
- Crossing against the traffic signal. Traffic signals exist to coordinate the movement of vehicles and pedestrians to prevent exactly this kind of accident. A pedestrian who crosses on a “Don’t Walk” signal is violating a rule designed specifically to protect them, and that violation will factor into the fault analysis.
- Walking along a roadway where sidewalks are available. Louisiana law generally requires pedestrians to use sidewalks when they exist and are accessible. A pedestrian who walks in the travel lane of a road when a sidewalk is available — and is subsequently struck by a vehicle — may be found partially at fault for placing themselves in a position that created unnecessary risk.
- Crossing at a location with no established crossing. Mid-block crossings in areas without marked or unmarked crosswalks, particularly on high-speed roads, put pedestrians in a legally vulnerable position. Courts will consider whether the pedestrian had a clear view of traffic before crossing, whether they waited for an appropriate gap, and whether the crossing location itself was inherently dangerous.
- Walking while distracted. Pedestrian distraction is an increasingly relevant factor in accident cases. A pedestrian wearing headphones, looking at a phone screen, or otherwise inattentive to traffic conditions may be found to have contributed to a collision they could have avoided had they been paying attention.
Even when a pedestrian is at fault, they may still have a remedy. In many pedestrian accidents, both parties make mistakes, and Louisiana’s comparative fault system is designed to apportion fault proportionally rather than treating fault as all-or-nothing.
However, Louisiana’s comparative fault law now bars recovery for any plaintiff who is 51% or more at fault for their injuries. It is more critical than ever to have an experienced Louisiana pedestrian accident lawyer protecting your rights and working diligently to recover the full value of your claim.
Consult an Experienced Louisiana Pedestrian Accident Attorney
If you have been injured in a pedestrian accident, you may be entitled to recover significant compensation. Unfortunately, insurance companies and defense attorneys will work to deny, delay, and devalue your claim.
At Anderson Blanda & Saltzman, our personal injury attorneys in Lafayette have a proven record of securing maximum compensation for our clients. Let us help you obtain the full compensation you are entitled to. Call (337) 233-3366 or complete the short form on our contact page and schedule a free consultation to discuss your pedestrian accident claim.