When it comes to pedestrians and traffic laws, a common, well-known phrase by drivers everywhere is “Pedestrians have the right-of-way.” While that is true when it comes to crosswalks and sidewalks, there are situations where pedestrians don’t have a trump card regarding the rules of the road. In fact, contrary to popular belief, there are incidents where pedestrians are the ones at fault for an accident involving a car and pedestrian.
Pedestrians can be Liable for Disobeying the Rules of the Road
Simply put, pedestrians can be found responsible for an accident if they’re not following basic rules or abiding by specific pedestrian laws.
For example, a pedestrian who decides to cross the road without using the crosswalk and is struck by a car can be found at fault for the accident, as well as a pedestrian who misuses a crosswalk (i.e., crossing during a Do Not Walk light). Pedestrians can also be considered responsible for an accident if they’re intoxicated at the time of the event or walking in dangerous locations where pedestrians are not allowed.
Pedestrians and Vehicles Can Share Fault in an Accident
Unfortunately, determining fault for a car accident is not always cut and dry. In fact, there are numerous instances when the two parties involved share responsibility. When it comes to pedestrian vs. vehicle accidents, a shared fault is a common occurrence.
If a pedestrian tries to rush through a crosswalk light, doesn’t make it in time and is struck by a vehicle appropriately following their light signals, the pedestrian might be found partially at fault. Likewise, if a pedestrian is texting while walking and fails to notice a vehicle, they may be found partially at fault in that situation as well.
Louisiana is a fault-based state, which means that both parties will likely work diligently to determine they’re not the party at fault. When determining the fault of a pedestrian vs. automobile accident, it’s essential for all parties involved to gather the appropriate evidence and follow a process for filing a claim. Some recommended steps to determine fault include obtaining a police report and gathering witness statements. Likewise, it’s vital for both parties to exchange information to file a claim.
Get Help From a Dedicated Louisiana Personal Injury Attorney
If you have recently been involved in a pedestrian vs. vehicle accident and are looking for assistance in proving your case, the trusted attorneys at E. Orum Young Law will work hard to help you receive payment for any personal injuries you suffer.
At the Law Offices of E. Orum Young, we have 30-plus years of serving the citizens of Louisiana in all personal injury matters. Regardless of the circumstances of your accident, we’re confident our experience and expertise will provide you with the trusted legal counsel you need moving forward.
To schedule a free consultation or case review, call us at (318) 303-4194 or complete our online contact form.