Who Is At Fault If You Hit a Pedestrian in Louisiana?

For Louisiana drivers, accidents with pedestrians are a frightening experience. Even at a low speed, say 20 miles per hour, a motor vehicle is likely to severely injure a pedestrian, especially children and elderly people who are more vulnerable. If the driver will often be physically unharmed in such a collision, the emotional distress and guilt are likely to stay with him or her for a long time.

Because of the severe, sometimes fatal, injuries often sustained by pedestrians who are hit by a car, it is important to determine who is at fault.

In general, the laws of negligence determine who is liable for an accident. Did the driver or the pedestrian exercise reasonable care? Did the driver disregard the speed limit, or did the pedestrian bolt onto the roadway without looking at the traffic?

Pedestrians walking on crosswalks have a right-of-way. In general, vehicles will be expected to yield to pedestrians who are already on the roadway, especially where crosswalks are non-existent. In most accidents involving pedestrians, it will be essential to get witnesses to report what they saw, because there will be little to no other evidence about the circumstances of the crash.

Frequently, both the car driver and the pedestrian will have contributed to the accident, and share the blame. In a "comparative negligence system" such as Louisiana's, the injured party will see its compensation reduced by the proportion of its own contribution to the accident.

If you have been hurt in a car, truck, motorcycle or bicycle accident caused by someone else, contact the New Orleans accident attorneys of the Young Firm for a FREE discussion of your case. Also be sure to order our FREE lawyer book "A Guide To Steering Through a Serious Vehicle Accident in Louisiana".