Claims Involving Pedestrian-Vehicle Collisions
Every day, millions of Americans walk to get to where they need to go. Whether you walk to work or school or simply cross a parking lot to get to the store, you are most likely a pedestrian at some point almost every single day. Unfortunately, this means you are also at risk.
In Louisiana, thousands of pedestrians are injured and hundreds more are killed every year by negligent, reckless, and careless drivers. In fact, according to the to the Center for Analytics & Research in Transportation Safety (CARTS) at Louisiana State University, pedestrian accident fatalities rose by more than 15% in Louisiana in 2020.
If you or your loved one was involved in a vehicle-pedestrian collision, you already know the dangers of distracted and negligent drivers, as well as the impact of these accidents. At Jones & Hill, we also recognize the immense challenges you and your family are facing—and we know how to help. Our Louisiana pedestrian accident lawyers can assist you in filing a personal injury or wrongful death claim and fight for fair compensation on your behalf. On countless occasions, we have seen firsthand how a fair financial recovery can allow injured accident victims and their loved ones to obtain justice and secure the resources they need to heal.
To learn more, contact us online or call our office at 1-888-481-1333 for a no-cost, no-obligation consultation.
What Are the Most Common Causes of Pedestrian Accidents?
Like other types of car accidents, most motor vehicle collisions with pedestrians come down to negligence. Motorists have a responsibility to drive with care and act reasonably to avoid potentially fatal collisions with people on foot. All too often, however, they fail to take the necessary precautions to avoid hitting pedestrians—and the consequences are often catastrophic.
Pedestrian accidents are commonly caused by:
- Distracted driving
- Inattention and inexperience
- Drunk driving
- Running red lights/stop signs
- Failing to yield the right of way
- Unsafe turns
- Illegal passing
- Fatigued driving
- Poor visibility
- Unsafe driving maneuvers
- Unlawful crossing
- Traffic law violations
Pedestrian accidents often involve collisions at intersections and in parking lots, as well as along highways and near driveways and alley/building entrances and exits. These accidents often occur at night and frequently involve intoxication, whether on the part of the motor vehicle driver or the pedestrian. In many cases, motorists who cause pedestrian accidents flee the scene due to fear of repercussions, leaving injured pedestrians to pick up the pieces on their own.
Regardless of the specific details of your case, our Louisiana pedestrian accident attorneys at Jones & Hill can help ensure that your rights are protected. We have been serving clients in and around the communities of Lake Charles, Alexandria, Oakdale, Oberlin, and for more than 35 years and are ready to fight for the justice and financial recovery you deserve.
Who Is at Fault for a Pedestrian Accident?
In most cases involving vehicle-pedestrian collisions, the operator of the motor vehicle is at fault. This is because Louisiana law states that all motorists have a strict responsibility to do everything reasonable and necessary to avoid hitting people on foot. Motorists should always act with care and take extra precautions to avoid causing a potentially fatal pedestrian accident.
Specifically, Louisiana motorists are required to:
- Yield the right of way to pedestrians in marked and unmarked crosswalks
- Allow a pedestrian to continue crossing when they enter the crosswalk on a green or “walk” signal
- Yield to pedestrians crossing at intersections, including when turning
- Do everything possible to stop/avoid hitting a pedestrian crossing the street or walking along the roadway
- Avoid passing any vehicle that has stopped to allow a pedestrian to cross
- Exhibit care when driving near a pedestrian who appears visually impaired, intoxicated, lost, confused, or disoriented
All too often, motorists act carelessly, recklessly, and negligently, leading to devastating collisions. If you or someone you love was hit in a crosswalk, while crossing an intersection or driveway, or when walking along a roadway without a sidewalk, you could be entitled to financial compensation. Our attorneys can help you bring a claim against the at-fault driver or another liable party, such as a trucking company or vehicle parts manufacturer, and seek the full, fair recovery you are owed.
Do Pedestrians Always Have the Right of Way?
Although motorists are required by law to do everything they can to avoid hitting pedestrians, people sharing the roadway on foot also have certain responsibilities. In some cases, pedestrians are actually required to yield the right of way to oncoming traffic.
Pedestrians in Louisiana generally do NOT have the right of way in the following situations:
- When crossing at an intersection or marked/unmarked crosswalk when there is a red light, “do not walk,” “wait,” or similar traffic control device displayed
- When crossing a roadway anywhere other than a marked or unmarked crosswalk, including between two adjacent intersections where traffic control devices are in operation
- When leaving a place of safety, such as a curb or sidewalk, and oncoming traffic is approaching too quickly/closely to reasonably stop or yield to the pedestrian
Additionally, pedestrians should use sidewalks when they are available and avoid walking along the roadway whenever possible. If a pedestrian must walk along a roadway, he or she should walk as far over to the left side of the road as possible (in the shoulder if one is available) and facing oncoming traffic. Pedestrians in Louisiana are not allowed to approach vehicles on public roadways to solicit rides (hitchhike) or for the purpose of business/employment.