Opelousas Pedestrian Accident Attorneys

What Are the Most Common Causes of Pedestrian Accidents?

In the simplest terms, the most common cause of pedestrian accidents is negligence. In other words, these incidents typically happen when one or both people involved are careless or act recklessly.

Specifically, some of the main factors involved in pedestrian accidents include:

• Distracted, careless, or negligent driving
• Driving under the influence of alcohol or drugs
• Speeding, including reckless and excessive speeds
• Failing to yield the right of way
• Pedestrian distractions, including texting while walking
• Unsafe or unlawful lefthand and righthand turns
• Failing to keep a proper lookout for pedestrians/vehicles
• Failing to exercise due care when driving near or around pedestrians
• Passing another vehicle unsafely or unlawfully
• Pedestrians walking or standing in the roadway
• Failing to obey red lights, stop signs, and other traffic control devices

Unsafe or defective road design, as well as inclement weather, may also contribute to low visibility, which is one of the most common factors in pedestrian-vehicle collisions. However, remember that even if a motorist claims to have not seen a pedestrian, this does not necessarily mean that they are not at fault for the accident.

Louisiana requires all motorists to exercise “due care” when driving, including always checking for pedestrians, keeping a proper lookout, and driving with reasonable caution to avoid collisions. If you were hit by a careless motorist, or if your loved one died due to a negligent motor vehicle driver, you could have grounds for a personal injury or wrongful death lawsuit.

Do Pedestrians Always Have the Right of Way?

To be clear, all motorists are required by Louisiana State law to yield the right of way to pedestrians whenever possible. Motorists must also exercise due care and drive with caution when pedestrians are present or in areas where pedestrians are likely to be, such as parking lots. However, this doesn’t mean that pedestrians automatically have the right of way in every situation.

In fact, Louisiana pedestrian laws require people to yield the right of way to vehicles in the following scenarios:

• When crossing a roadway outside of a marked or unmarked crosswalk
• When leaving a place of safety, such as a sidewalk, and entering a roadway
• When crossing where pedestrian bridges or tunnels are present and available

Furthermore, pedestrians are not allowed to walk on roadways when sidewalks are present and available to use. If there is no sidewalk, or if the sidewalk is closed, pedestrians may walk along the roadway, but they must walk as far to the left of the shoulder as possible, facing oncoming traffic. Louisiana law also prohibits pedestrians from crossing interstate highways at any time, except in an emergency.

What Responsibility Do Motorists Have to Pedestrians?

Just as Louisiana State law outlines the rights and responsibilities of pedestrians, it also details the obligations motorists have to pedestrians.

Some of these include:

• Motorists must take every possible and reasonable precaution to avoid collisions with pedestrians, even when pedestrians aren’t following the law
• Drivers should be extra cautious when certain types of pedestrians are present, including the visually impaired, the obviously confused or intoxicated, and children
• Motorists must always yield to pedestrians who are crossing a roadway in a marked or unmarked crosswalk unless the pedestrian has a “wait,” “do not walk,” or red traffic signal
• If there are no traffic signals (or no working traffic signals) at an intersection, drivers must always yield to pedestrians who are crossing in marked crosswalks

When motorists fail to uphold these responsibilities, they put pedestrians at risk. Sadly, negligent, careless, and reckless drivers injure and kill thousands of pedestrians each year—but these individuals can be held legally accountable for the harm they cause.

Who is Liable for a Pedestrian Accident?

In a pedestrian accident, liability depends on the specific circumstances of the incident. Generally, the following parties may be held liable:

• Driver: The motorist involved in the accident may be liable if they were negligent, such as speeding, running a red light, or failing to yield to pedestrians in crosswalks.
• Pedestrian: Although less common, pedestrians can be held liable if their actions contributed to the accident, such as jaywalking or crossing against traffic signals.
• Government Entity: In cases where poor road maintenance, inadequate signage, or malfunctioning traffic signals contribute to the accident, the government entity responsible for maintaining the road may be held liable.
• Vehicle Manufacturer or Parts Manufacturer: In rare cases, a defect in the vehicle or its parts (such as brakes or steering) may contribute to the accident, making the manufacturer or distributor liable.
• Employer: If the driver causing the accident was operating a vehicle as part of their job duties (such as a delivery driver), their employer may also be held liable under certain circumstances.

Filing a Pedestrian Accident Claim

Just like the victims of any other type of car accident, victims of pedestrian-vehicle collisions can bring claims against the at-fault driver’s insurance company or sue the at-fault driver for damages.

To have a successful claim, you will likely need to prove the following:

• You were injured
• Your injuries led to measurable damages
• The driver of the vehicle was at fault
• If you contributed to the accident, your degree of fault was less than 100%

Louisiana follows a rule of “pure comparative negligence,” meaning fault can be divided among all involved parties after a traffic accident. If the insurance adjuster and/or court finds you partly at fault, you can still recover monetary compensation for your losses, such as your medical bills, but you can’t recover the full amount you are seeking. Instead, your recovery will be reduced by your percentage of fault. So, for example, if you are found to have been 30% to blame for the collision, you could only recover up to 70% of the total amount you are seeking for your damages.

When an injured pedestrian is involved in an accident with a negligent driver, the following are legal avenues through which they can seek compensation:

• Insurance Claims: The injured pedestrian can typically file a claim against the driver's auto insurance policy. This can cover medical expenses, lost wages, and other damages up to the policy limits.
• Personal Injury Lawsuit: If the insurance coverage is insufficient or if the case warrants it, the injured pedestrian may file a personal injury lawsuit against the negligent driver. This allows them to seek compensation for damages not covered by insurance, such as pain and suffering, future medical expenses, and punitive damages (in cases of extreme negligence).
• Uninsured/Underinsured Motorist Coverage: If the negligent driver does not have sufficient insurance coverage, the injured pedestrian may be able to file a claim under their own uninsured or underinsured motorist coverage, if they have such coverage on their auto insurance policy.
• Third-Party Liability: In some cases, there may be other parties besides the driver who are partially or wholly responsible for the accident. For example, if a defective traffic signal contributed to the accident, the government agency responsible for maintaining the signal may be liable.

Because pedestrian accidents tend to result in catastrophic injuries, such as traumatic brain injuries and spinal cord injuries, the overall value of these claims tends to be relatively high. As a result, being found partly at fault could mean a difference in thousands or even tens of thousands of dollars for you and your family. It is important that you work with a knowledgeable and experienced attorney, like ours at Doran & Cawthorne, P.L.L.C., who can help protect your rights and seek the full compensation you are owed.

Get in Touch with Our Pedestrian Accident Lawyers Today

Getting back on your feet after a pedestrian accident can be incredibly difficult, but our team is here to help. Doran & Cawthorne, P.L.L.C. is proud to be a member of the local community, serving Opelousas and the nearby areas since 2007. We have helped countless individuals recover fair compensation after they were injured by careless drivers, and we have assisted families throughout the region seek justice when their loved ones tragically died due to the negligence and wrongful conduct of others.

When you trust your case to Doran & Cawthorne, P.L.L.C., you know exactly what you’ll receive: a team of experienced and compassionate attorneys who truly care about you and your recovery. We represent everyday people and fight for extraordinary results, allowing our clients to focus on healing and moving forward with their lives. Let our Opelousas pedestrian accident lawyers fight for you and the justice you deserve.

Contact us online or call (337) 222-3526 to schedule a free consultation.