Pedestrian accidents are a serious concern, with numerous factors contributing to their occurrence and severity. Some main causes of pedestrian accidents include failure to yield the right of way, jaywalking, distracted driving or walking, and crossing against the light.
Some causes are due to drivers, and some are due to pedestrians. If you or a loved one has been injured in a pedestrian accident caused by another vehicle, you may have the right to seek compensation for your injuries and damages if the accident wasn’t your fault.
Our Lafayette pedestrian accident lawyers will explain the causes of pedestrian accidents and how they can impact your case. Here’s a detailed look at the common causes of these accidents and how you can pursue legal action to recover compensation for your losses.
The Main Causes of Pedestrian Accidents
According to the National Highway Traffic Safety Administration’s (NHTSA), the main causes of pedestrian accidents include:
- Failing to yield the right of way
- Crossing a roadway or intersection improperly
- Standing, lying, playing, or working in a roadway
- Having poor visibility
- Being under the influence of drugs, alcohol, or medication
- Running into the road
Here is more information about these causes:
Failing to Yield Right of Way
“Right of way” refers to the legal right of a pedestrian or motorist to proceed with precedence in a particular location or situation. For instance, if a traffic signal directs a pedestrian to proceed onto the crosswalk, a motorist must allow the pedestrian to cross the road before driving through the intersection or crosswalk area.
Failure to yield the right of way occurs when a pedestrian or motorist commits a traffic violation by proceeding without giving precedence to the other party–for example, if a car does not yield to a pedestrian in a crosswalk.
Crossing a Roadway or Intersection Improperly
A pedestrian may cross a roadway or intersection improperly. They may attempt to cross the street somewhere other than the designated crosswalk (also known as jaywalking), at the last minute before a light changes, or in front of oncoming traffic.
When pedestrians cross a roadway improperly, drivers may have little time to react. Consequently, a driver may hit a pedestrian, causing severe injuries. If a pedestrian behaves negligently and causes a collision, the driver may want to consider hiring a car accident lawyer in Lafayette.
Standing, Lying, Playing, or Working in a Roadway
It can be difficult for a driver to avoid an accident with a pedestrian standing or lingering in the roadway. Even if a car swerves to miss the pedestrian, a driver behind it may not see them in time. A pedestrian standing, lying, or playing in a roadway may be held responsible for the accident.
However, sometimes people need to be in the roadway. Driver negligence can be deadly for roadside workers. Workers must wear visible gear and place signs on the road that alert drivers of their presence and the worksite. The law also gives them the right of way to work on the road.
Having Poor Visibility
Several factors can reduce visibility on the road, leading to drivers getting into accidents with pedestrians. Examples of these factors include:
- Poor weather conditions
- Objects or vehicles on the side of the road
- Pedestrians wearing dark clothing at night
- Poor headlights on a vehicle
- Bright lights shining in a pedestrian’s eyes
When poor visibility is an issue in an accident, liability may fall on pedestrians, motorists, or other parties, such as the city or a road crew. However, poor visibility should also cause a pedestrian or motorist to exercise caution. Failure to do so is what often leads to pedestrian accidents.
Drugs, Alcohol, or Medication
Driving under the influence (DUI) is a contributing factor in thousands of car-related accidents each year. Drugs and alcohol can impair judgment, making walking across the street or operating a vehicle more difficult.
Either a pedestrian or a motorist who has had too much to drink or has been using drugs could cause an accident. A DUI accident may qualify for punitive damages if it involves a pedestrian, allowing victims to get money beyond normal compensatory damages.
Running or Darting into the Road
Children and adolescents may dart into a road with no regard for oncoming traffic, leading to tragic pedestrian accidents. When a pedestrian darts out into the road, the driver may have insufficient time to react properly. Consequently, they may strike the pedestrian and cause massive injuries.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientDistracted Driving Is a Cause for Pedestrian Accidents
Louisiana is among the states with the most distracted driving deaths. Drivers who text, eat, or engage with their phones while driving may only notice pedestrians once it’s too late.
Many accidents occur when drivers fail to check their surroundings properly before turning or backing up. This negligence often results in serious injuries at crosswalks and parking lots. It can also cause fatalities.
Texting while driving is illegal and a primary offense in Louisiana. If you’ve been hit by a distracted driver while crossing the road legally, the law is on your side, and you should speak with our Lafayette personal injury lawyers for advice.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientWhere Are Pedestrian Accidents More Likely to Occur?
Urban intersections see the highest concentration of pedestrian accidents, particularly during rush hour periods when vehicle and foot traffic peak. Pedestrians are supposed to cross at marked intersections if they can, so it’s logical that the chance of a pedestrian accident is higher here.
Residential areas near schools and parks experience increased risk during specific times, such as school drop-off and pick-up hours. This is why school zones have lower speed limits and use crossing guards to protect children who may not be old enough to know the need to stay safe while crossing.
Areas with high tourist activity or entertainment districts also face a higher risk of pedestrian accidents, especially during evenings and weekends when foot traffic increases. Some of these areas may also have a higher concentration of intoxicated people, either on foot or behind the wheel.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientLegal Responsibilities of Drivers and Pedestrians
Drivers must yield to pedestrians in crosswalks and exercise reasonable care when operating their vehicles. This includes maintaining safe speeds and remaining vigilant in areas with high pedestrian traffic so they don’t cause an accident.
Pedestrians also have responsibilities when walking on public roads, such as using designated crosswalks and following traffic signals. A pedestrian who doesn’t follow the rules of the road may be held liable for an accident, which could mean they would have to pay for their damages themselves.
Safe Driver Practices
Maintaining proper speed and following posted limits is crucial, especially in areas with high pedestrian traffic. Conditions may require speeds lower than posted limits during inclement weather or poor visibility. The slower you go, the safer you are on roads where pedestrians are allowed.
Stay alert near school zones, residential areas, and popular walking paths. Our team has seen too many preventable accidents in these high-risk areas where extra caution could have prevented them.
Pedestrian Safety Guidelines
Always use designated crosswalks and wait for proper signals before crossing. While you may have the right of way, make eye contact with drivers to ensure they see you before entering the street.
Consider wearing reflective clothing or carrying a flashlight when walking at night. Studies show that increasing visibility can reduce your risk of being involved in a nighttime pedestrian accident.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientPedestrian Accident Injuries That Require a Lawyer’s Help
The most devastating pedestrian accidents often result in catastrophic injuries that fundamentally change victims’ lives. Traumatic brain injuries and spinal cord damage can require lifetime medical care and assistance with daily activities. These injuries frequently prevent victims from returning to work or living independently.
Multiple bone fractures and internal organ damage often require extensive surgeries and lengthy rehabilitation periods. When these injuries lead to permanent disability or disfigurement, victims may face not only enormous medical expenses but also significant loss of earning capacity and quality of life.
Crush injuries and traumatic amputations often require multiple surgeries, prosthetics, and extensive physical therapy. These life-altering injuries can result in substantial medical bills, lost wages, and permanent lifestyle changes.
You Might Qualify for Compensation if You Were Injured as a Pedestrian
If you were injured while crossing the street or working on the roadway, you may qualify to pursue compensation from the at-fault driver. You can file a car accident claim or lawsuit even as a pedestrian and demand compensation based on the damages you suffered.
Compensatory damages may refer to financial losses, physical pain, or emotional damage you endured during or after the accident. For example, depending on the circumstances of your case, your compensable damages may include:
Medical Expenses
These can apply to emergency room care, surgeries, and prescription medications needed to treat your injuries.
If you were severely injured and still require treatment for a long-term injury, we can also help you estimate future medical expenses, such as costs for doctor’s appointments, physical therapy, or medical equipment (e.g., a wheelchair).
Income Loss
When a vehicle hits a pedestrian, the pedestrian is completely vulnerable, so they can suffer catastrophic injuries that take weeks, months, or years to heal. Some may even be permanent.
If you had to take time off from work, whether paid or unpaid, you may be entitled to receive compensation from the at-fault party to cover lost wages and benefits. If your injuries permanently affect your ability to work, you may also claim reduced earning capacity.
Pain and Suffering
This refers to the physical and emotional pain you’ve suffered because of the accident. However, it can also serve as an umbrella term for other non-economic damages, such as emotional distress, psychological trauma, permanent disability, physical disfigurement, and diminished quality of life.
Property Damage
If your property was damaged in the accident (e.g., your home’s fence or mailbox), you may request funds to cover the cost of repair or replacement.
Wrongful Death Damages in Pedestrian Accident Cases
Unlike cyclists, pedestrians do not typically walk around cities wearing helmets, so they have little to no protection against vehicles in accidents. This can leave them vulnerable to fatal injuries.
If you are mourning a loved one lost in a pedestrian accident, we extend our condolences to you and hope to help you fight for the compensation you need.
You can file a wrongful death action to pursue compensation for damages such as:
- Loss of consortium or companionship
- Loss of parental guidance
- Medical debts left by the decedent
- Loss of financial support
- Loss of inheritance
A Personal Injury Lawyer From Our Team Can Manage Your Case While You Recover
If you work with a lawyer from our firm, we can manage your case for you, allowing you time to recover from your injuries or address other immediate matters. While you recover, we can:
- Investigate the accident to identify the liable party or parties
- Retrieve evidence on your behalf that shows who’s at fault and liable for your damages
- Speak with insurance companies, lawyers, and other involved parties on your behalf so that your case remains protected
- Negotiate a settlement for you
- Prepare your case for court to present in front of a jury if necessary
- Provide legal counsel should you have questions about how to move forward
You can learn more about our legal services in a free consultation. One of our team members can also discuss our contingency fee agreement system. Click here to learn more about our firm and our approach to law.
Get Help From a Lafayette Pedestrian Accident Lawyer Today
If you were injured in a pedestrian accident in Lafayette or Alexandria, Laborde Earles Injury Lawyers may be able to help you. We represent victims in settlement negotiations or personal injury lawsuits.
If a negligent driver struck you while you were a pedestrian, we can help you recover compensation for your medical bills, lost wages, pain and suffering, and more. You may also be able to recover compensation if you were a driver injured in a car accident caused by the negligent actions of a pedestrian.
To get started with your case, call Laborde Earles for a free, no-obligation consultation with our lawyers. We can represent you on a contingency fee basis with no upfront payment required.
