It may be easy to assume that the driver is at fault in an accident between a vehicle and a pedestrian, but that’s simply not always the case. So, what happens if a pedestrian caused an accident?
The pedestrian may be responsible for damages incurred by the driver, and the driver will need to hire a pedestrian accident lawyer to pursue these damages. Read on to learn more, or contact a Lafayette pedestrian accident lawyer for more information.
Examples of Pedestrian Liability
Pedestrians who fail to follow traffic laws and safety guidelines can create dangerous situations that lead to accidents. Understanding these scenarios can help establish liability in your case.
Some common examples of pedestrian negligence include crossing outside designated crosswalks, ignoring traffic signals, or walking on prohibited roadways. These actions can make the pedestrian liable for any resulting accidents and damages.
The pedestrian’s impairment or reckless behavior, such as being under the influence or suddenly darting into traffic, can also establish their liability. In these cases, the driver may be entitled to compensation for any injuries or damages they sustained.
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.
ClientProving Liability in an Accident Caused by a Pedestrian
Building a strong case requires collecting and presenting compelling evidence of the pedestrian’s negligence. This process often involves gathering multiple types of evidence to support your claim.
Photos or Video Footage
Modern urban intersections and crosswalks frequently have security cameras monitoring pedestrian and vehicle traffic. This surveillance footage can provide vital evidence of the sequence of events.
Additionally, documenting the scene with your own photographs or video immediately after the incident helps preserve important details about road conditions, signage, and property damage. Taking them should be a thing you do following a pedestrian accident.
Police Reports
Most accidents with pedestrians cause injuries, so it’s required to contact the police and give a report. Their report will be an official account of what happened at the scene and may show liability.
Eyewitness Statements
Independent observers who saw the accident happen can provide crucial third-party accounts to support your case. Their unbiased testimony about the pedestrian’s actions and your response to the situation can help establish liability, so be sure to collect contact information from anyone who witnessed the incident.
Expert Testimony
Proving pedestrian negligence or careless actions after an accident can be challenging. Sometimes, pedestrian accident attorneys who are defending victims hire accident reconstruction experts to testify on their client’s behalf.
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 | ClientComparative Negligence in a Pedestrian Accident
In some situations, the pedestrian and driver might be responsible for the accident. Multiple factors can contribute to a collision, such as a pedestrian crossing outside a designated area while a driver is distracted or exceeding the speed limit.
Louisiana’s Civil Code § 2323 governs these situations through comparative negligence rules. Under this law, your compensation could be adjusted based on your degree of responsibility. For instance, if you’re found to be 20% at fault, your potential recovery would be reduced by that same percentage.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientRecoverable Damages in a Pedestrian-Caused Accident
When a pedestrian causes an accident, you may be eligible to recover various types of damages. These can include both economic and non-economic losses resulting from the incident.
- Economic damages often include medical expenses, lost wages, and property damage to your vehicle. These tangible losses can be documented through bills, receipts, and other financial records.
- Non-economic damages may cover pain and suffering, emotional distress, and other intangible impacts of the accident. While harder to quantify, these damages are equally important to your overall compensation.
You do not want to settle with an insurance company or law firm representing an at-fault pedestrian until you speak with a personal injury lawyer about your case. You could miss out on thousands of dollars in damages if you accept a payout without advice about the value of your case from our attorneys.
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.
ClientWhen Is a Pedestrian at Fault for a Car Accident?
Just as drivers have a duty to keep other people who use the roads safe, pedestrians also have a duty of care toward drivers. If a pedestrian fails to take reasonable care and their negligence causes a car-pedestrian accident, the pedestrian is at fault. The injured pedestrian may still be responsible for the accident regardless of if their injuries are more severe than the driver’s.
Because of how traffic laws are structured, drivers typically have a higher duty of care to pedestrians than those on foot do to motorists. This makes it challenging to show a pedestrian is the primarily liable party in these accidents.
In most cases, the pedestrian struck by the car files a claim based on the driver’s auto liability policy or sues the at-fault motorist. While comparative negligence rules may apply, the role attributed to the pedestrian is generally fairly minor without strong evidence.
When Is it Considered the Driver’s Fault in a Pedestrian Accident?
When a driver fails to follow the rules of the road, their negligence can cause an accident. This can be caused by distracted driving, drunk driving, or even road rage. It can also occur because of a careless mistake on the driver’s part, such as mindlessly running a red light or failing to see a pedestrian in the crosswalk while turning left.
Pedestrians have a right to use the roads safely as long as they are following the laws, and they also have the right to expect drivers to obey the laws. When they don’t, the driver is at fault.
Drivers are also responsible for taking certain precautions when they see a pedestrian, even if that pedestrian is breaking the law. For example, a driver must still try to stop when someone crosses the street in front of them between crosswalks or crosses against the traffic light.
Get Help From Our Experienced Lawyers for Pedestrian Accidents
If you were injured when a pedestrian caused an accident, you may need to hire pedestrian accident attorneys to represent you throughout the claims and settlement process. When a Lafayette car accident lawyer represents you, they can:
- Handle all communications, deadlines, and paperwork on your behalf.
- Conduct your case in accordance with Louisiana law.
- Investigate your case to prove negligence and liability.
- Identify the liable party.
- Gather evidence of their liability and the extent of your injuries.
- Negotiate with the responsible party’s insurance company for a settlement.
- Take your case to trial, if necessary.
Contact Our Personal Injury Law Firm to Discuss Your Case With a Pedestrian Accident Attorney
Other parties injured by the pedestrian’s negligence also have the legal right to seek compensation. However, if a pedestrian caused your accident, your rights will depend on your state’s laws. An attorney can tell you more about the laws where you live and how they apply to your claim.
Hiring a pedestrian accident lawyer can be the difference between receiving fair compensation for your injuries or being left to fend for yourself. Remember, time is of the essence when it comes to filing a personal injury claim. The sooner you hire a lawyer, the better your chances of receiving the compensation you deserve.
Laborde Earles has three offices in Louisiana to serve clients injured in pedestrian accidents. We will review your case for free today, so don’t hesitate to contact us now.
