How Shared Fault Works
An individual who has sustained an injury in a pedestrian accident may be shocked to hear that the other at-fault party is claiming they contributed to their injuries. Unfortunately, however, arguments that the injured individual is partially at fault are not uncommon. For example, a negligent driver may claim the pedestrian caused an accident by stumbling into the vehicle’s path. An argument of comparative fault could impact an injured party’s financial recovery. In Louisiana, according to CC § 2323, an injured party who is partially at fault may still recover damages with a reduction.
The percentage of fault the victim bears is important. For example, if they were 20% responsible for the accident, they may face a 20% reduction in the damages they can recover. With legal representation from a pedestrian accident attorney in Lafayette, victims could prepare to refute the defendant’s arguments of comparative fault and fight for maximum compensation.
How Pedestrians May Be Found At Fault
Jaywalking remains one of the most common ways pedestrians can be found at fault. This includes:
- Crossing outside of marked crosswalks when one is available
- Ignoring pedestrian crossing signals
- Darting into traffic without checking for vehicles
- Crossing between parked vehicles that obstruct drivers’ views
Intoxicated or impaired pedestrians may be held partially or fully responsible for accidents when their condition leads to:
- Stumbling into traffic
- Inability to judge traffic patterns or vehicle speeds
- Unpredictable movements near roadways
- Falling into the path of vehicles
Finally, modern distractions could lead to pedestrians being blamed for an accident. Using a smartphone without paying attention to your surroundings or wearing headphones that prevent you from hearing traffic could be used against you. They divide your attention, just like a distracted driver who texts while driving.
