In an accident between a vehicle and a pedestrian, it may be easy to assume that the driver is at fault. However, a negligent pedestrian who steps into the road can make it difficult for a driver to avoid an accident. As a result, the driver may hit the pedestrian, veer off the road, or hit an oncoming driver in another car.
If a pedestrian caused a car accident, several things may happen. The pedestrian may be responsible for damages incurred by the driver, and they will need to get a pedestrian accident lawyer. This may include medical expenses, lost wages, pain and suffering, and property damage to the vehicle. Even if the pedestrian is injured, they may still be liable for damages to the driver.
Examples of Pedestrian Liability
If a pedestrian is at fault for an accident, the driver may be able to file a claim against the pedestrian for any injuries they suffered with the help of a pedestrian accident law firm.
Some scenarios under which a pedestrian may be at fault in a pedestrian accident include:
- Crossing the street in an area other than the designated crosswalk
- Not following a traffic signal
- Crossing the street while under the influence of drugs or alcohol
- Walking on roadways where pedestrians are prohibited
- Darting or running out in the street without regard for drivers
In these scenarios, the pedestrian may be at fault for the accident. In order to recover compensation for an accident, the driver may have to prove that the pedestrian caused the accident and that they could not avoid hitting the pedestrian or getting into a wreck.
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Proving Pedestrian Liability
Following a pedestrian accident, proving that the driver was innocent may be difficult. To establish pedestrian liability, a pedestrian accident attorney may need to collect evidence of how the pedestrian was responsible for the accident. Evidence in a pedestrian accident case may include:
Photos or Video Footage
Crosswalk areas often contain surveillance cameras in cities. Cameras can help you see the accident more clearly to establish what happened and who was at fault. Furthermore, any photos or videos taken at the scene of the accident may be used as evidence.
Eyewitnesses can be valuable to a driver’s case. Witnesses at the scene may provide written or verbal testimony that the pedestrian was at fault, and the driver could not have avoided hitting them or getting in an accident. If possible, the driver should try to get contact information from any witnesses.
Proving pedestrian negligence or careless actions can be challenging after an accident. Sometimes, pedestrian accident attorneys defending victims in these cases hire accident reconstruction experts to testify in their client’s defense.
Comparative Negligence in a Pedestrian Accident
The driver may share some responsibility for the accident. A pedestrian may have been jaywalking. However, the driver may have been speeding or looking at their phone and failed to see the pedestrian. In cases where both parties are to blame, the pedestrian and the driver may enter into a comparative negligence case.
Civil Code § 2323 states that a plaintiff’s compensation may be reduced in proportion to the amount of responsibility they have for the accident in Louisiana. Accordingly, if a plaintiff is deemed to be 25% at fault for an accident and owed $100,000 in damages, those damages may be reduced by 25% to $75,000.
Damages in a Pedestrian Caused an Accident
Like any other personal injury case in Louisiana, victims are entitled to file a claim for economic and non-economic damages. A victim may be eligible to claim the following losses, including:
- Medical expenses
- Lost pay, benefits, bonuses, or tips
- Physical suffering
- Emotional or mental distress
- Property damage
How much a claim is worth depends on several factors such as how the accident occurred, who was involved, the extent of the losses, and comparative negligence.
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When 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 live up to that duty of care and their negligence causes an accident, the pedestrian is at fault. Even if the pedestrian is more seriously injured than the driver, they may still be responsible for the damages.
When Is It Considered Driver’s Fault in a Pedestrian Accident?
When a driver fails to follow the rules of the road, their negligence can cause a pedestrian accident. This can be caused by distracted driving, drunk driving, or even road rage. 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.
Get Help From Pedestrian Accident Lawyers
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 car accident lawyer who specializes in pedestrian accidents represents you, they can:
- Handle all communications, deadlines, and paperwork on your behalf
- Conduct your case in accordance with Louisiana law
- Investigate your case
- Identify the liable party
- Gather evidence of their liability and the extent of your injuries
- Negotiated with the responsible party’s insurance company for a settlement
- Take your case to trial, if necessary
When a pedestrian causes an accident, any other party who was injured by the pedestrian’s negligence has the legal right to seek compensation. If a pedestrian caused your accident, your rights will depend on your state’s laws. A personal injury attorney can tell you more about the laws where you live and how they apply to your claim.