It is important to understand that liability (fault) for a pedestrian versus car accident is not determined simply based on whether someone was in a crosswalk when they were hit by a car. Rather, whether you were in a crosswalk is just one of many factors to consider in determining liability.
For instance, if a person disobeys a traffic signal and runs out into a crosswalk right in front of a moving car with the right-of-way, the pedestrian would likely be at fault for causing their own accident.
Alternatively, if someone is walking in the street (even without a crosswalk) and is struck by a motorist who is not paying attention, driving too fast, or could have avoided the accident, then the motorist may be at fault for causing the accident.
In Louisiana, fault can be assessed to more than one person. This is called “comparative fault.” That means that even if a pedestrian is found to be partially at fault for causing an accident, the other driver can still be found negligent.
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Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.
