Is A Driver Always At Fault For A Pedestrian Accident?

Personal injury attorney Grady J Flattmann, accident injury expert in Covington, LA. also serving Mandeville, Madisonville, Bogalusa, Abita Springs, Folsom, Franklinton, Hammond, Ponchatoula, and surrounding St Tammany Parish, Tangipahoa Parish, and Washington Parish
Answered by
Grady Flattmann

A driver may not always be at fault for a pedestrian accident.  However, in Louisiana, we have a law called “comparative fault.”  This means that even if a driver is partially at fault for causing a pedestrian accident, they will still be responsible for a portion of the victim’s damages.  

Louisiana Pedestrian Accident Lawyer Flattmann Law

Take for example this scenario.  A good Samaritan stops his vehicle on a highway to provide emergency help to people who were just involved in an accident.  While crossing the highway, the good Samaritan is hit by a distracted driver, traveling way over the speed limit, and weaving through the accident scene.  In that scenario, the driver may be found at fault for being distracted and not taking steps to avoid hitting the good Samaritan pedestrian.

Pedestrian accidents typically involve a lot of facts which must be analyzed to determine fault.

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