New Orleans is a busy city, full of life, culture, and unfortunately, traffic. With so many people walking and cars driving, accidents usually happen. When a car hits a pedestrian, it is important to figure out who was at fault, or responsible, for the accident. This can be tricky, but understanding the rules can help.
Understanding fault in pedestrian accidents
When a pedestrian gets hit by a car, figuring out who is at fault is not always easy. In New Orleans, both drivers and pedestrians have rules they need to follow. If a driver is speeding or not paying attention and hits someone in a crosswalk, they are likely at fault. But what happens if the pedestrian wasn’t in a crosswalk?
Pedestrians and proving fault
In a city like New Orleans, where people are always on the move, it might seem hard for a pedestrian to prove they were not at fault. In Louisiana, it comes down to something called “comparative fault.” This means that even if the driver was mostly at fault, the pedestrian might also share some of the blame.
This rule affects the amount of money pedestrians can receive for their injuries. If they are found to be 20% at fault, they only receive 80% of the money to cover their damages.
When pedestrians can be at fault
There are specific situations where a pedestrian might be at fault:
- Not using a crosswalk: New Orleans city rules say pedestrians should use crosswalks whenever possible. If someone crosses in the middle of the street and gets hit, it could be their fault.
- Ignoring traffic signals: Just like cars, pedestrians need to pay attention to traffic lights. If a pedestrian crosses when the light says “Don’t Walk,” they could be at fault if an accident happens.
- Walking on the road: If there is a sidewalk available, pedestrians should use it. Walking on the road instead could lead to an accident and make them responsible.
- Suddenly darting into traffic: Pedestrians can’t just jump out into the street.
Dealing with pedestrian accidents can be confusing. An attorney who knows personal injury law in New Orleans can help you understand your rights. They can investigate the accident, gather evidence and negotiate with insurance companies.
Whether you are a driver or a pedestrian, paying attention and following the rules is the best way to stay safe.