Getting around on foot should be one of the safest ways to travel, but that’s not always the case. Pedestrians face serious risks when drivers fail to pay attention, ignore traffic signals, or speed through intersections, which is why it’s important to be aware of your rights as a pedestrian in Louisiana.
Louisiana law provides specific protections for people on foot. If you were hit by a negligent driver while walking, a New Orleans pedestrian accident lawyer can help you hold them financially accountable.
What Rights Do Pedestrians Have in Louisiana?
Pedestrians in Louisiana have the right to use public roads safely, and the law requires drivers to act with caution around them. Under state law, drivers must stop for pedestrians who are legally crossing the street, whether the crosswalk is marked or unmarked. If a driver fails to yield, they can be held liable for any injuries caused.
Pedestrians also have the right to walk along the shoulder or edge of the road when sidewalks aren’t available, as long as they face oncoming traffic and stay as far from moving vehicles as possible.
However, these rights come with responsibilities. Pedestrians must obey traffic signals and avoid suddenly stepping into the path of a moving vehicle. While the law protects pedestrians, it also expects them to act with reasonable care for their own safety.
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(504) 500-1111Where Pedestrians Have the Right of Way
Louisiana pedestrians are most protected when they’re in crosswalks or at intersections. Louisiana law clearly states that drivers must stop and remain stopped when a pedestrian is in the same half of the roadway or approaching so closely from the opposite side that they’re in danger.
In addition, vehicles must yield to pedestrians on sidewalks or when entering a driveway or alley. Drivers who fail to yield in these areas can face traffic citations, civil liability, or both.
Even in situations where a pedestrian doesn’t have the right of way (such as crossing outside a crosswalk), drivers are still required to exercise due care to avoid a collision.
Common Situations That Lead to Pedestrian Accidents
Pedestrian accidents in Louisiana happen for a variety of reasons, but most come down to driver negligence. Some of the most frequent causes include:
- Distracted driving: Texting, eating, or adjusting navigation systems can cause drivers to miss people crossing the street.
- Speeding: Pedestrians can be injured when a driver is going too fast to stop in time at a crosswalk or intersection.
- Failing to yield: Many pedestrian crashes happen because drivers don’t yield the right of way when required.
- Poor visibility: Pedestrians are at higher risk during nighttime or bad weather when drivers struggle to see clearly.
- Impaired driving: Alcohol or drugs can slow a driver’s reaction time, increasing the chance of a serious collision.
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(504) 500-1111What to Do After a Pedestrian Accident
If you are struck by a car in Louisiana, what you do immediately afterward can affect your safety and any potential claim for compensation. Be sure to follow these steps:
- Call 911: Phone the police and, if necessary, request emergency medical assistance.
- Get contact information: Get the driver’s name, license number, and insurance details, as well as names and phone numbers of any witnesses at the scene.
- Take photos: If you can, photograph the scene, your injuries, and any damage to the vehicle involved.
- Seek medical treatment: Even if you think your injuries are minor, you may still have internal damage or head trauma that isn’t immediately obvious.
- Contact a lawyer: A pedestrian accident attorney can review your case and explain your legal options.
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(504) 500-1111What Compensation Can You Recover as a Pedestrian?
If you get injured by a careless driver, you can pursue compensation for the losses you have suffered. Available damages may include:
- Medical expenses: You can recover the cost of hospital stays, surgeries, medication, and future medical needs.
- Lost wages: You can seek payment for income you lost due to being unable to work during your recovery.
- Pain and suffering: You can receive compensation for the physical pain and emotional toll caused by the accident.
- Loss of enjoyment: You can be compensated if your injuries prevent you from participating in activities you once enjoyed.
- Property damage: You can recover the costs of any personal items damaged in the crash, such as a phone or bicycle.
Get Help From a Pedestrian Accident Attorney
Many pedestrians don’t realize how much protection Louisiana law gives them. Knowing your rights helps you stand up against insurance companies that may downplay your claim or try to shift blame.
A pedestrian accident attorney from Scott Vicknair Injury Lawyers can help defend your rights and recover a fair settlement so you can focus on healing from the accident.
Schedule a free case review to start building your claim today.