Can Pedestrians Be Held Liable for Accidents Resulting from Running in Traffic?

The bustling streets of New Orleans are the setting for countless interactions between vehicles and pedestrians every day. Unfortunately, the frequency of pedestrian accidents has brought the discussion of liability for such accidents to the spotlight.

Understanding the concept of liability is not only a legal necessity, but also a civic responsibility for both motorists and pedestrians. In this blog post, our New Orleans personal injury lawyers consider if pedestrians can be held liable for accidents resulting from running in traffic. We hope to demystify the legal implications and offer a deeper understanding of personal injury law as it relates to pedestrian accidents in Louisiana.

Pedestrian Accident Statistics: A Closer Look at the Data

Pedestrian accidents are an alarming concern in the United States, with the National Highway Traffic Safety Administration (NHTSA) reporting significant numbers of fatalities and injuries each year. In 2021, a total of 7,388 pedestrians were killed, representing a 13% increase from the previous year, and over 60,000 pedestrians were injured nationwide. Over the five-year period between 2017 and 2021, pedestrians accounted for 16 or 17% of total traffic fatalities.

When and Where Do These Accidents Occur?

A closer look at statistics from the NHTSA regarding the circumstances, times, and places where pedestrian accidents take place reveal that these accidents often occur:

• At Night: Reduced visibility makes it harder for motorists to spot pedestrians.
• In Urban Areas: Higher population density and traffic volume contribute to the occurrence of accidents.
• Away From Intersections: Lack of crosswalks or traffic signals lead to dangerous situations.

Which Pedestrians Are Most Likely to Be Involved?

Furthermore, certain groups of pedestrians may be at higher risk of being injured or killed in a pedestrian accident:

• Children and the Elderly: These individuals may have difficulty crossing streets quickly or may not make the safest decisions while navigating traffic.
• Intoxicated Individuals: Alcohol or drug impairment can significantly impair a pedestrian’s judgment and reaction times.
• Distracted Pedestrians: Pedestrians engaged with their phones or other distractions may be unaware of their surroundings, increasing the risk of an accident.

Understanding these statistics and recognizing the common circumstances under which pedestrian accidents occur can play a crucial role in establishing liability for an accident.

Understanding Liability for Pedestrian Accidents

Liability is the legal term for the responsibility of an individual or entity for actions leading to harm or damage to another. In personal injury cases, the party found to be at fault, or their insurance company, is generally required to compensate the injured party for their losses. However, determining liability for an accident can be complicated, especially when the accident involves pedestrians, automobiles, and the unpredictability of urban traffic.

Comparative Negligence in Louisiana

Louisiana personal injury law also follows the concept of comparative negligence, where the amount of compensation a victim is entitled to receive will be reduced by their own percentage of fault for the accident. For example, if a court finds an injured pedestrian 30% at fault for impulsively running into traffic, the compensation they can recover will be reduced by that percentage.

Pedestrians’ and Motorists’ “Duty of Care” and Negligence

Both pedestrians and motorists have an obligation to exercise a “duty of care” while navigating the roads to ensure safety for all. For motorists, this duty encompasses adhering to speed limits, yielding the right of way when required, being vigilant of pedestrians, and avoiding distractions. They should also adhere to weather-specific driving protocols to prevent accidents.

On the flip side, pedestrians are expected to use designated crosswalks, obey traffic signals, and remain vigilant of their surroundings, including oncoming traffic. They should avoid jaywalking, entering the road unpredictably, or getting distracted by electronic devices while crossing roads.

Negligence arises when either party breaches this duty of care, consequently causing or contributing to an accident. A pedestrian running recklessly into traffic or a motorist speeding in pedestrian-heavy zones are instances of negligence. Understanding the shared duty of care is crucial for discerning liability in pedestrian-vehicle accidents.

Common Injuries Sustained in Pedestrian Accidents

Pedestrians lack the protective shield that encases motor vehicle occupants, making them highly vulnerable to severe injuries when involved in accidents with motor vehicles. However, the chaos that ensues when a pedestrian runs into moving traffic can also result in a multi-vehicle collision, posing a risk to everyone involved.

Here are some of the most common injuries sustained by victims of such accidents:

• Head Injuries
• Spinal Cord Injuries
• Bone Fractures
• Internal Injuries
• Soft Tissue Injuries
• Lacerations and Abrasions
• Psychological Trauma

Prompt medical attention is needed after an accident to address and treat these injuries. Moreover, legal representation should be sought to claim compensation for medical bills, loss of income, and other related expenses. An experiencedNew Orleans personal injury lawyer can provide robust legal support to pedestrian accident victims, assisting in their journey towards recovery and justice.

Common Scenarios When a Pedestrian May be Held Liable for An Accident

Pedestrian liability is a multifaceted issue, and often hinges on the specifics of the case. Here are some common scenarios where a pedestrian may be held liable for an accident:

• Jaywalking: When a pedestrian crosses the street outside a designated crosswalk or intersection, they endanger not only themselves but also motorists who are caught off guard.
• Crossing Against Traffic Signals: Disregarding traffic signals and crossing the road when the signal is red is a dangerous act and can lead to a serious pedestrian accident.
• Intoxicated Walking: Pedestrians who are under the influence of alcohol or drugs may exhibit impaired judgment and unpredictable behavior, increasing the likelihood of a pedestrian accident occurring.
• Distracted Walking: In the digital age, distractions like texting or using smartphones while walking have become a serious concern, leading to dangerous situations when inattentive pedestrians are on the road.
• Running into Traffic: Running into moving traffic is a hazardous behavior that significantly increases the risk of a pedestrian accident. The impatience or recklessness that drives such actions can lead to a catastrophic pedestrian accident. Legally, running into moving traffic can render the pedestrian partially or totally liable for any damages resulting from their actions.

The Role of a Personal Injury Lawyer

Liability for a pedestrian-vehicle accident in New Orleans often hinges on the complex interplay of local traffic laws, eyewitness testimonies, and forensic evidence.

Each case has its own unique set of facts, and the laws that apply to these facts are often nuanced. If you have been injured as a pedestrian or motorist in such an accident, it is wise to secure the advice of an experienced personal injury lawyer in New Orleans who can guide you through the legal complexities involved.

By hiring a skilled personal injury lawyer, New Orleans residents gain the assistance of a knowledgeable professional who can dissect the intricacies of their pedestrian accident case and provide robust representation to help them secure fair compensation for their losses.

Contact an Experienced New Orleans Personal Injury Lawyer

The roads can be a dangerous place for both motorists and pedestrians. Understanding liability and the laws governing pedestrian behavior can go a long way towards establishing liability for a pedestrian accident. If you find yourself involved in a pedestrian-related accident, as either a motorist or a pedestrian, seeking legal advice is important to ensure your rights are protected.

At Dudley DeBosier, ur expert New Orleans personal injury lawyers strive for maximum compensation for our clients. Contact us for a free, no-obligation case review. Let us help you get your life back on track.

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