Lafayette Pedestrian Accident Lawyers

Common Causes of Pedestrian Accidents

Pedestrian accidents are caused by a variety of factors, but the majority of these accidents can be traced back to the driver's negligence.

Common causes of pedestrian accidents include:

• Drivers who fail to yield to pedestrians
• Drivers who are distracted and hit pedestrians
• Drivers who run red lights and hit pedestrians
• Drivers who speed and hit pedestrians
• Drivers who park in crosswalks and hit pedestrians

In many cases, the driver will try to claim that the pedestrian was negligent. However, the laws of most states clearly state that drivers must yield to pedestrians. At the same time, pedestrians have a duty to use caution when walking near traffic. If a driver's negligence is the primary cause of a pedestrian accident, the victim may be able to recover compensation for their injuries. If the pedestrian's negligence is the primary cause of the accident, the victim will not be able to recover compensation.

Who Has the Right of Way in Louisiana?

In Louisiana, the right-of-way rules regarding pedestrians and drivers are generally governed by Louisiana Revised Statutes. Here are some key points to consider:

• General Rule: Pedestrians have the right of way on sidewalks and crosswalks, and drivers are required to yield to pedestrians in these areas.
• Crosswalks: When pedestrians are in a marked or unmarked crosswalk, drivers must yield the right of way and come to a complete stop until the pedestrian has safely crossed the road.
• Traffic Control Devices: Pedestrians must obey traffic control devices, such as traffic signals and pedestrian crossing signals. Drivers must yield the right of way to pedestrians in accordance with these signals.
• Intersections: At intersections without traffic control devices, drivers must yield the right of way to pedestrians crossing the road within a marked or unmarked crosswalk, or when the pedestrian is approaching closely enough from the opposite half of the roadway to be in danger.
• School Zones: Drivers must yield the right of way to pedestrians, especially children, in school zones and near school crossings.

Types of Damages in a Pedestrian Accident Case

The victim of a pedestrian accident may be able to recover compensation for a variety of damages. These include:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering
• Punitive damages

Medical expenses may include the cost of emergency room visits, surgery, physical therapy, and ongoing medical care. Lost wages may include the victim's inability to work due to their injuries. Property damage may include damage to the victim's vehicle, clothing, and/or personal property. The victim may also be able to recover for pain and suffering. In some cases, the victim may be able to recover punitive damages. Punitive damages are meant to punish the liable party for egregious conduct.