What Happens If a Pedestrian Caused the Accident?

Louisiana saw 100 pedestrian fatalities and 1,400 pedestrian injuries in 2019 alone. In virtually every collision involving a car and a pedestrian, the vehicle experienced very little damage while the pedestrian suffered much worse harm. While it’s true that motorists face far less risk in a pedestrian accident—and this obligates them to a higher standard of care in most cases—is it true that pedestrians are never at fault?

In Louisiana, that’s not the case.

Here, everyone must abide by a reasonable standard of care; for a pedestrian, that might mean staying on the sidewalk, not walking on the interstate, or looking both ways before stepping into traffic. In situations where pedestrians contribute to their own injuries in a collision, Louisiana’s pure comparative negligence doctrine means that a pedestrian can recover damages equal to the percentage of the accident that isn’t their fault. So if a pedestrian suffers $100,000 in damages but is found 70% at fault, they can recover $30,000 of their medical costs and other losses.

What to Do After You’ve Been Injured in a Pedestrian Accident

If you were hurt by a vehicle while walking but you believe there are factors that might make you appear at fault, you may still be able to recover what you need to get back on your feet. Pure comparative negligence accounts for the fact that people can make mistakes and still deserve to be “made whole” under the law.

Your next task is to hire an attorney who can argue effectively on your behalf, minimizing the percentage of fault assigned to you by the jury. This will allow you the most amount of money to pay for past and future medical costs, lost wages, and other vital needs. Speak with Clayton, Frugé & Ward today—our firm has won hundreds of millions of dollars in court on behalf of the injured.

Call (225) 209-9943 today for a free consultation, or contact us online.