What laws exist to protect the rights of a pedestrian during a personal injury matter?
In Louisiana, pedestrians have certain rights that are protected under statutory laws, as well as common law principles, when it comes to personal injury matters.
While these are only a few examples, let’s discuss some of the key laws and principles in place to protect the pedestrians of Louisiana.
Comparative Fault. In Louisiana, we follow a comparative fault system, which means that even if a pedestrian is partially at fault for an accident, they may still be entitled to recover damages in a proportion to the other party’s fault.
Duty of Care. Drivers have a duty to exercise reasonable care to avoid injuring pedestrians while on the road. This duty includes obeying traffic laws, yielding the right-of-way to pedestrians in the crosswalk, and even exercising caution in areas where a pedestrian is likely to be present.
Crosswalk Laws. There are laws in Louisiana that require drivers to yield the right-of-way to pedestrians in crosswalks and intersections. Pedestrians, however, also have a duty to use the crosswalks when available and to obey traffic signals and signs appropriately as well.
Sidewalk Use. Pedestrians are expected to use sidewalks when they are provided and available to them. If there is no sidewalk, however, the pedestrian should walk on the left side of the road facing the oncoming traffic.
Hit-and-Run Laws. Louisiana law requires drivers involved in accidents resulting in injury and/or death to stop at the scene, provide aid to the injured person, and provide contact and insurance information as well. Should the driver fail to do so, this can result in criminal charges and civil liability.
Vicarious Liability. In some cases, a company vehicle may be the one involved in the accident with the pedestrian. In this situation, the driver’s employer or the owner of the vehicle may also be held liable for the injuries to the pedestrian that were caused by the driver who was acting within the scope of their employment during the incident.
As you can see, these laws and principles were put in place to help protect the rights of the pedestrians of Louisiana and provide a way for them to seek compensation if they are ever involved in a personal injury case. If you are a pedestrian who has been injured in an accident, it is important to contact an experienced personal injury attorney to better understand your rights and options when pursuing a claim.
In addition to car accidents, there are other matters that qualify as “personal injury” matters in Louisiana. Personal injury matters can encompass a wide range of incidents, including but not limited to:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Product liability
- Premises liability
- Dog bites
- And More!
Please contact the experienced personal injury attorneys at the Scott Law Firm today to learn more about your rights and what you may be entitled to receive for your injuries as a pedestrian! Our attorneys, paralegals, and other staff members have the resources, skills, and experience needed to handle even the most complex cases. Schedule your consultations today!