Determining Fault in a Pedestrian Accident
Our New Orleans law firm knows how to fight for pedestrians and win
Pedestrian accidents in New Orleans happen fast. One moment you could be walking down Canal Street or crossing at an intersection in the French Quarter, and the next, you’re on the pavement, hurt and unsure about what comes next. During the aftermath, you could be facing a long recovery, mounting medical expenses, lost income, and pain and suffering.
If you’ve been injured in a pedestrian accident in New Orleans or anywhere in Louisiana, you deserve clear answers. The Law Offices of John S. Williams can fight to protect your rights and maximize your compensation. We have a history of fighting for people who have gone through what you’re going through now. To find out what we can do for you, contact us online to set up a free consultation.
“John S Williams is a great attorney! He is very efficient and accessible. His staff is very helpful and makes the process easy. Highly recommend.” – Daniel, ⭐⭐⭐⭐⭐
What does “fault” mean in a pedestrian accident?
Let’s start with the basics. In legal terms, “fault” comes down to negligence. That means someone failed to act in a reasonably careful way and caused harm to someone else. In the case of pedestrian accidents, that negligence might come from a driver, the pedestrian, or both. The key elements to prove are:
- The other person had a legal duty to be careful.
- They breached that duty.
- That breach caused the accident.
- You suffered damages (e.g., physical, emotional, financial) as a result.
In Louisiana, both drivers and pedestrians have legal duties. Drivers must be on the lookout for people on foot. They must follow traffic signals, obey speed limits, and slow down when visibility is poor. Pedestrians also have responsibilities. They must use crosswalks, follow signals, and avoid stepping out suddenly into traffic.
If either party fails to follow these basic rules, the law considers it a breach of duty. When that breach causes someone harm, fault becomes a legal question and sometimes a fierce battle. The Law Offices of John S. Williams won’t back down when the insurance companies try to pin the blame on you.
How do traffic law violations affect fault?
One of the clearest ways to prove fault is through a traffic law violation. Louisiana has specific rules about how drivers and pedestrians should behave, and breaking those rules often points directly to negligence.
Let’s say a driver fails to yield to a pedestrian in a crosswalk, which is required under Louisiana Revised Statutes Section 32:212. If that driver hits someone crossing legally, they are likely to be found at fault. The same goes for speeding, running a red light, or using a phone while driving.
These violations can be a major factor in your claim. If a driver broke the law and that act caused the crash, that can serve as strong evidence that they were negligent.
Of course, not all cases are so clear-cut. Fault often comes down to small details, conflicting stories, and the strength of the evidence.
When is the driver at fault?
In most pedestrian accidents, the driver is the one who made a dangerous mistake. Here are some common driver behaviors that lead to collisions with pedestrians:
Failing to yield
Drivers must yield to pedestrians in crosswalks. This applies not just at traffic lights, but also at marked and even some unmarked intersections. In busy New Orleans neighborhoods, where the streets are often narrow and full of distractions, failure to yield is one of the most common causes of pedestrian injuries.
Speeding
A speeding driver has less time to see a pedestrian, react, and stop. The faster the car is going, the worse the injuries tend to be. Speeding is especially dangerous in residential areas and near schools or parks, where children and elderly people are often on foot.
Distracted driving
Looking at a phone, eating, or adjusting the radio takes a driver’s eyes off the road. Even a few seconds of distraction can be deadly if a pedestrian is crossing ahead. New Orleans has many intersections where drivers need to pay close attention. Distraction can be the difference between seeing someone and hitting them.
Ignoring signs or signals
Drivers who roll through stop signs, turn without signaling, or disregard flashing pedestrian signals are putting lives at risk. These actions are not just careless; they are also violations of law that point directly to fault.
What is comparative fault in Louisiana?
Here is where things get interesting. Louisiana uses a legal concept called “pure comparative fault.” This means that both parties can share the blame for a pedestrian accident. Both can still recover compensation, depending on their share of the fault.
The problem is insurance companies often take advantage of this law. If they can argue that you contributed some fault to the pedestrian accident, they can reduce your compensation. Attorney John S. Williams won’t let them get away with it. He can thoroughly investigate your pedestrian accident and gather the facts that support your claim.
This includes:
- Police reports: After a crash, the police will often write a report detailing what happened. This may include statements from the driver and the pedestrian, diagrams of the scene, and notes about road conditions. If a ticket was issued, that can also help show who was at fault.
- Eyewitness statements: People who saw the crash can provide key information. They may confirm whether the pedestrian was in the crosswalk or if the driver ran a light. In New Orleans, there are often nearby bystanders who can help fill in the gaps.
- Video footage: Security cameras, dashcams, and even cellphone videos can capture the accident itself or what happened just before. Many businesses in the French Quarter, Marigny, and Garden District have cameras pointed at the street. This footage can be the difference between a disputed claim and a strong case.
- Phone records: If a driver was texting or talking on the phone at the time of the crash, that can be revealed through their phone records. Distracted driving is a leading cause of pedestrian accidents and proving it can support a claim for negligence.
- Vehicle data: Many modern vehicles contain event data recorders. These devices track speed, braking, and steering. After a crash, this information can be used to reconstruct what happened and prove whether the driver reacted appropriately.
- Medical records and expert opinions: The extent and type of injuries can sometimes show how the impact occurred. Crash reconstruction experts may also analyze the scene to give a professional opinion on fault. These experts use physics, measurements, and witness statements to recreate what happened in the moments before the crash.
What happens if fault is disputed?
In many cases, the driver’s insurance company will argue that the pedestrian was at fault. Sometimes they will deny the claim altogether. Other times they will offer a low settlement, claiming that the pedestrian was mostly to blame. This is where having a skilled New Orleans pedestrian accident lawyer can make a difference.
Our job is to push back against attempts to blame you. Attorney John S. Williams knows how to deal with insurance companies. He understands the tactics these companies use to reduce your compensation and knows how to counter them. Our firm takes pride in standing up to insurance companies who try to shift blame unfairly.
The Law Offices of John S. Williams can help you rebuild your life
Getting hit by a car is traumatic in every sense: physically, financially, emotionally. The aftermath can feel just as overwhelming as the event itself. But you don’t have to figure it all out alone. We’re here to take on the legal battle so you can focus on healing. We’ll investigate your case, push back against insurance companies, and fight to recover the compensation you need to move forward.
This isn’t just about money; it’s about your dignity. It’s about holding drivers accountable for the harm they cause and helping victims reclaim control of their lives. You’ve been through enough. Let us stand with you and fight for your rights. Contact us today for a free consultation. With our contingency fee structure, you don’t pay unless we win your case.