Yes, a pedestrian can be partly at fault for an accident in Louisiana. Whether they are at fault and what percentage of fault they bear greatly impacts a pedestrian’s right to recover damages.
There is a common assumption that drivers bear automatic and full responsibility for every collision involving a pedestrian. However, pedestrians have legal obligations on the road just as drivers do, and when a pedestrian’s own negligence contributes to a crash, Louisiana’s fault allocation system takes that into account.
If you were injured as a pedestrian in Baton Rouge and you are worried about what your own role in the accident might mean for your claim, you need the assistance of an experienced Baton Rouge pedestrian accident lawyer.
Drivers and Pedestrians Have a Duty of Care
Louisiana law requires drivers to exercise reasonable care toward pedestrians. That duty is real and enforceable, and drivers who fail to meet it can be held liable for the injuries they cause. But pedestrians are also expected to follow traffic laws and exercise reasonable care for their own safety and the safety of others.
When a pedestrian’s own conduct contributes to the circumstances that caused the crash, that conduct becomes part of the fault analysis, and it can reduce or, in some cases, eliminate their recovery.
How Louisiana’s Comparative Fault System Works in Pedestrian Accident Claims
As outlined in Louisiana Civil Code Article 2323, Louisiana follows a modified comparative fault rule that allows fault to be apportioned to multiple parties.
If an injury victim is more than 50% at fault, they cannot recover any compensation. If a pedestrian is 50% or less at fault for an accident, they can recover compensation. However, it will be reduced by their percentage of fault.
For example, if the pedestrian was found to be 30% at fault and their damages total $100,000, they could still recover $70,000 after their percentage of fault is deducted.
Insurance companies work hard to assign as much fault as possible to injured pedestrians to minimize or eliminate paying damages. Having a dedicated pedestrian accident attorney on your side is critical to countering these tactics and protecting your settlement.
Talk to a Baton Rouge Pedestrian Accident Lawyer Today
At Chris Corzo Injury Attorneys, our pedestrian accident attorneys fight for injured pedestrians across Louisiana, including those who are worried about what their own conduct might mean for their personal injury claim.
You deserve an honest assessment of where you stand and a pedestrian accident lawyer who will work hard to protect your right to fair compensation.
Call our pedestrian accident attorneys in Baton Rouge at (225) 999-1111 or visit our contact page to schedule a free consultation. We’re available 24 hours a day, seven days a week, and there is no fee unless we win.
