Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
Walking is part of daily life for many Louisiana residents, especially in cities like New Orleans, where walkable neighborhoods and vibrant streetscapes make pedestrian travel common. However, with more foot traffic comes increased risk. Pedestrian accidents are an ongoing concern across the state, often resulting in serious injuries, mounting medical expenses, and psychological suffering for victims and their loved ones.
Understanding the causes of pedestrian accidents is essential for staying safe and knowing your rights. This article breaks down the top reasons these incidents occur in Louisiana and explains how fault is determined under state law. Whether you’re a driver or a pedestrian, knowing what contributes to these accidents can help prevent them—and help you respond if one happens.
1. Distracted Driving
Distracted driving is one of the leading causes of accidents, and it’s hazardous for pedestrians. It happens when drivers take their attention away from the road to check their phones, adjust controls, or even talk to passengers.
When drivers are distracted, they’re less likely to observe someone walking along traffic or crossing the street. The risk is even higher at night or near busy intersections, where quick reactions are crucial.
In 2023, Louisiana ranked among the top 10 U.S. states for pedestrian fatalities per capita.
Source: Governors Highway Safety Association, Pedestrian Traffic Fatalities by State
2. Impaired Driving (Alcohol or Drug Use)
Alcohol and drugs impair a driver’s ability to make safe decisions. Slower reaction times, blurred vision, and poor judgment make it difficult for impaired drivers to respond quickly if a pedestrian crosses their path.
Drunk driving is not just a criminal offense; it’s a significant factor in many serious pedestrian injuries and fatalities in Louisiana. Pedestrians under the influence can also make unsafe decisions, which complicates liability and highlights the need for sober, alert behavior on both sides.
Every 2 minutes, someone is injured in a drunk driving accident in the U.S.
3. Jaywalking and Visibility Issues
Not all pedestrian accidents occur at crosswalks. In fact, most happen away from marked intersections, especially at night. When pedestrians cross streets at unmarked locations or wear dark clothing, it becomes harder for drivers to notice them in time.
While Louisiana law gives pedestrians the right of way at marked crosswalks, it also holds drivers to a general duty of care. That means even if someone is crossing improperly, drivers must still do everything possible to avoid a collision.
Pedestrians have the right of way at crosswalks under Louisiana law, but outside of crosswalks, drivers still owe a general duty of care.
Louisiana Revised Statutes § 32:212
4. Speeding and Aggressive Driving
Speeding makes it harder to stop in time, especially in neighborhoods or near intersections. The faster a car is going, the more severe the injuries when it hits someone. Aggressive driving, like running red lights or failing to yield, can make matters worse.
Speed limits exist to keep everyone safe—drivers, passengers, and pedestrians. Ignoring those limits puts lives at risk and increases the chances of serious injuries during a crash.
Braking distance is 16 times further at 80 mph than at 20 mph.
5. Poor Weather and Low Visibility
Rain, fog, and poor street lighting can make it difficult for drivers to see pedestrians. Slippery roads reduce vehicle control, and headlights don’t always illuminate people wearing dark clothes.
Even careful drivers may struggle to react quickly in bad weather. Pedestrians should exercise extra caution in these conditions, wearing bright or reflective clothing, avoiding risky crossings, and staying alert to traffic patterns.
More than 60% of pedestrian fatalities occur at night, and nearly 75% happen at non-intersections. –NHTSA, Pedestrian Safety Report
Legal Framework in Louisiana
Louisiana law clearly outlines pedestrian rights and driver responsibilities. The key concept is comparative fault, which means more than one party can be responsible for an accident.
Louisiana’s comparative fault rule allows injured pedestrians to obtain damages, even if they have some responsibility, even though the award would be lowered as a result.
Louisiana Civil Code Article 2323
For example, a pedestrian maybe 30% at fault for jaywalking, but they could still recover 70% of the damages from the speeding driver.
Who Is Liable in a Pedestrian Accident?
Determining fault in a pedestrian accident isn’t always straightforward. A driver may be at fault for speeding or not yielding, while a pedestrian may share the blame for crossing against a signal. In some cases, the city or a construction crew may be responsible for poor road design or inadequate signage.
Evidence such as traffic camera footage, witness statements, and police reports play a significant role in determining liability.
Common Pedestrian Accident Scenarios and Potential Liability
|
Scenario |
Primary Cause | Potentially Liable Party |
Notes |
| Pedestrian hit in crosswalk | Distracted driving | Driver | Full liability likely |
| Jaywalking at night with dark clothes | Poor visibility, pedestrian negligence | Shared (pedestrian + driver) | Comparative fault applies |
| Vehicle skids in rain and hits pedestrian | Speeding in poor weather | Driver | Negligence in not adjusting for conditions |
| Pedestrian struck at unmarked crossing | Driver inattentiveness | Driver | Duty of care still applies |
| Construction detour forces pedestrian into road | Poor signage | City or contractor | Third-party liability possible |
FAQs
Who is usually at fault in a pedestrian accident in Louisiana?
Fault depends on the facts. Drivers are often responsible, but pedestrians may share fault if they cross illegally or act unpredictably.
Can a pedestrian still recover damages if they were jaywalking?
Yes. Louisiana’s comparative fault rule allows recovery, but the amount may be reduced based on how much the pedestrian was at fault.
Are nighttime accidents treated differently under the law?
Not officially, but nighttime conditions like low visibility are considered when evaluating whether each party acted reasonably.
How does distracted driving affect liability?
If distracted driving caused or contributed to the accident, the driver is likely to be mainly held or entirely responsible.
What if a pedestrian accident involves a city-owned road hazard?
Liability could fall on the city or maintenance contractor, especially if the hazard directly contributed to the accident.
Conclusion
Pedestrian accidents in Louisiana often involve a mix of human error and environmental factors. Whether caused by distracted driving, jaywalking, or poor road conditions, these incidents are preventable—and the law recognizes the complexity of fault in these cases.
If you’ve been injured as a pedestrian, it’s essential to understand how Louisiana’s laws may affect your case. Legal help can make a difference in determining liability and securing the compensation you may deserve.
Please make an appointment for a free consultation with Alvendia, Kelly & Demarest Law Firm right now to find out how they can support your future.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
