Nationally, pedestrian fatalities have skyrocketed 77% since 2010, compared to 25% for all other traffic-related deaths, according to a report from the Governors Highway Safety Association.
In Louisiana, the trends aren’t any better. Data shows pedestrians are still dying at higher rates in Louisiana than elsewhere in the country. The National Highway Traffic Safety Administration reports 181 pedestrians died in 2022.
And in 2021, Louisiana pedestrian deaths reached a record high, with the number of fatalities representing a 17.5% increase over 2020.
Louisiana’s vibrant culture and active communities make walking an everyday activity across the state. However, pedestrian accidents remain a significant concern.
If you’ve been injured as a pedestrian, knowing your rights and legal protections is crucial for recovery and justice.
Pedestrian Accidents in Louisiana: Key Facts and Figures
The statistics surrounding pedestrian accidents in Louisiana underscore the risks:
- Top States for Fatalities: Louisiana is the third deadliest state for pedestrians, with 3.94 fatalities for every 100,000 people. The national rate is 2.26.
- Higher Risk in Urban Areas: Cities like New Orleans and Baton Rouge are hotspots for pedestrian accidents, especially in areas with heavy traffic and nightlife. In fact, New Orleans created the “complete streets program” to make the city safer for pedestrians, bicyclists, and public transit users.
- The Big Picture Reasons: Driver inattention, speeding, impaired driving, and failure to yield are leading causes of pedestrian accidents.
Louisiana Laws Protecting Pedestrians
Louisiana law offers safeguards for pedestrians, while also emphasizing shared responsibility:
Sidewalks: Pedestrians should use sidewalks when they are available.
Right of Way: Pedestrians should yield the right of way to vehicles when crossing outside of a marked crosswalk or unmarked crosswalk at an intersection. Drivers should yield the right of way to pedestrians in crosswalks when traffic signals are absent or not working.
Traffic Signals: Pedestrians must follow traffic control signals. Crossing against a signal may impact liability in an accident case.
Interstate Highways: Louisiana Revised Statutes (§32-216) advise pedestrians to use a sidewalk when walking along and upon an interstate highway. If there isn’t a sidewalk present, pedstrians should walk only on the left side of the highway or its shoulder, facing traffic. It’s against the law for a pedestrian to cross an interstate highway, unless it’s an emergency.
The Comparative Fault System in Louisiana
Can a pedestrian be at fault for an accident in Louisiana? The short answer is yes. Louisiana follows a comparative fault system, meaning both parties involved in an accident can share the blame. In a comparative fault system, the compensation a pedestrian may receive is reduced by the percentage of fault in the accident. For example, if a pedestrian is found to be 30% at fault, their total compensation would be reduced by 30%. The scenarios where a pedestrian could be found at fault include jaywalking or crossing outside a crosswalk, ignoring traffic signals, distracted walking, being intoxicated, etc.
How Pedestrians Can Stay Safe Without Sidewalks
Given Louisiana’s pedestrian laws primarily revolve around the use of sidewalks, what can pedestrians do if there aren’t any? Here are 5 ways pedestrians can remain safe walking without sidewalks:
- Walk Facing Traffic: Always walk on the side of the road which allows you to see oncoming vehicles.
- Stay Alert: Avoid distractions like using your phone or wearing headphones.
- Wear Visible Clothing: Use bright or reflective clothing, especially at night.
- Stick to the Edge: To avoid traffic, walk as far off the road as possible.
- Be Cautious at Curves: Take extra care around bends where drivers may have limited visibility.
What You Should Do After a Pedestrian Accident
Hundreds of injuries and deaths are reported annually from pedestrian accidents in Louisiana. If you’re ever in this predicament yourself, knowing what to do can significantly impact your ability to recover compensation. Here are the steps you should take immediately following an accident:
- Seek Medical Attention
Even if injuries seem minor, consult a healthcare provider. Hidden injuries, such as internal bleeding or concussions, may not show immediate symptoms. - Contact Law Enforcement
File a police report. The official documentation will be critical evidence in building your case. - Collect Evidence
Take photos of the scene, your injuries, and any vehicle damage. Collect driver information and seek witness contact details. - Avoid Admitting Fault
Because of Louisiana’s comparative fault law, you should avoid making statements that could be interpreted as self-blame. - Consult a Personal Injury Attorney
An experienced Louisiana attorney can guide you through the legal process, help determine fault, and fight for the compensation you deserve.
Note: Under an updated 2024 law in Louisiana, you have two years from the date of the accident to file a personal injury claim. This update took effect on July 1, 2024, so if you sustained injuries before that date, the statute of limitations is only one year from the date of injury. The relatively short timeframe underscores the importance of acting quickly.
How a Personal Injury Attorney Can Help
Pedestrian accidents can have devastating consequences. Whether you believe you share fault or not in a pedestrian accident, it’s essential to consult with an experienced personal injury attorney.
If you or a loved one have been injured and you wish to discuss the specifics of your case in a free consultation with an experienced personal injury lawyer, please contact us today.