Drivers must always be attentive when operating their vehicle, but especially so in the presence of pedestrians. Regardless of the reasoning for the pedestrian's presence on the road, a driver must be careful in their actions around the pedestrian as they have a relatively lower amount of protection in a collision.
A Louisiana woman was recently killed in a collision with a vehicle on Interstate highway 55 in Tangipahoa Parish. The woman was involved in an accident with another vehicle in the early morning hours and both drivers pulled the vehicles onto the left shoulder of the road to assess the collision, although their vehicles were still slightly in the left lane. While the woman and the other driver were standing outside of their vehicles, a pickup struck one of the vehicles and then the woman. The driver of the pickup was charged with vehicular homicide and careless driving, and authorities believe that he was under the influence of drugs at the time of the collision. Toxicology test were administered on the driver and the results are still pending at this time.
Pedestrians have a duty to apply appropriate care for their own safety when sharing the roadway with motor vehicles. However, drivers also owe a duty to operate their vehicle with a reasonable level of care to avoid causing injury to others. A failure to meet this duty may demonstrate negligence on the part of a driver and result in liability for any ensuing damages. Determining the party at fault is dependent on the circumstances of the collision. The reasoning for the pedestrian being on an interstate highway may assist in the evaluation of the negligent party. Pedestrians may at times be on the highway due to their involvement in a previous accident. Such accidents are commonly a result of a distracted driver or inadequate lighting on the road.
Pedestrians are more likely to sustain significant injuries in a car accident. Receiving financial compensation for these damages is essential to assist with the medical expenses and lost wages that may result.
Source: NOLA.com, "I-55 accident victim identified as New Orleans woman," Robert Rhoden, Apr. 7, 2015