Being hit by a car can be one of the most devastating types of accidents anyone can ever experience. According to the National Highway Traffic Safety Administration (NHTSA), accidents that involve motorists and pedestrians claim over 6,500 lives each year. If you are involved in a pedestrian accident, you may be eligible for compensation through a personal injury claim.
However, the amount of compensation you are entitled to will be determined by your contribution to the accident. This is especially because Louisiana applies comparative fault law. Basically, this statute spreads liability based on each party’s contribution to the accident. So how can a pedestrian contribute to an accident?
Here are three ways a pedestrian can contribute to an accident:
You have probably crossed the road outside of the designated crosswalk. While this is a common tendency, jaywalking is by far one of the most common ways pedestrians end up causing accidents. If you are hit by a car while jaywalking, you will be deemed to have contributed to the accident. Consequently, your damages may be reduced or even denied.
Alcohol and substance use
Drunk driving is dangerous, and so is drunk walking. Alcohol and drugs impair your judgment and reaction time. When a pedestrian hops into the road at an inopportune time because they are intoxicated, you may be deemed partially at fault for the resulting accident, especially if you were hit outside of a crosswalk.
Failing to yield way
Whereas you have the right to cross the road at the designated crosswalk, you cannot do so when it is not your turn to cross. If the traffic sign indicates that you should stop, you need to take this to heart. If you are hit while crossing the road when you shouldn’t, you may be considered to have contributed to the accident.
A pedestrian accident can turn your life upside down. Find out how you can pursue damages if you are involved in a pedestrian accident that is not your fault.