Walking near traffic can be risky, especially when drivers and pedestrians are not sure who should go first. In Louisiana, pedestrians may have the right of way in certain situations, but that does not mean they can always cross without caution.
Louisiana traffic laws place duties on both drivers and pedestrians. Understanding these rules can help explain what should happen when a vehicle and a person on foot meet at a crossing. It can also become important when a pedestrian is injured in a crash.
When do pedestrians have the right of way?
Louisiana law requires drivers to yield to pedestrians crossing within a marked or qualifying crosswalk. Therefore, they must take reasonable care to avoid a collision with someone who is walking. However, pedestrians must also follow traffic rules and should not suddenly leave a curb or place of safety and move into the path of a vehicle when the driver cannot reasonably stop.
The location of the crossing is also a vital factor to consider. A pedestrian who crosses outside a crosswalk may not have the same legal protection as someone using a proper crossing. Even when a pedestrian makes a mistake, the circumstances of the crash must be examined. Louisiana uses comparative fault rules, which can affect how much compensation an injured person may receive if they are found partly responsible.
What if a driver hits a pedestrian?
A pedestrian accident can result in serious injuries, including broken bones, head injuries and long-term pain. After a crash, evidence like the following may help explain what happened:
- Photographs
- Witness statements
- Traffic-camera footage
- Police report
If you have been injured while walking in Louisiana, determining who had the right of way is only one concern likely to influence any legal action to which you are entitled to take. The specific facts of the accident can affect whether you may recover compensation and how much you may receive. Therefore, it is wise to speak with a legal representative who can review the circumstances, explain your rights and help you understand your options.