Improper road crossing is one of the most common pedestrian accident defenses insurance companies will use to avoid paying claims. If you’ve suffered injuries in a pedestrian accident, you need to understand Louisiana’s right of way laws to help your attorney protect your right to compensation.
Right of Way Rules for Louisiana
Under LA Rev. Stat. § 32:212, pedestrians have the right of way in crosswalks that are marked. This means, a driver is required to yield to any pedestrian within the crosswalk on the road where the vehicle is traveling or turning onto. When one driver has stopped to allow a pedestrian to cross, other drivers may not pass the vehicle. All drivers must stop to allow the pedestrian to cross.
Outside of a marked crosswalk, pedestrians must yield to drivers on the road and obey all traffic signs and signals. Pedestrians can’t cross an interstate highway at any time outside of an emergency.
Visually impaired pedestrians using a cane or accompanied by a guide dog have the legal right of way regardless of the circumstances. Even if a pedestrian doesn’t have the legal right of way, however, drivers have a duty to avoid hitting pedestrians by honking their horn to provide warning or taking evasive action to prevent a collision.
A Special Note for Cases Involving Children
Note that children do not have the same duty of care to prevent accidents by following right of way laws. Children under five can’t be found legally negligent regardless of their actions. Older children and teens are only expected to behave with a level of care appropriate to their age and development.
Children under 18 can’t file legal claims related to pedestrian accident injuries under Louisiana law, but a parent or guardian can pursue a personal injury claim on behalf of an injured child.
Partially at-Fault Pedestrians Can Still Receive Compensation
An injured pedestrian may still be entitled to compensation even if they are found partially at fault for the accident. Their total recovery will simply be reduced by the percentage of fault to reflect their financial responsibility for their injuries.
Have You Been Involved In A Louisiana Pedestrian Accident?
If you've been injured in a pedestrian accident you need to speak with an experienced personal injury attorney as soon as possible. Please contact us online or call our Alexandria office directly at 318.541.8188 to schedule your free consultation.