In 2023, Baton Rouge saw 40 fatal car crashes, a decrease from the 49 recorded in 2022, as reported by Louisiana State University’s Center for Analytics & Research in Transportation Safety (CARTS). The Louisiana Highway Safety and Commission also reported 147 pedestrian fatalities and 1,234 pedestrian injuries across the state in 2023. While drivers are required to exercise caution, pedestrians have a responsibility to ensure their own safety as well.
At Pierce & Shows, our experienced attorneys have been helping clients navigate complex pedestrian accident claims for years, ensuring that their rights are protected and they receive the compensation they deserve. With our deep understanding of Louisiana’s traffic laws and extensive experience in personal injury cases, we are here to guide you through your pedestrian claim every step of the way.
Jaywalking, or crossing the street outside a designated crosswalk, can significantly impact your ability to recover compensation if you’re involved in an accident. Understanding how this works can be crucial to your claim.
What is Louisiana's Comparative Fault Law?
Louisiana follows a “comparative fault” system, outlined in Louisiana Civil Code Article 2323. This law means that if you are partially at fault for an accident, your compensation can be reduced in proportion to your degree of fault.
For example, if a jury finds you were 30% at fault for jaywalking, your potential settlement would be reduced by 30%. This law aims to ensure that each party’s role in an accident is considered when determining compensation.
Jaywalking and the Burden of Proof
In a pedestrian accident lawsuit, the burden of proof lies with the plaintiff, meaning you must demonstrate that the driver’s negligence caused your injuries.
If you were jaywalking at the time of the accident, the driver’s insurance company may argue that you were partially or entirely at fault. This can make it more challenging to prove your case and obtain the compensation you deserve.
Factors Considered in Jaywalking Cases in Louisiana
When determining fault in a pedestrian accident involving jaywalking, several factors are taken into account:
- Visibility: Was it dark, or were there obstructions that made it difficult for the driver to see you?
- Traffic Conditions: Was traffic heavy or moving at high speeds at the time?
- Driver’s Actions: Was the driver speeding, distracted, or engaging in other negligent behavior?
- Your Actions: Were you crossing in a marked crosswalk or designated area, or did you cross outside of a crosswalk?
These factors can influence how much fault is assigned to each party, ultimately impacting your compensation.
Protecting Your Rights After a Louisiana Pedestrian Accident
Even if you were jaywalking, it doesn’t automatically mean that you cannot recover compensation. A dedicated personal injury attorney can help you build a strong case. Here’s how an attorney can assist you in these situations:
- Investigating the Accident: Gathering evidence, such as witness statements, police reports, and traffic camera footage, is crucial to establishing fault. An attorney can conduct a thorough investigation to support your claim.
- Negotiating with Insurance Companies: Insurance adjusters often attempt to minimize payouts, especially in cases involving jaywalking. An experienced accident attorney can advocate for your rights, ensuring you receive a fair settlement.
- Representing You in Court: If a fair settlement cannot be reached, your attorney can take your case to trial, presenting your evidence and arguments to a jury.
Staying Safe and Protecting Your Rights
The best way to avoid the complexities of a jaywalking-related accident is to always use crosswalks and obey traffic signals.
However, if you find yourself involved in an accident, remember these important steps:
- Seek medical attention immediately, even if you feel fine, to ensure that any injuries are documented.
- Gather information from the driver and any witnesses at the scene.
- Take photos of the accident scene and your injuries to preserve crucial evidence.
- Contact a personal injury attorney as soon as possible to discuss your options and protect your rights.
Contact Our Baton Rouge Personal Injury Attorneys at Pierce & Shows Today
If you’ve been injured in an accident, it’s important to consult with an experienced attorney who can guide you through the legal process.
At Pierce & Shows, we understand the unique challenges that pedestrians face in Baton Rouge. Our team is here to review your case, explain your options, and fight to protect your rights. Even if you were jaywalking, you may still be entitled to compensation. Let us help you navigate the legal system and get back on your feet as soon as possible, ensuring you meet the timeline for the legal process.
Contact us today at 225-388-9574 for a free consultation and learn how we can assist you in pursuing the compensation you deserve.
