Can Pedestrians Be at Fault? A Legal Look at Crosswalk Incidents

Donald D'Aunoy • February 5, 2025

When discussing pedestrian accidents , many people assume that the driver is always at fault. However, in certain cases, pedestrians can also be held liable for accidents , particularly when they fail to follow traffic laws. Understanding liability in crosswalk incidents is crucial for both drivers and pedestrians to ensure safety and legal compliance.

Understanding Pedestrian Responsibility

While drivers have a legal duty to exercise caution and yield to pedestrians in crosswalks, pedestrians also have responsibilities under the law. Pedestrians must obey traffic signals, cross only at designated crosswalks, and avoid sudden, unpredictable movements into the roadway. In cases where a pedestrian acts negligently—such as jaywalking, crossing against a signal, or walking while distracted—they may share or even bear full responsibility for an accident.

For instance, if a pedestrian suddenly steps into the road without looking, giving a driver no time to react, the pedestrian could be considered at fault. In states that follow comparative negligence laws, including Louisiana , a pedestrian’s compensation in a personal injury case may be reduced based on their percentage of fault.

When Can a Pedestrian Be Considered Negligent?

Several scenarios can place fault on a pedestrian in a crosswalk accident:

  • Jaywalking : If a pedestrian crosses outside a designated crosswalk or ignores pedestrian signals, they may be liable for any accident that occurs.
  • Ignoring “Don’t Walk” Signals : Pedestrians must adhere to crosswalk signals. Walking against a red light can put them at fault in an accident.
  • Being Distracted While Walking : Using a phone, wearing headphones, or being otherwise distracted can lead to unsafe crossing behavior. If a pedestrian steps into traffic without checking for oncoming vehicles, they may be responsible for resulting injuries.
  • Walking Under the Influence : Just as driving under the influence is dangerous, walking while intoxicated can lead to impaired judgment and reckless behavior, increasing the likelihood of accidents.
  • Sudden or Erratic Movements : If a pedestrian darts into the road unexpectedly, leaving a driver no reasonable chance to stop, they could be held liable for the accident.

How Fault Is Determined in a Pedestrian Accident

Determining fault in a pedestrian accident often requires an in-depth investigation. Law enforcement, insurance adjusters, and attorneys will consider several factors, such as witness testimony, traffic camera footage, and skid marks on the road. If both the driver and pedestrian are found to have contributed to the accident, liability may be shared.

Louisiana follows a comparative fault system, meaning that even if a pedestrian is partially at fault, they may still recover damages. However, their compensation will be reduced by their percentage of fault. For example, if a court determines that a pedestrian was 40% responsible for an accident, their awarded damages would be reduced by 40%.

Legal Options for Injured Pedestrians and Drivers

If you were involved in a crosswalk accident , whether as a pedestrian or a driver, seeking legal guidance is essential. Pedestrians who were wrongfully injured by negligent drivers may be entitled to compensation for medical bills, lost wages, and pain and suffering. Conversely, drivers unfairly blamed for accidents due to pedestrian negligence may need legal representation to protect their rights and minimize liability.

A car accident attorney in New Orleans can assess your case, gather evidence, and fight for your best interests, whether you are a pedestrian seeking compensation or a driver facing a lawsuit.

Contact Lawyer Don for Legal Guidance

If you’ve been involved in a pedestrian accident , don’t navigate the legal process alone. Whether you are a pedestrian or a driver, understanding your rights is crucial in protecting your future. Call Lawyer Don today for a free consultation and let an experienced car accident attorney in New Orleans help you pursue the justice you deserve.

How Dangerous Texting While Driving Really Is

By Donald D'Aunoy • May 12, 2025
In today’s fast-paced world, the urge to stay connected at all times can lead to dangerous consequences, especially when it comes to texting while driving . This act, seemingly harmless for those who believe they can multitask , has proven to be a significant cause of accidents on the road . As a personal injury lawyer in New Orleans , I have seen firsthand the devastating impact that a moment’s distraction can have on lives and families. This blog post aims to shed light on the real dangers of texting while driving and why it’s a risk not worth taking . The Reality of Distracted Driving Texting while driving is a form of distracted driving that has garnered national attention due to its high potential for causing accidents. When drivers take their eyes off the road to send a text, they are not just diverting their visual attention but also their manual and cognitive focus away from driving. This triple threat significantly increases the likelihood of an accident. Studies have shown that texting while driving can delay a driver’s reaction time as much as alcohol consumption. The reality is stark: drivers who text are 23 times more likely to be involved in a crash than those who don’t. The Legal Implications in Louisiana In Louisiana, the law is clear: texting while driving is illegal. This legislation reflects a growing awareness of the dangers associated with mobile phone use behind the wheel. As a personal injury lawyer in New Orleans, I have navigated the complexities of Louisiana’s distracted driving laws to advocate for victims of such negligence. The legal system in our state recognizes the severe risks posed by texting and driving, imposing penalties on those who disregard this law. However, beyond the legal consequences, the real cost of texting while driving can be measured in human lives — the injuries and fatalities that could have been avoided. The Role of a Personal Injury Lawyer When accidents caused by texting while driving occur, the victims often face a long road to recovery. Physical injuries, emotional trauma, and financial burdens are common aftermaths. As a personal injury lawyer in New Orleans, my role is to ensure that victims receive the justice and compensation they deserve. Through meticulous investigation and leveraging Louisiana’s distracted driving laws, I work to hold negligent drivers accountable for their actions. My commitment to my clients goes beyond legal representation; it’s about restoring their peace of mind and helping them rebuild their lives. Conclusion The dangers of texting while driving are clear, and the consequences are too severe to ignore. It’s a societal issue that requires collective action — from stricter enforcement of distracted driving laws to individuals committing to never text and drive. As a community, we must prioritize safety over convenience to prevent needless accidents and loss of life. If you or a loved one has been affected by a distracted driving accident, know that you are not alone. As a personal injury lawyer in New Orleans, I am here to offer the legal support and guidance needed to navigate the aftermath of such incidents. In conclusion, texting while driving is a dangerous practice that puts everyone on the road at risk. The momentary satisfaction of sending a text is never worth the potential for causing harm. Let’s commit to keeping our roads safe by keeping our phones down and our focus on the road ahead. If you find yourself in need of assistance or legal advice following a distracted driving accident , do not hesitate to reach out to a personal injury lawyer in New Orleans who can help protect your rights and interests.

What to Do If You Get Into a Car Accident During a Festival

By Donald D'Aunoy • April 23, 2025
Festivals in New Orleans are a time of celebration, music, food, and community. From Mardi Gras to French Quarter Fest, the streets come alive with excitement. However, with all the joy and chaos, the risk of car accidents significantly increases. Crowded streets, distracted drivers, and an influx of tourists unfamiliar with local roads can quickly […]

Why Traffic Accidents Increase During the New Orleans Jazz Fest

By Donald D'Aunoy • April 16, 2025
Every year, the New Orleans Jazz & Heritage Festival draws hundreds of thousands of visitors from across the country, transforming the city into a vibrant cultural hotspot. While this festival brings music, food, and celebration to the forefront, it also unfortunately brings a spike in traffic accidents. The city’s streets become more congested than usual, […]

Common Causes of Car Accidents During Spring Festivals in New Orleans

By Donald D'Aunoy • April 9, 2025
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How to Stay Safe During the French Quarter Festival in New Orleans

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The French Quarter Festival is one of the most anticipated cultural events in New Orleans. Drawing in thousands of locals and tourists alike, it offers an incredible mix of live music, food, and local art. But with large crowds, heavy foot traffic, and busy streets, safety should be a top priority for anyone attending. Whether […]

How Dangerous Texting While Driving Really Is

By Donald D'Aunoy • May 12, 2025
In today’s fast-paced world, the urge to stay connected at all times can lead to dangerous consequences, especially when it comes to texting while driving . This act, seemingly harmless for those who believe they can multitask , has proven to be a significant cause of accidents on the road . As a personal injury lawyer in New Orleans , I have seen firsthand the devastating impact that a moment’s distraction can have on lives and families. This blog post aims to shed light on the real dangers of texting while driving and why it’s a risk not worth taking . The Reality of Distracted Driving Texting while driving is a form of distracted driving that has garnered national attention due to its high potential for causing accidents. When drivers take their eyes off the road to send a text, they are not just diverting their visual attention but also their manual and cognitive focus away from driving. This triple threat significantly increases the likelihood of an accident. Studies have shown that texting while driving can delay a driver’s reaction time as much as alcohol consumption. The reality is stark: drivers who text are 23 times more likely to be involved in a crash than those who don’t. The Legal Implications in Louisiana In Louisiana, the law is clear: texting while driving is illegal. This legislation reflects a growing awareness of the dangers associated with mobile phone use behind the wheel. As a personal injury lawyer in New Orleans, I have navigated the complexities of Louisiana’s distracted driving laws to advocate for victims of such negligence. The legal system in our state recognizes the severe risks posed by texting and driving, imposing penalties on those who disregard this law. However, beyond the legal consequences, the real cost of texting while driving can be measured in human lives — the injuries and fatalities that could have been avoided. The Role of a Personal Injury Lawyer When accidents caused by texting while driving occur, the victims often face a long road to recovery. Physical injuries, emotional trauma, and financial burdens are common aftermaths. As a personal injury lawyer in New Orleans, my role is to ensure that victims receive the justice and compensation they deserve. Through meticulous investigation and leveraging Louisiana’s distracted driving laws, I work to hold negligent drivers accountable for their actions. My commitment to my clients goes beyond legal representation; it’s about restoring their peace of mind and helping them rebuild their lives. Conclusion The dangers of texting while driving are clear, and the consequences are too severe to ignore. It’s a societal issue that requires collective action — from stricter enforcement of distracted driving laws to individuals committing to never text and drive. As a community, we must prioritize safety over convenience to prevent needless accidents and loss of life. If you or a loved one has been affected by a distracted driving accident, know that you are not alone. As a personal injury lawyer in New Orleans, I am here to offer the legal support and guidance needed to navigate the aftermath of such incidents. In conclusion, texting while driving is a dangerous practice that puts everyone on the road at risk. The momentary satisfaction of sending a text is never worth the potential for causing harm. Let’s commit to keeping our roads safe by keeping our phones down and our focus on the road ahead. If you find yourself in need of assistance or legal advice following a distracted driving accident , do not hesitate to reach out to a personal injury lawyer in New Orleans who can help protect your rights and interests.

What to Do If You Get Into a Car Accident During a Festival

By Donald D'Aunoy • April 23, 2025
Festivals in New Orleans are a time of celebration, music, food, and community. From Mardi Gras to French Quarter Fest, the streets come alive with excitement. However, with all the joy and chaos, the risk of car accidents significantly increases. Crowded streets, distracted drivers, and an influx of tourists unfamiliar with local roads can quickly […]
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