What to Do If You Were Hit by a Car While Walking Across Veterans Memorial Boulevard or Causeway Boulevard
Veterans Memorial Boulevard and Causeway Boulevard are two of Metairie's busiest commercial corridors. They feature multiple travel lanes, frequent driveways, shopping centers, restaurants, hotels, office buildings, and long stretches between intersections with signals and crosswalks.
Unfortunately, these conditions also increase the risk of serious pedestrian accidents.
If you were struck by a vehicle while crossing Veterans Memorial Boulevard or Causeway Boulevard, determining who was at fault is not always as simple as whether you were inside a marked crosswalk. Every pedestrian accident depends on the specific facts surrounding the collision.
Why Pedestrian Accidents on Veterans and Causeway Can Be So Severe
Much of Veterans Memorial Boulevard carries a 40 mph speed limit and consists of three travel lanes in each direction separated by a wide median. Causeway Boulevard has a similar multi-lane design through much of Metairie, with heavy traffic entering and leaving nearby businesses throughout the day.
These wider roadways create several challenges for pedestrians. Crossing requires covering a much greater distance than on a typical neighborhood street, exposing pedestrians to traffic for longer periods of time. At the same time, drivers may be focused on changing lanes, watching traffic signals, preparing to turn into shopping centers, or looking for gaps in traffic rather than scanning for pedestrians.
Even when drivers are traveling at or near the speed limit, a momentary distraction can significantly reduce the time available to recognize a pedestrian and stop safely.
Does Crossing Outside a Crosswalk Mean You Cannot Recover Compensation?
No. Crossing outside a marked crosswalk may affect how fault is evaluated, but it does not automatically prevent an injured pedestrian from pursuing compensation.
Louisiana follows a comparative fault system. That means responsibility for an accident may be shared between multiple parties depending on what happened.
For example, a pedestrian who crosses mid-block instead of using a nearby crosswalk may bear some responsibility for the accident. However, that does not necessarily excuse a driver who was speeding, distracted, failed to maintain a proper lookout, or had sufficient time to avoid the collision.
Each situation must be evaluated based on the available evidence. Questions that often become important include:
- How visible was the pedestrian?
- How far away was the vehicle when the pedestrian entered the roadway?
- Was the driver traveling at a safe speed?
- Was the driver distracted by a phone or another activity?
- Did the driver have enough time and distance to avoid the collision?
These factors often play a much larger role than simply whether the pedestrian was inside a painted crosswalk.
Even Drivers Who Have the Right of Way Must Exercise Reasonable Care
Drivers are not permitted to ignore pedestrians simply because they believe they have the legal right of way.
If a reasonably attentive driver could have seen the pedestrian and taken action to avoid the collision, that driver's conduct may still become part of the liability analysis.
Likewise, if a pedestrian suddenly enters traffic so close to an approaching vehicle that a collision is unavoidable, that may make the pedestrian's claim much more difficult.
Insurance companies and courts look at the actions of everyone involved rather than relying on a single fact to determine fault.
Evidence Often Determines How Fault Is Assigned
Evidence can have a major impact on the outcome of a pedestrian accident claim, especially if the driver and pedestrian maintain very different versions of the accident. Important evidence in these crashes may include:
- Surveillance video from nearby businesses
- Traffic camera footage
- Dash camera recordings
- Eyewitness statements
- Police crash reports
- Vehicle damage
- Skid marks and roadway measurements
- Cell phone records if distracted driving is suspected
Because some video evidence, such as dash camera recordings or business security footage, may only be retained for a short period of time, acting quickly can help preserve evidence that may later become important when determining how the accident occurred.
If You Were Struck While Walking in Metairie, Call Lawyer Don
If you were hit by a vehicle while walking across Veterans Memorial Boulevard, Causeway Boulevard, or elsewhere in Metairie, call Lawyer Don at (504) 508-6414. He can review the circumstances of your accident, explain how Louisiana law may apply to your case, and help you understand your legal options.
