Do Pedestrians Always Have the Right of Way?

Many of us have been told since childhood that pedestrians always have the right of way. However, in Louisiana, that is not always true. Walkers are required by law to obey all traffic signals, just like motorists, and there are some circumstances where you could be held liable for causing an accident. This may be the case even if you think you are crossing in a designated area or in a permissible manner.

If you were injured while crossing the street, you probably want to know if you are entitled to compensation for your hospital bills, pain and suffering, and other damages. Keep reading to learn when pedestrians have the right of way and when they do not, and then contact an attorney from Tomeny | Best to discuss your case.

Officially Marked Crosswalks

Pedestrians generally have the right of way when crossing the street using an officially marked crosswalk. Individuals may also legally move through an intersection when the walk sign is illuminated. If you see a do not walk signal, even at an officially marked crosswalk, it is not safe to move into the road, and you must yield to vehicles.

Mid-Block Crossings

If you cross the street at a location that does not have an officially marked crosswalk, this is referred to as a mid-block crossing. In this case, pedestrians must always yield to traffic. However, even when you choose to traverse a roadway in an area that does not give pedestrians the right of way, drivers still have a responsibility to avoid hitting you. Under Louisiana’s comparative fault system, if you contributed to the accident, such as by executing a mid-block crossing, you may still be able to collect a settlement for your injuries, minus your percentage of fault.

Jaywalking Is Illegal

Crossing a street outside of an officially marked crosswalk or against the do not walk traffic signal is called jaywalking. Jaywalking is illegal in Louisiana, and doing so could affect your right to compensation if you are injured in a collision with a motorist. When you cross a street in an area that is not designated for pedestrian traffic, according to Louisiana Statute 32:213, you could be subject to a fine of up to $50.

Consult With an Experienced Pedestrian Accident Attorney

Now that you know that pedestrians do not always have the right of way, it is time to reach out to an experienced Tomeny | Best attorney for help. We are happy to answer your questions about any motor vehicle collision. It is our goal to help you determine if you are entitled to compensation based on the unique circumstances of your case.

While you are responsible for your own safety when crossing the road, drivers do have a duty of care to avoid hitting you, even if you are jaywalking. Remember, you have just two years to file your personal injury claim. Contact our legal team today to get started.