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Accidents involving pedestrians are a worst-case scenario for any driver. In a split second, everything changes—not just for the person who’s been hurt, but for you too. It’s an overwhelming situation, and you might feel scared, confused, or unsure of what to do next. Understanding the possible outcomes and knowing what steps to take can help you move forward after something so serious happens.
Understanding the Consequences of a Pedestrian Car Accident
When a car hits a pedestrian, the injuries can be devastating, and in some cases, fatal. As the driver, you may face legal penalties, financial responsibility, and even damage to your reputation. The consequences can range from criminal charges to civil lawsuits. Understanding these potential outcomes can help you prepare for what’s ahead and know what to expect.
Criminal Penalties for Hitting a Pedestrian
If you're involved in an accident where a pedestrian is hit, you could face criminal charges. The severity of those charges often depends on the details of the accident. Were you speeding? Were you under the influence of drugs or alcohol? These factors can make a big difference in the penalties you might face.
According to Louisiana law, you could be charged with vehicular homicide if any of the following conditions contributed to the crash:
You were driving under the influence of alcohol, with a blood alcohol concentration (BAC) of 0.08% or higher.
You were under the influence of drugs or controlled substances (even prescription drugs if misused).
You had a combination of alcohol and drugs in your system.
The penalties for vehicular homicide are steep. You could face between 5 and 30 years in prison and a fine ranging from $2,000 to $15,000. If your BAC is 0.15% or higher, the minimum prison sentence increases to five years without the possibility of parole or probation. And if you’ve had previous convictions for DUI or related crimes, the penalties get even harsher.
Hit-and-Run Charges in Louisiana
If you leave the scene of a pedestrian accident, you could also face hit-and-run charges, which are serious in Louisiana. Hit-and-run is the act of failing to stop, provide your identification, and offer reasonable aid after an accident. This applies whether the crash caused damage, injury, or death.
If you flee from the scene of a crash without serious injury or death involved, the penalties may include a fine of up to $500 and up to six months in jail. However, if drugs or alcohol were involved, and you failed to stop, penalties increase significantly.
In the case of hit-and-run involving death or serious injury, you could face up to 10 years in prison and a fine of up to $5,000. If you’ve had prior convictions related to driving under the influence or vehicular crimes, the prison sentence could range from 5 to 20 years.
Leaving the scene of an accident makes things worse for you legally. It’s essential to understand that staying at the scene and providing aid could significantly impact the legal consequences you face.
Civil Liability After a Pedestrian Accident
Beyond criminal penalties, hitting a pedestrian could lead to civil lawsuits. This means the injured pedestrian (or their family, in the case of a fatal accident) could file a lawsuit against you to recover damages. These damages might include:
Medical expenses: This can cover hospital stays, surgeries, medications, and ongoing treatment.
Lost wages: If the pedestrian is unable to work because of their injuries, they can seek compensation for their lost income.
Pain and suffering: This is often the hardest to quantify, but it includes the physical pain and emotional distress caused by the accident.
If you're insured, your car insurance company will likely handle most of the compensation through your liability coverage. However, in some cases, the pedestrian may seek additional compensation beyond what the insurance covers. This is where personal injury lawsuits come into play.
What Should You Do If You Hit a Pedestrian?
If you find yourself in this unfortunate situation, it’s important to remain calm and take the right steps to protect yourself legally. First, stay at the scene and call emergency services to ensure the pedestrian gets medical help. Cooperate with law enforcement, and do not admit fault, as it may be used against you in legal proceedings later.
It’s also a good idea to contact an attorney as soon as possible. They can help guide you through the legal process and protect your rights.
Determining Liability in a Car Accident Involving a Pedestrian
When a car accident involves a pedestrian, figuring out who’s responsible depends on the specifics of the incident. In some cases, the driver may be fully at fault, but there are situations where the pedestrian shares responsibility.
The key factors that help determine liability include:
Police Reports: After the accident, police will typically create a report based on their observations and statements from those involved. This document can play a significant role in establishing fault.
Witness Statements: People who saw the accident happen can provide an unbiased account of the events leading up to the crash. These statements are crucial in determining what really happened.
Surveillance Footage: In today's world, cameras are everywhere—from streetlights to home security systems. Footage from these cameras can be valuable evidence when figuring out how the accident occurred.
Who is Liable for a Pedestrian Hit by a Car?
In many pedestrian accidents, the driver of the vehicle is usually considered liable. However, this isn't always the case. Sometimes, the pedestrian's actions can contribute to the accident. For example, if a pedestrian jaywalks, crosses the street against the light, or steps into traffic unexpectedly, they may be found partially at fault.
If you find yourself in this situation, consulting a personal injury lawyer is highly recommended. A lawyer can help sort out the facts, determine who is liable, and negotiate with insurance companies on your behalf.
Common Causes of Car-Pedestrian Accidents
Car-pedestrian accidents happen for a variety of reasons, but some of the most common causes include:
Distracted Driving: When drivers aren’t paying attention—whether due to texting, eating, or adjusting their GPS—they're more likely to hit pedestrians.
Reckless Driving: Speeding or ignoring traffic signals can easily result in a pedestrian accident.
Failure to Follow Traffic Laws: Pedestrians and drivers alike need to follow the rules of the road. When someone doesn’t, accidents can occur.
Environmental Factors: Poor lighting, confusing road signs, or unsafe road design can make it difficult for drivers and pedestrians to see one another, increasing the likelihood of an accident.
What to Do After a Pedestrian Car Accident
If you’ve been involved in an accident with a pedestrian, it's critical to act quickly and responsibly. Here are the most important steps to take:
Call the Police: Reporting the accident to the authorities is essential. The police will create an official report, which can be used later if there’s an investigation or insurance claim.
Assist the Injured Person: Offer help to the injured pedestrian if you can. Stay at the scene until emergency responders arrive.
Document the Scene: Take photos and videos of the scene, including damage to your vehicle, the surrounding area, and any injuries. These details will be important later when dealing with insurance companies or legal proceedings.
Immediate Steps to Take
Stop Your Vehicle: Never leave the scene of an accident. Stopping immediately and staying put until help arrives is not only the law, but it also demonstrates good faith.
Call 911: This should be done right away. Not only does this ensure the injured party gets medical attention, but it also alerts the authorities to document the accident properly.
Exchange Information: Provide your contact and insurance details to both the police and the pedestrian.
Dealing with Insurance Companies
After the accident, you’ll likely be contacted by the driver’s (or your own) insurance company. Be careful when discussing the incident with them, as they may try to reduce your claim or place the blame on the pedestrian. It’s important to:
Speak cautiously and stick to the facts.
Know that your insurance company will assign an adjuster to manage the claim.
If the case escalates to a lawsuit, your insurance company will typically provide legal defense on your behalf.
Having an attorney by your side can make a significant difference, especially when negotiating with insurance companies or preparing for any legal challenges.
Understanding Insurance Coverage and Damages
When a car accident involves a pedestrian, several types of insurance coverage may come into play. In Louisiana, the driver’s insurance is typically responsible for compensating the injured pedestrian for their damages. These damages can include medical bills, lost wages, and pain and suffering. Louisiana law requires that all drivers carry a minimum amount of liability insurance, which is often used to cover these expenses. However, depending on the severity of the pedestrian's injuries and the costs involved, the driver’s policy limits may not be enough.
Additionally, the pedestrian’s own insurance policies, such as health insurance or disability insurance, may be relevant. If the pedestrian has a car insurance policy that includes Uninsured/Underinsured Motorist Coverage (UM/UIM), they may be able to file a claim under this coverage to help with medical bills and other expenses if the driver’s insurance isn’t sufficient. In Louisiana, UM/UIM coverage is automatically included in all car insurance policies unless it is specifically waived in writing, so many pedestrians may have this protection without realizing it.
Will My Car Insurance Cover a Pedestrian-Car Accident?
Yes, your car insurance will generally cover a pedestrian-car accident, but the extent of coverage depends on the details of your policy and the specific circumstances of the accident. In Louisiana, your bodily injury liability coverage will likely be the primary coverage used to pay for the pedestrian’s medical expenses, lost wages, and other damages.
However, the insurance company will only pay up to the limits of your policy. If the pedestrian’s damages exceed your policy limits, you could potentially be held personally responsible for the remaining costs. It’s also important to note that your personal injury protection (PIP) or medical payments coverage (if you have them) could also help cover medical expenses for both the pedestrian and yourself in certain situations.
Common Injuries Involving Cars and Pedestrians
Pedestrian-car accidents often result in serious injuries due to the vulnerability of pedestrians compared to vehicle occupants. Some of the most common injuries include:
Head Trauma: Pedestrians can suffer concussions or traumatic brain injuries (TBIs) from being hit by a car or striking the ground after impact.
Spinal Cord Injuries: Severe impacts can lead to spinal cord damage, resulting in paralysis or long-term disability.
Broken Bones: Fractures in the legs, arms, or ribs are common, as pedestrians have little protection in an accident.
Internal Injuries: Organ damage and internal bleeding can occur due to the force of the collision.
In Louisiana, the severity of these injuries plays a significant role in determining the amount of compensation the injured pedestrian may receive. Courts will consider the cost of medical treatments, rehabilitation, and the impact of the injuries on the pedestrian’s life when awarding damages in a personal injury lawsuit.
Preventing Future Car-Pedestrian Accidents
Both drivers and pedestrians have a responsibility to prevent accidents by exercising caution and following traffic laws. Preventing future incidents requires mutual awareness and respect for the road rules.
Tips for Drivers
Follow Traffic Laws: Always adhere to speed limits, traffic signals, and pedestrian right-of-way laws, especially in areas with heavy foot traffic.
Stay Aware: Always be mindful of your surroundings, especially in areas where pedestrians are likely to be, such as crosswalks, school zones, and parking lots.
Avoid Distractions: Louisiana law prohibits texting while driving, but other distractions like eating or adjusting the radio can also be dangerous. Stay focused on the road at all times.
Be Cautious in High-Risk Areas: Slow down and be extra vigilant in areas with a high concentration of pedestrians, such as residential neighborhoods, near schools, and at intersections.
By taking these steps, drivers can significantly reduce the risk of a car-pedestrian accident, keeping both themselves and others safer on the roads.
Tips for Pedestrians
Follow Traffic Signals: Always wait for the walk signal at intersections and avoid jaywalking.
Stay Visible: Wearing bright or reflective clothing, especially at night, can help drivers see you. Make sure to make eye contact with drivers before crossing in front of their vehicles.
Use Crosswalks: Stick to designated pedestrian crossings where you have the legal right of way. Avoid crossing in the middle of the street.
By being proactive, pedestrians and drivers alike can help reduce the number of accidents on Louisiana roads.
Liability in Unusual Pedestrian-Car Accidents: When Other Factors Come Into Play
In some cases, factors beyond just the driver and pedestrian can contribute to an accident. For example, an off-leash dog that causes a pedestrian to run into the street, resulting in a car accident, may introduce additional legal considerations. This is where the concept of strict liability can apply, as I explained in a video on dog owners’ liability.
In the video, I discussed how dog owners can be automatically held responsible for any harm their dog causes, especially if the dog was not provoked and was off-leash. The same principles of strict liability may come into play if the dog’s actions directly contribute to a pedestrian’s injuries. In Louisiana, dog owners can be held liable for accidents caused by their pets under Louisiana Civil Code Article 2321, which holds owners strictly responsible if the animal’s actions lead to harm and the owner fails to prevent the situation.
For example, if a pedestrian is forced into the path of an oncoming car because of an aggressive dog, both the driver and the dog’s owner could potentially share liability for the accident. This demonstrates that multiple parties can be responsible for pedestrian accidents, and every factor must be considered when determining liability.
For more insights into how liability can shift based on circumstances like this, watch my full video on dog owners’ liability. It’s important to understand that outside factors such as pets or other environmental issues may complicate the legal process even in seemingly straightforward cases.
Get the Help You Deserve After a Pedestrian Accident
Being involved in a pedestrian accident can be a life-changing experience. Whether you're the person who was hit or the driver involved, it’s important to know your rights and understand the path forward.
Pedestrians are incredibly vulnerable in these situations, often suffering serious injuries like broken bones, head trauma, back injuries, and internal damage. These injuries can leave you dealing with physical pain, emotional stress, and overwhelming medical bills.
At Burnham Law Firm, we’re here to help you through this challenging time. We understand the emotional and financial toll that accidents like these can have on everyone involved. Our goal is to make sure you’re not alone in this process. Let us help you get the support and guidance you deserve during this difficult time.
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