Hills Daniels & Associates
Pedestrian Accidents in Louisiana: Who Is Liable?
Pedestrian accidents are among the most devastating crashes that occur on Louisiana roads. When a person on foot is struck by a vehicle, the results are almost always catastrophic — because the human body simply has no protection against thousands of pounds of moving steel. Broken bones, traumatic brain injuries, spinal damage, internal injuries, and death are all common outcomes of pedestrian accidents.
If you or a loved one was struck by a vehicle while walking in Louisiana, understanding who is liable — and what your rights are — is the first step toward getting the compensation you deserve. The answer is often more complex than it appears, and having an experienced attorney from the start makes all the difference.
Pedestrian Injuries Are Often Catastrophic
Because pedestrians have no physical protection, injuries in these accidents tend to be severe — and the medical costs, lost wages, and long-term care needs are substantial. Do not let an insurance company minimize what your case is truly worth. Call Hills Daniels & Associates for a free consultation today.
Do Pedestrians Always Have the Right of Way in Louisiana?
This is one of the most common misconceptions about pedestrian accidents. Pedestrians do not have the right of way in every situation — Louisiana law assigns responsibilities to both drivers and pedestrians, and fault can fall on either party depending on the circumstances.
That said, drivers in Louisiana have a heightened duty of care toward pedestrians. Louisiana law requires drivers to exercise due care to avoid striking pedestrians and to give warning when necessary. Speeding, distracted driving, failure to yield at crosswalks, and running red lights are among the most common ways drivers violate this duty.
When Is the Driver Liable?
In the majority of pedestrian accident cases in Louisiana, the driver bears primary or total liability. Common driver behaviors that establish liability include:
- Failing to yield to a pedestrian in a marked or unmarked crosswalk
- Running a red light or stop sign
- Speeding in a school zone, parking lot, or residential area
- Distracted driving — texting, phone use, or other inattention
- Driving under the influence of alcohol or drugs
- Backing out of a driveway or parking space without looking
- Failing to see a pedestrian due to inadequate headlights at night
- Making an illegal turn through a crosswalk
Hit and Run Pedestrian Accidents
Louisiana sees a significant number of hit and run pedestrian accidents — especially in New Orleans and other urban areas. If the driver fled the scene, you may still be able to recover compensation through your own uninsured motorist coverage or through law enforcement's identification of the driver. An attorney can help you pursue every available avenue of recovery even when the at-fault driver is unknown.
Can a Pedestrian Be at Fault?
Yes — and insurance companies will aggressively argue that the pedestrian shared fault in order to reduce what they pay. Common situations where pedestrians may share some responsibility include:
Jaywalking
Crossing outside of a marked crosswalk or against a traffic signal can contribute to a finding of comparative fault against the pedestrian. However, even jaywalking does not eliminate the driver's duty to avoid striking a pedestrian they could see or should have seen.
Crossing Against the Signal
Entering an intersection against a "Don't Walk" signal when vehicles have the green light can reduce a pedestrian's recovery — but does not automatically make the driver blameless, especially if the driver was speeding or distracted.
Walking While Distracted
A pedestrian using their phone, wearing headphones, or otherwise not paying attention to traffic may be assigned a portion of fault. However, this rarely eliminates the driver's liability entirely.
Darting Into Traffic
Suddenly entering the roadway from between parked cars or other obstructions — giving a driver no time to react — can result in a shared fault finding. These cases often turn on the specific facts and the speed of the approaching vehicle.
Comparative Fault Does Not Bar Your Claim
Louisiana follows a pure comparative fault system — meaning even if you were partially responsible for the accident, you can still recover damages. Your compensation is simply reduced by your percentage of fault. If you were 20% at fault and your damages are $100,000, you recover $80,000. An attorney fights to minimize any fault assigned to you and maximize your recovery.
Who Else Can Be Liable Beyond the Driver?
In some pedestrian accident cases, parties other than the driver may share liability. Identifying every responsible party is critical to maximizing your compensation:
The Driver's Employer
If the driver was working at the time — making a delivery, running a work errand — their employer may be liable under respondeat superior
A Government Entity
Poorly designed crosswalks, broken traffic signals, missing sidewalks, or inadequate lighting maintained by a city or parish may create government liability
A Property Owner
If a property owner's obstruction, poor lighting, or hazard contributed to the accident, premises liability may apply
A Vehicle Manufacturer
If a defective vehicle component — brakes, steering, accelerator — contributed to the crash, the manufacturer may share liability
A Bar or Restaurant
Under Louisiana's dram shop laws, a bar or restaurant that overserved an intoxicated driver may share liability for resulting injuries
Another Driver
In multi-vehicle accidents where a pedestrian was struck as a result of a collision between two cars, both drivers may share responsibility
Common Locations for Pedestrian Accidents in Louisiana
| Location | Common Causes |
|---|---|
| Crosswalks & intersections | Drivers failing to yield, running red lights, distracted turning |
| Parking lots | Backing vehicles, distracted drivers, poor visibility |
| School zones | Speeding, failure to observe school zone speed limits |
| Residential streets | Speeding through neighborhoods, failure to see children playing |
| French Quarter & tourist areas | High pedestrian volume, distracted or impaired drivers, poorly marked crossings |
| Gas stations & driveways | Drivers not checking before pulling in or out |
| Bus stops & transit areas | Pedestrians stepping into traffic after exiting buses |
What to Do After a Pedestrian Accident in Louisiana
- Call 911 immediately and get a police report filed at the scene
- Seek emergency medical attention right away — even if you feel you can walk
- Photograph everything — the vehicle, the driver, the road, crosswalk markings, traffic signals, skid marks, and your injuries
- Get the driver's name, license plate, insurance information, and whether they were working at the time
- Collect names and contact information from any witnesses
- Ask whether any nearby businesses have surveillance cameras that may have captured the accident
- Do not give a recorded statement to any insurance company before speaking with an attorney
- Keep all medical records, bills, and documentation of your injuries and recovery
- Contact a personal injury attorney as soon as possible
What You Can Recover as an Injured Pedestrian
Pedestrian accident injuries are often severe — and the compensation available reflects that. A successful claim can recover damages including:
- All past and future medical expenses — emergency treatment, surgery, hospitalization, rehabilitation
- Lost wages during your recovery and loss of future earning capacity
- Pain and suffering — physical and emotional
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Property damage — damaged phone, clothing, personal items
- Wrongful death damages if a family member was killed
Pedestrian Cases Often Settle for More Than People Expect
Because the injuries in pedestrian accidents are typically severe and the driver's liability is often clear, these cases frequently result in significant settlements or verdicts. Do not let an insurance company's first offer — which is almost always far below the true value — be your last. Call Hills Daniels & Associates and let us fight for what your case is truly worth.
Struck by a Vehicle in Louisiana? We Can Help.
At Hills Daniels & Associates, we handle pedestrian accident cases across Louisiana every day.
Our consultations are always free, and we never charge a fee unless we win your case. Call us today at (504) 641-0016 or fill out the form on this page to get started.
Struck by a Vehicle? You Deserve Full Compensation.
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