New Orleans Pedestrian Accident Attorneys

Do Pedestrians Always Have the Right of Way in Louisiana?

Many people believe pedestrians always have the right of way, but this isn’t always the case. Under La. R.S. § 32:212, drivers must yield to a pedestrian crossing the roadway within a marked crosswalk or an unmarked crosswalk at an intersection. If you’re lawfully in a crosswalk, approaching vehicles must stop and wait for you to pass.

However, if a pedestrian crosses a road outside of a marked crosswalk or an unmarked crosswalk at an intersection, they must yield the right of way to all vehicles (La. R.S. § 32:213). Pedestrians are also prohibited from suddenly leaving a curb and stepping into the path of a vehicle that is too close to stop in time.

Insurance adjusters frequently try to use these statutes against pedestrians to deny claims and reduce payouts. We can investigate the circumstances of the incident, review local traffic laws, and build a factual timeline to demonstrate when a negligent driver failed to act appropriately on the road.

Can I Recover Damages if I Was Jaywalking?

If you were hit while crossing outside of a designated crosswalk, the insurance company will likely accuse you of jaywalking and try to dismiss your claim. Fortunately, Louisiana uses a modified comparative fault system, meaning you can still recover compensation as long as you are less than 51% responsible for the accident.

If the court determines you share some of the blame, your final settlement will be reduced by your assigned fault. However, if your share of the fault is 51% or more, you cannot recover any damages at all. Because this threshold is so strict, most adjusters work to shift the majority of the blame onto victims. 

Our attorneys can step in to push back against these evasive tactics and safeguard your right to compensation. We can present clear evidence of driver negligence and challenge unfair fault assessments to maximize your potential recovery.

Our Trial-Ready Approach to Investigating Pedestrian Accidents

Reconstructing Collision Dynamics

Pedestrian crashes involve complex physical forces and vehicle trajectories. We can analyze impact points, vehicle damage, and roadway markings to establish how the driver failed to avoid the collision.

Dismantling False Comparative Fault Claims

Many insurance companies attempt to place blame on pedestrians by claiming they were distracted, wearing dark clothing, or outside a crosswalk. We can build a detailed factual timeline to refute these defenses and protect your right to recovery.

Quantifying the True Extent of Your Injuries

Pedestrian injuries may require long-term care, surgeries, and extensive rehabilitation. We coordinate with treating physicians and medical specialists to account for all future care needs and lost income in claims.

Preparing Every Case for the Courtroom

We don’t build cases just to accept a quick settlement from an adjuster. Instead, our trial attorneys prepare every pedestrian claim as if the case will go to court, increasing the likelihood of insurance companies taking your injuries seriously.