Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
A walk through the French Quarter, a jog along the lakefront, or a quick trip across a Mid-City intersection should not be dangerous. Yet pedestrians continue to suffer serious injuries on New Orleans streets.
More than 8,000 pedestrians were killed in crashes involving motor vehicles in 2022. About one in five people who died in traffic crashes that year were pedestrians, according to the Centers for Disease Control and Prevention.
New Orleans has busy streets, heavy foot traffic, and plenty of places where cars and pedestrians cross paths. Distracted driving, speeding, drunk driving, and failing to yield can all lead to a serious crash.
This guide covers the common causes of pedestrian accidents, what makes these crashes more likely, and how Louisiana determines fault.
Pedestrian crashes can happen for many reasons, but driver behavior is often a major factor. A driver may be distracted, speeding, impaired, or simply fail to see someone crossing the road.
New Orleans has busy streets, heavy foot traffic, and areas where cars and pedestrians share the same space. Drivers need to pay attention and adjust their driving to those conditions.
Vehicle speed also matters. The CDC explains that higher speeds increase both the chance of a pedestrian being struck and the severity of the resulting injuries.
Pedestrian crashes can happen in many different ways. Driver behavior is often a major factor, but road conditions and pedestrian actions can also play a role.
A driver looking at a phone is not watching the road.
Distracted driving can include texting, using a phone, adjusting controls, eating, or doing anything else that takes attention away from driving. A pedestrian may have no idea that an approaching driver has not seen them.
Even a few seconds of distraction can leave too little time to avoid a person on the road. Learn more about distracted driving and how it can contribute to serious crashes.
Alcohol can slow reaction time and affect judgment. It can also make it harder for a driver to notice hazards.
The risk can be especially high for pedestrians at night and around restaurants, bars, and other entertainment venues. The CDC reports that alcohol involvement is a factor in many fatal pedestrian crashes involving drivers, pedestrians, or both.
A driver who causes a pedestrian crash while impaired may face criminal charges and a civil claim. You can learn more about intoxicated driver liability after a crash.
Speed can make a pedestrian crash much worse. A faster driver has less time to react and needs more distance to stop.
Louisiana law requires drivers to choose a speed that is reasonable for the road, traffic, and weather conditions.
On roads where vehicles travel faster, pedestrians have less time to get out of the way, and drivers have less time to avoid a collision.
Drivers must yield when required and watch for pedestrians before moving through a crosswalk or intersection.
A crash can happen when a driver rolls through a stop sign, turns without checking the crosswalk, ignores a pedestrian signal, or simply fails to look before turning.
A crosswalk does not protect pedestrians from every risk. Drivers still need to watch the road and make sure the way is clear.
Left turns can be particularly dangerous for pedestrians. A driver may be watching for a gap in traffic and miss someone crossing the road. During a turn, drivers need to watch for pedestrians as well as other vehicles and bicycles.
Missing a pedestrian for even a moment can lead to a serious collision.
Rain, darkness, and poor lighting can make it harder to see someone walking near the road.
Drivers should slow down and pay closer attention when visibility is limited. Wet roads, dark clothing, and poorly lit streets can make a pedestrian harder to spot, but drivers still need to drive safely for the conditions.
Pedestrians can also improve visibility by using marked crossings, wearing brighter clothing, or carrying a light at night.
Pedestrians are expected to follow traffic signals and use reasonable care around traffic. Crossing between intersections or stepping into traffic without enough time to cross can contribute to a crash.
If both the pedestrian and driver contributed to the accident, Louisiana’s comparative fault rules may divide responsibility between them.
A pedestrian being partly at fault does not necessarily prevent a claim against a negligent driver.
Pedestrian safety depends on both drivers and people walking.
|
Who |
Safety Step |
Why It Helps |
| Drivers | Slow down near intersections and pedestrian areas | Gives more time to react |
| Drivers | Avoid using phones while driving | Keeps attention on the road |
| Drivers | Do not pass vehicles stopped at crosswalks | The stopped vehicle may be yielding to a pedestrian |
| Pedestrians | Use marked crosswalks and signals | Makes crossing more predictable |
| Pedestrians | Stay visible at night | Helps drivers see you sooner |
A pedestrian has little protection against a vehicle. Even a crash at a lower speed can cause broken bones, head injuries, spinal injuries, and other serious harm.
Some injuries require months or years of treatment and rehabilitation. They can also lead to missed work and high medical costs.
Learn more about catastrophic injuries after a car accident.
If you or someone you love is hit by a vehicle:
Keep anything that may help explain the accident, including photos, witness details, and video from nearby cameras.
Driver inattention is a common cause. Distracted driving, speeding, drunk driving, and failure to yield can all lead to pedestrian crashes.
Yes. Fault can be shared between the driver and pedestrian, and a pedestrian’s compensation may be reduced based on their share of fault.
A claim may cover medical bills, lost income, future care, and pain and suffering.
For many crashes on or after July 1, 2024, the deadline is two years from the date of injury. Different deadlines may apply to older claims.
Photos, witness information, police reports, traffic camera footage, and medical records can all help show what happened.
A pedestrian accident can leave you with serious injuries, medical bills, and time away from work. You may also have questions about who is responsible and how to pay for your losses.
If you or someone you love was hurt in a pedestrian crash, our New Orleans pedestrian accident attorneys can review what happened, explain your legal options, and help you understand the next steps.
Contact Charbonnet Law Firm for a free consultation.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
