Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
Getting around New Orleans on foot or by bike is a popular choice, especially near college campuses and downtown. It’s convenient, healthy, and often quicker than dealing with traffic. But when accidents happen, the aftermath can be overwhelming—especially when you’re trying to figure out who will pay for your injuries.
If you were injured in a pedestrian or bicycle accident involving a car or a cyclist, one of your first questions might be: Will auto insurance cover my medical bills? The short answer is: it depends. This post explains how coverage works, what Louisiana law says, and what to do next.
Accidents involving pedestrians and cyclists can happen in different ways. A car may hit a pedestrian, or a cyclist might collide with someone walking. If a vehicle is involved, auto insurance usually applies. But when a cyclist hits a pedestrian, things get trickier. Bikes aren’t covered by auto insurance, so you may need to look into the cyclist’s homeowner’s or renter’s policy. These incidents are common near college campuses where foot traffic and bike paths often overlap.
Auto insurance can cover injuries in certain situations, especially when a motor vehicle is involved. Here’s how it generally works:
Liability coverage from the driver’s auto insurance is the most common source. If the driver was at fault, their insurance should cover your medical expenses and other damages.
MedPay (Medical Payments) coverage is optional in Louisiana, but if the driver has it, it may help cover medical costs for anyone injured in a crash, regardless of fault.
When passing a cyclist on Louisiana roads, drivers are required by the Colin Goodier Protection Act to give them at least three feet.
Louisiana uses a comparative fault system, meaning your compensation is reduced by your share of fault. For instance, if you’re 30% at fault for a $50,000 claim, you’d get $35,000.
Article 2323 of the Louisiana Civil Code states that a plaintiff’s damages may be lowered in accordance with their proportion of fault .
Even if partially at fault, you may still recover damages with strong evidence like photos, witness statements, or a police report.
What you do after an accident can impact your claim. Get medical care right away, even if injuries seem minor. Collect the driver or cyclist’s info, take photos, and report the crash to police or campus security if you’re at a university.
LSU data shows a 29.69% rise in pedestrian deaths since 2016 despite fewer injuries overall. A police report creates a record that can support your insurance claim or legal case.
Pedestrian and bicycle crashes often lead to serious injuries. Unlike people in cars, you have no physical barrier to protect you. Here are some of the most common injuries reported:
Some injuries may not show up right away. That’s why it’s essential to see a doctor even if you feel fine after the accident. In some cases, a pedestrian struck by a bicyclist can file a claim against the cyclist’s homeowners or renters insurance, if applicable.
|
Situation |
Coverage Source |
Notes |
| Pedestrian hit by car | Driver’s liability coverage | Pays for injuries if driver is at fault |
| Cyclist hit by car | Driver’s liability + MedPay | Cyclist may also use UM/UIM if applicable |
| Pedestrian hit by cyclist | Possibly homeowner’s/renter’s | Auto insurance does not apply if no vehicle involved |
| Hit-and-run accident | Victim’s UM/UIM coverage | Only if included in their own auto policy |
| On-campus incident involving students | Campus incident report + civil claim | Schools usually not liable unless there’s provable negligence |
No. Auto insurance generally only applies to motor vehicle accidents. If the cyclist has homeowner’s or renter’s insurance, it may cover pedestrian injuries.
It depends on the situation. If the cyclist didn’t yield or acted recklessly, they may be responsible. However, under Louisiana law, pedestrians can also share fault.
Yes. Louisiana’s comparative fault rule allows you to recover damages, but your share of the blame reduces the amount.
If a car driver fled, your own UM/UIM insurance might help. If a cyclist fled and they’re later identified, you may be able to pursue a civil claim.
It’s not always required, but it’s beneficial. A police report provides details and helps support your case when filing an insurance claim or lawsuit.
If you were hit by a car or a bicycle in Louisiana, you’re likely facing medical bills, missed work, and confusion about what to do next. The good news is that you may have options for compensation through auto insurance or other policies—but it depends on the details of your case.
Understanding Louisiana’s laws and knowing what to do after an accident can protect your rights. Whether you’re a pedestrian or a cyclist, documenting what happened and getting legal advice can help you move forward.
At Charbonnet Law Firm, LLC, we’ve helped many New Orleans residents injured in bicycle and pedestrian crashes find answers and pursue fair outcomes. If you’re unsure what your next step should be, we’re here to help guide you through it.
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.
