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 common, especially near campuses and downtown areas. But when an accident happens, the biggest question is usually who pays for the injuries.
In most cases, auto insurance can cover pedestrian or bicycle injuries if a motor vehicle is involved, but coverage depends on fault, policy type, and the details of the accident.
If you were injured in a pedestrian or bicycle accident involving a car or a cyclist, understanding how insurance works under Louisiana law can help you make informed decisions.
Pedestrian and bicycle accidents are not all treated the same. The type of incident determines which insurance applies. When a car hits a pedestrian or cyclist, auto insurance is usually the primary source of coverage.
When a cyclist hits a pedestrian, auto insurance does not apply because bicycles are not motor vehicles. In these cases, coverage may come from the cyclist’s homeowner’s or renter’s insurance, if available.
These situations are common in areas with heavy foot and bike traffic, such as college campuses.
Auto insurance applies primarily when a motor vehicle is involved, but the type of coverage depends on the policy and circumstances.
Here’s how it typically works:
If a bicyclist causes the accident, auto insurance does not apply. Instead, homeowner’s or renter’s insurance may provide coverage.
According to the Louisiana Highway Safety Commission, 122 pedestrian fatalities and 22 cyclist deaths occurred in a single year, with alcohol involved in over half of those incidents.
Drivers are also required under Louisiana law to leave at least three feet when passing a cyclist.
Louisiana follows a comparative fault system, which means compensation is reduced based on your share of responsibility.
For example, if you are 30% at fault in a $50,000 claim, you may recover $35,000. Under Article 2323 of the Louisiana Civil Code, damages are adjusted based on each party’s percentage of fault.
Even if you share some responsibility, you may still recover compensation if there is supporting evidence such as photos, witness statements, or a police report.
The steps you take immediately after an accident can directly affect your health and your claim.
Focus on these actions:
A police report creates an official record that can support your claim later.Data from LSU shows a 29.69% increase in pedestrian deaths since 2016, highlighting the importance of proper documentation and timely response.
Pedestrians and cyclists are more exposed than drivers, which increases the likelihood of serious injuries.
Common injuries include:
Some injuries may not appear immediately, which is why medical evaluation is important after any accident.
Coverage depends on how the accident happened and who was involved.
|
Situation |
Coverage Source |
Notes |
| Pedestrian hit by car | Driver’s liability | Covers injuries if driver is at fault |
| Cyclist hit by car | Liability + MedPay | UM/UIM may also apply |
| Pedestrian hit by cyclist | Homeowner’s/renter’s | No auto coverage if no vehicle involved |
| Hit-and-run | Victim’s UM/UIM | Only if included in policy |
| On-campus incident | Civil claim | School liable only if negligent |
No. Auto insurance generally applies only to motor vehicle accidents. Coverage may come from the cyclist’s homeowner’s or renter’s insurance.
Fault depends on behavior. Cyclists may be responsible if they act recklessly, but pedestrians can also share fault under Louisiana law.
Yes. Louisiana allows recovery under comparative fault, but your compensation is reduced by your percentage of fault.
UM/UIM coverage may apply if a driver fled. If a cyclist is later identified, a civil claim may still be possible.
Not always, but it strengthens your case by creating an official record of the incident.
Accidents involving pedestrians and cyclists can lead to medical bills, lost income, and uncertainty about what to do next.
When a motor vehicle is involved, auto insurance is often the primary source of coverage, but other policies may apply depending on the situation.
Understanding how Louisiana law works, documenting the incident, and reviewing your insurance options can help you move forward more confidently.
If you need guidance, our attorneys can help you understand your rights and evaluate your options based on the details of your case.
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.
