New Orleans is known for its walkable neighborhoods, busy intersections, and high tourist activity. While these areas bring life and character to the city, they also create situations where pedestrians face real risks. Distracted drivers, congested roadways, left-turn conflicts, and rideshare pickups often combine to create conditions where accidents happen quickly and without warning.
When a driver fails to pay attention or does not yield as required, even a low-speed impact can cause serious injuries. Louisiana law outlines how fault is evaluated, how insurance applies, and what steps injured pedestrians can take after a crash.
The overview below explains how Louisiana handles pedestrian accident claims, what factors affect these cases, and when speaking with a New Orleans pedestrian accident lawyer may help you move forward with clarity.
Pedestrian accidents happen for many reasons, and multiple factors often contribute to a single incident.
Using a phone, adjusting GPS, or navigating rideshare apps can take a driver’s attention away from the road, increasing the likelihood of failing to notice a pedestrian crossing or entering an intersection.
New Orleans has several high-risk crosswalks, particularly in areas with heavy foot traffic. Drivers who roll through intersections, make quick turns, or fail to stop entirely can place pedestrians in danger.
Higher speeds significantly increase injury severity. Even slight increases in speed reduce a driver’s ability to stop or react in time.
Left turns at busy intersections often lead to visibility issues. Drivers may focus on oncoming traffic and overlook pedestrians entering the crosswalk.
Hit-and-run accidents are unfortunately common in New Orleans. In these cases, promptly reporting the crash and identifying available insurance coverage becomes critical.
Alcohol-related incidents remain a concern throughout Louisiana, and impaired driving reduces reaction time, judgment, and the ability to see pedestrians clearly.
Pedestrian injuries vary widely and depend on the speed and circumstances of the crash.
Common injuries include:
Even when injuries seem minor at first, symptoms can worsen in the days or weeks after the accident.
Louisiana has specific rules governing responsibility and recovery in pedestrian accident cases.
Louisiana follows a comparative fault system, which means an injured pedestrian can still pursue a claim even if they are found partially responsible for the accident. Any recovery may be adjusted based on the assigned percentage of fault, but the claim itself can still proceed.
Most pedestrian accident claims must be filed within one year of the incident. Because Louisiana’s prescriptive period is shorter than that of many states, acting promptly helps preserve your ability to pursue a claim.
Pedestrian accidents often involve several types of insurance:
Determining which policies apply can be complicated, especially when multiple vehicles or insurers are involved.
If the driver fled the scene, it is essential to file a police report quickly. UM coverage may help when the at-fault driver cannot be identified, though tracking down a hit-and-run driver can be challenging.
Specific steps may help protect your ability to understand and pursue a claim:
These actions can help create a clear picture of what happened.
Understanding the process can make the next steps feel more manageable. Most claims follow the stages below:
The first stage involves reviewing what occurred, identifying involved parties, and assessing available insurance coverage.
This includes gathering medical records, police reports, photos, surveillance footage, and witness statements. Documentation helps build an accurate representation of the accident.
Insurance adjusters may contact the injured person early on. An attorney can handle these communications to ensure information is presented correctly.
Once the necessary information is collected, discussions with insurers may begin to work toward a resolution.
If a fair outcome cannot be reached through negotiation, filing a lawsuit may be the next step. Many cases still resolve before trial. A clear understanding of each step can make the process more manageable.
At Charbonnet Law, our New Orleans pedestrian accident lawyers provide clear guidance and steady support throughout the claims process for injured pedestrians.
Our approach includes:
Our goal is to offer clarity in situations that often feel overwhelming.
Many pedestrian accident victims in New Orleans are tourists or individuals visiting the city for work or events. If you were injured while visiting, you can still file a claim even if you live in another state.
Charbonnet Law can coordinate communication remotely, review documents electronically, and guide you through each stage of the process. Louisiana law will apply to the claim, and insurance coordination may involve policies from multiple states.
Fault depends on each party’s actions. Louisiana’s comparative fault rules assign responsibility based on how both the driver and the pedestrian contributed to the accident.
You may still have a claim. Louisiana evaluates the overall circumstances, not just where the pedestrian was walking, when determining responsibility for an accident.
Yes. A police report helps document the event, and uninsured motorist coverage may apply if the at-fault driver cannot be identified.
Timeframes vary depending on the injury severity, available evidence, insurance issues, and whether the case can be resolved through negotiation or requires litigation.
A police report provides essential documentation about what happened and may help clarify fault and support the claim during the insurance review process.
Legal guidance can help clarify fault, evidence, and insurance issues, even when injuries seem minor or symptoms develop more noticeably over time.
Proper evidence includes photos, witness information, medical records, and any available video footage that helps show how the accident occurred and who may be responsible.
If you were injured while walking in New Orleans, speaking with a New Orleans pedestrian accident lawyer can help you understand your options and determine your next steps. Our team can review the circumstances, answer your questions, and explain how the process works under Louisiana law.
A free consultation can help you move forward with clarity. If you’re ready to discuss your situation or need guidance about what comes next, contact us today to schedule your consultation.