You Did Everything Right. Then a Car Hit You.

You pressed the crosswalk button. You waited for the signal. You stepped off the curb, and then everything changed. Whether you were crossing a busy Monroe intersection or walking along a roadside without a sidewalk, being struck by a vehicle is one of the most physically and emotionally crushing things a person can go through. The injuries are serious. The medical bills stack up fast. And on top of all of that, you are left trying to figure out what your rights are and whether you can even afford to pursue a claim.

Here is the good news. Louisiana law gives pedestrians real legal tools to fight for compensation, and at E. Orum Young Law, we have helped people right here in our community do exactly that. This post walks you through what a pedestrian accident claim in Louisiana actually involves, from fault rules and right-of-way laws to settlement values and what to do in the days immediately after the crash. 

Who Has the Right of Way in Louisiana? It Depends on Where You Are

A lot of people assume pedestrians always have the right of way. In Louisiana, that is not quite accurate, and that misunderstanding can seriously hurt a claim if you do not know how the law is written. 

Under Louisiana Revised Statute 32:212, when traffic control signals are not in place or not functioning, a driver must stop and yield to a pedestrian who is crossing within a crosswalk. The law also says that a pedestrian cannot suddenly step off a curb into the path of a vehicle that is so close it is impossible for the driver to stop safely. Both duties exist side by side. 

When a traffic signal is operating, Louisiana Revised Statute 32:232 requires vehicles to stop and yield to pedestrians who are lawfully within an adjacent crosswalk. If you had a walk signal and a driver ran a red light and hit you, that driver will often bear a substantial share of fault. 

It is also important to understand that Louisiana recognizes both marked and unmarked crosswalks. Many intersections have legal crosswalks even when no painted lines appear on the pavement. Whether a pedestrian was inside a marked or unmarked crosswalk can become an important issue when fault is disputed after an accident. 

But what about situations outside a crosswalk? Louisiana law is clear. When you are crossing outside of a marked or unmarked crosswalk, you are generally required to yield to vehicles. Louisiana Revised Statute 32:213 addresses this directly, stating that pedestrians crossing at any point other than a crosswalk must yield to vehicles on the roadway. And when a sidewalk is available, you are expected to use it. If one is not available, state law generally directs pedestrians to walk on the left side of the roadway or shoulder, facing oncoming traffic when practical. 

Additionally, under Louisiana Revised Statute 32:219, any driver emerging from an alley, private driveway, or building entrance must yield to pedestrians on the sidewalk crossing that entrance. This applies to parking lot exits, gas station driveways, and business entrances throughout Monroe and the rest of Louisiana. 

How Louisiana Determines Fault in a Pedestrian Accident

Fault in a pedestrian accident in Louisiana is not black and white. The state uses a comparative fault system governed by Louisiana Civil Code Article 2323. In many cases, both the pedestrian and the driver may share some degree of responsibility for what happened. 

Louisiana’s comparative fault rules were significantly revised by Act 15 of 2025, which became effective on January 1, 2026. For many negligence claims arising on or after that date, an injured person who is found more than 50 percent at fault may be barred from recovering damages. 

In practical terms, if an injured pedestrian is found to be 50 percent or less at fault, any recovery may be reduced by that percentage of fault. For example, if damages total $100,000 and the pedestrian is found 20 percent at fault, the recoverable amount may be reduced to $80,000. 

If the pedestrian’s share of fault exceeds 50 percent, recovery may be barred under the current law. Because these changes are relatively recent and their application can depend on the specific facts and legal issues involved, determining fault has become even more important than it was under prior law. 

Insurance adjusters often look for opportunities to increase a pedestrian’s percentage of fault. They may argue that the pedestrian crossed outside a crosswalk, ignored traffic signals, stepped into traffic unexpectedly, or failed to exercise reasonable care. The more fault assigned to the pedestrian, the less compensation the insurance company may have to pay. 

It is also important to understand that the law in effect at the time of the accident matters. Accidents that occurred before January 1, 2026, may be governed by Louisiana’s prior pure comparative fault rules. Under that system, an injured person could still recover damages even if they were found more than 50 percent at fault, although the recovery would be reduced by their percentage of fault.

Because fault allocation can dramatically affect the value of a pedestrian injury claim in Louisiana, gathering evidence early and understanding how the law applies to your specific case is essential.

What Kinds of Compensation Can You Recover?

When a driver’s negligence causes your injuries, Louisiana Civil Code Article 2315 provides the legal foundation for your right to recover damages. The types of compensation available in a pedestrian injury claim in Louisiana generally fall into two categories. 

Special damages are the measurable, out-of-pocket losses, including:

  • Past and future medical expenses (emergency room care, surgeries, physical therapy, medications)
  • Lost wages from time missed at work
  • Reduced earning capacity if your injuries affect your ability to work in the future
  • Transportation costs related to medical treatment

General damages cover losses that are real but harder to put an exact number on:

  • Physical pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of companionship or consortium for a spouse or family member

Louisiana generally does not allow punitive damages in personal injury cases. However, there is a narrow exception under Louisiana Civil Code Article 2315.4. In cases where the driver who caused the accident was operating a vehicle while intoxicated and acted with wanton or reckless disregard for the safety of others, a court may award exemplary damages in addition to compensatory damages. These cases are more difficult to prove, but they may result in additional recovery when supported by strong evidence. 

There is no standard settlement value for a pedestrian injury claim in Louisiana. Every case depends on its own facts, including the severity of your injuries, the extent of medical treatment required, lost income, long-term impact, and how liability is ultimately determined. The value of a claim may also be influenced by whether the case is resolved through settlement or proceeds to trial. 

Where Does Compensation Come From After a Pedestrian Accident?

Many injured pedestrians assume compensation can only come from the driver’s personal auto insurance policy. In reality, there may be multiple sources of recovery depending on the circumstances of the accident.

The most common source of compensation is the at-fault driver’s liability insurance coverage. Louisiana drivers are required to carry minimum liability insurance, but serious pedestrian injuries often exceed those limits.

If the driver who hit you does not have insurance or does not carry enough coverage to fully compensate you for your losses, you may be able to pursue uninsured or underinsured motorist (UM/UIM) benefits. The availability and amount of this coverage depend on the specific terms of your own insurance policy.

In some cases, additional coverage may be available through commercial insurance policies. This can include situations where the driver was operating a work vehicle, making deliveries, or otherwise acting within the scope of employment at the time of the crash.

Pedestrian accidents can also involve more than one liable party or insurance policy. Identifying all available sources of recovery is often an important part of fully valuing a claim and ensuring that no potential coverage is overlooked.

What Should You Do Right After the Accident?

The actions you take in the hours and days after a pedestrian accident in Louisiana can have a direct impact on what you are able to recover. Here is a straightforward checklist of what matters most: 

  1. Call 911 immediately. Get medical help on the scene and make sure a police report is filed. Never leave without obtaining the report information, including the report number and responding agency.
  2. Accept medical treatment. Even if you feel okay, get evaluated. Many serious injuries, including concussions, internal bleeding, and spinal trauma, do not show obvious symptoms right away.
  3. Document everything at the scene. Photos of the vehicle, roadway, crosswalk markings, traffic signals, skid marks, your injuries, and the surrounding area can become important evidence later.
  4. Collect contact information. Get the driver’s name, insurance information, phone number, and license plate number. Gather contact information from any witnesses as well.
  5. Preserve evidence. Save clothing worn during the accident, damaged personal items, medical records, bills, and any communication from insurance companies.
  6. Do not give a recorded statement to the insurance company without legal guidance. Insurance adjusters represent the insurer, not you. Early statements can be taken out of context and used to minimize or dispute your claim.
  7. Follow all medical treatment recommendations. Gaps in treatment or missed appointments are often used to argue that injuries are not as serious as claimed.
  8. Contact a pedestrian accident attorney in Louisiana as soon as possible. Evidence can disappear quickly, surveillance footage may be overwritten, and witness memories can fade. Early legal involvement can help preserve significant evidence and protect your claim.

The Deadline You Cannot Afford to Miss 

Louisiana law gives injured pedestrians a limited amount of time to bring a personal injury claim, and missing that deadline can permanently bar recovery. 

For injuries that occurred on or after July 1, 2024, most personal injury claims in Louisiana are subject to a two-year liberative prescription period under Louisiana Civil Code Article 3493.1. This means you generally have two years from the date of the accident to file a lawsuit. 

For older claims, different rules may apply depending on when the accident occurred, including the prior one-year prescriptive period under Louisiana Civil Code Article 3492. Because the applicable deadline depends on the date of the injury and the specific facts of the case, it is important not to assume you have more or less time without confirming the law that applies. 

If the deadline passes, your right to recover compensation is typically lost, even if the driver was clearly at fault or your injuries are severe. Courts strictly enforce prescription rules, and exceptions are limited and narrowly applied. 

There are a few situations that may pause or extend the deadline, such as when the injured person is a minor or when certain legal or procedural issues delay when the clock begins to run. However, these situations are fact-specific and should not be relied on without legal review.

Because of these strict timelines, it is important to speak with a pedestrian accident attorney in Louisiana as early as possible to preserve your rights and ensure your claim is filed on time.

Key Takeaways

  • Louisiana law requires drivers to yield to pedestrians in crosswalks when traffic signals are absent or inoperable under RS 32:212, and to yield to pedestrians lawfully within crosswalks at traffic signals under RS 32:232. Both marked and unmarked crosswalks may apply.
  • Pedestrians crossing outside crosswalks must yield to vehicles under RS 32:213 and are generally required to follow roadway rules regarding sidewalks and walking direction.
  • Louisiana uses a comparative fault system under Civil Code Article 2323. For many negligence claims, fault is allocated between the parties, and recovery may be reduced based on percentage of fault or barred if the injured person is found more than 50 percent at fault under current law for applicable claims.
  • Compensation for a pedestrian hit by a car in Louisiana can include medical bills, lost wages, loss of earning capacity, and pain and suffering. In limited cases involving intoxicated driving, exemplary damages may be available under Civil Code Article 2315.4.
  • Most personal injury claims in Louisiana must be filed within two years under Civil Code Article 3493.1 for accidents occurring on or after July 1, 2024, while older claims may be governed by different deadlines.
  • Hiring a pedestrian accident attorney in Louisiana gives you the best chance of protecting your rights, identifying all available insurance coverage, and maximizing your recovery.

Frequently Asked Questions

Can I still recover compensation if I was partly at fault for the accident? 

Yes. Louisiana follows a comparative fault system under Civil Code Article 2323. In many cases, your recovery is reduced by your percentage of fault. However, if you are found more than 50 percent at fault in applicable claims, you may be barred from recovery under current law for accidents governed by the 2026 changes. For older accidents, different rules may apply based on the date of the incident. 

What if the driver who hit me did not have insurance?

You may still be able to recover compensation through uninsured or underinsured motorist (UM/UIM) coverage on your own auto insurance policy. In some situations, multiple UM policies may apply depending on the terms of the coverage. An attorney can review all available policies to determine potential recovery options. 

What if I was hit in a parking lot or private driveway? 

These cases may still be valid injury claims depending on how the accident occurred. Louisiana Revised Statute 32:219 requires drivers exiting driveways, alleys, and similar entrances to yield to pedestrians on sidewalks and in adjacent areas. Liability in parking lot and private property accidents is fact-specific and often depends on visibility, right-of-way, and driver negligence. 

How long does a pedestrian accident claim take to resolve?

It depends on the severity of the injuries, the complexity of the liability issues, and whether the case settles or goes to trial. Some claims resolve in a few months, while others may take a year or longer, especially when surgery, ongoing treatment, or disputed fault is involved. 

Do I need an attorney if the driver’s insurance company already offered me a settlement?

Yes, it is generally advisable to have the offer reviewed before accepting. Initial settlement offers are often made before the full extent of injuries and long-term medical needs are known. Once a settlement is accepted, you typically cannot seek additional compensation later, even if your condition worsens. 

Contact E. Orum Young Law. We Are Ready to Help

If you or someone you care about has been injured in a pedestrian accident here in Monroe or anywhere else in Louisiana, do not try to handle it alone. The legal landscape shifted significantly, the insurance companies are well-prepared, and the window to build a strong claim is short.

At E. Orum Young Law Personal Injury Attorney, we represent injured pedestrians across Louisiana and we fight to get every dollar our clients deserve. Contact us today to schedule a free case review. The sooner you reach out, the more options you have.