Hit while walking? Drivers have a duty to watch out for you.
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PEDESTRIAN ACCIDENTS —
From the French Quarter and the CBD to neighborhood streets, school zones and parking lots, people walk everywhere in New Orleans. A pedestrian has no protection against a car, so even a low-speed crash can cause broken bones, head injuries and long recoveries.
Stephen J. Hecker helps pedestrians and their families deal with the insurance companies and pursue full compensation for their injuries.
Where traffic signals are not in operation, Louisiana drivers must stop and yield to a pedestrian crossing in a crosswalk. Drivers also may not pass another vehicle that has stopped to let a pedestrian cross. Pedestrians have duties too, such as not stepping suddenly into the path of a vehicle that is too close to stop.
Even outside a crosswalk, drivers must use reasonable care to avoid hitting people. Every case depends on its facts, so don’t assume you’re out of luck because you weren’t in a marked crosswalk.
The at-fault driver’s liability insurance is usually the first source. If the driver was uninsured or underinsured, or fled the scene, uninsured/underinsured motorist (UM) coverage on your own auto policy, or a household family member’s policy, may apply even though you were on foot.
Louisiana changed its fault rule on January 1, 2026. For accidents on or after that date, if you are found 51% or more at fault, you recover nothing. If you are less than 51% at fault, your recovery is reduced by your share. Insurance companies know this, so expect them to try to push more of the blame onto you.
In Louisiana, most injury claims from accidents on or after July 1, 2024 must be filed within two years. Injuries before that date generally had only one year. Evidence also disappears fast, so don’t wait.
Talk to Stephen J. Hecker today. The consultation is free.
FAQ —
Possibly. Drivers must use reasonable care to avoid pedestrians everywhere, not just in crosswalks. Fault is shared in many cases. For accidents on or after January 1, 2026, you can recover as long as you are less than 51% at fault, with your recovery reduced by your share.
Maybe. If you live with a family member who has auto insurance, their uninsured motorist coverage may protect you. We’ll review every policy that could apply.
Call 911, get medical care, and if you can, get the driver’s information and photos of the scene. Don’t give a recorded statement to the driver’s insurance company before you talk to a lawyer.
For most accidents on or after July 1, 2024, you have two years to file suit in Louisiana.
PRACTICE AREAS
We help injured drivers, passengers and families get the compensation they deserve.
We take on trucking companies and their insurers after 18-wheeler crashes.
Riders get blamed first. We push back and work to show what really happened.
