When a car hits someone on foot, determining who is legally responsible is critical for recovering compensation. In Louisiana, fault depends on the specific actions of both parties before and during the crash. While a negligent driver is frequently to blame, pedestrians also have traffic laws to follow and can sometimes share liability under the state’s comparative fault rules.
If you or a loved one was injured while walking, our experienced pedestrian accident lawyers can help protect your rights, establish fault, and secure the full compensation you deserve. Contact us to schedule a free consultation.
How Louisiana Law Decides Fault in a Pedestrian Crash
Fault comes down to negligence. In simple terms, someone must have owed a duty to act with reasonable care, breached that duty, and caused injuries or other losses.
Drivers must exercise reasonable care around pedestrians because people on foot have little protection in a collision. Drivers must watch for pedestrians, obey traffic signals, control their speed, and yield when required. Pedestrians must also obey traffic signals and cross roads safely.
Sometimes, both sides contribute to a wreck. Louisiana’s comparative fault rules determine how shared responsibility affects an injured pedestrian’s recovery.
When the Driver Is Usually at Fault
In most traffic incidents involving foot traffic, motor vehicle drivers owe a heightened duty of care to protect vulnerable road users. Common causes of pedestrian accidents involving driver negligence include:
- Speeding through an intersection or crosswalk
- Texting or driving while distracted
- Driving under the influence
- Running a red light or stop sign
- Not yielding at a marked crosswalk
- Turning without yielding to a pedestrian
- Overlooking a pedestrian at night
Drivers are required to remain alert at all times, adjust their driving to environmental conditions, and anticipate pedestrians in high-traffic zones. Because motor vehicles carry far more force and momentum than a person on foot, the driver may still bear most of the responsibility even when the pedestrian made a mistake.
When a Pedestrian Can Share Fault
While motorists must exercise caution, pedestrians are also obligated to follow traffic control devices and exercise reasonable care for their own safety. Pedestrians can also contribute to a wreck. Examples may include:
- Jaywalking or crossing outside a marked crosswalk
- Crossing against a “Don’t Walk” signal
- Stepping into traffic between parked vehicles
- Looking at a phone or wearing headphones while crossing
- Walking while impaired
- Walking on an interstate or another restricted roadway
However, making an error as a pedestrian does not automatically eliminate a driver’s legal responsibility. Jaywalking does not necessarily make the pedestrian completely responsible. A pedestrian who crosses outside a crosswalk could still share fault with a driver who was speeding or distracted.
A pedestrian who shares fault may still recover compensation, though their percentage of fault can reduce the amount they receive.
Why Fault Is Harder to Sort Out in Nighttime Crashes
Nighttime pedestrian crashes can raise additional questions about visibility and how much time the driver had to react. A Louisiana Transportation Research Center/DOTD study found that about three-quarters of pedestrian fatalities from 2009 through 2018 occurred between 6 p.m. and 6 a.m., showing how frequently fatal pedestrian crashes occurred at night.
When determining fault in pedestrian accidents at night, investigators may consider:
- How visible the pedestrian was
- What the pedestrian was wearing
- The amount of street lighting
- Whether the pedestrian used a marked crosswalk
- How fast the driver was traveling
Investigators may view a pedestrian wearing dark clothing and crossing the middle of a poorly lit rural Louisiana road differently from someone struck in a marked New Orleans crosswalk by a speeding or impaired driver.
How Louisiana Comparative Fault Affects What You Can Recover
For wrecks occurring on or after January 1, 2026, Louisiana uses a modified comparative fault rule under La. Civ. Code Art. 2323. This means that an injured pedestrian can recover damages when their share of fault is 50% or less, but their compensation is reduced by their percentage of responsibility. At 51% or more fault, they cannot recover damages.
For example, suppose a pedestrian jaywalks in New Orleans and is hit by a speeding driver. If the pedestrian is found 20% responsible, their recovery would be reduced by 20%.
For wrecks occurring on or after July 1, 2024, Louisiana gives an injured person two years to bring a personal injury claim under La. Civ. Code Art. 3493.1.
How Fault Gets Determined
A police officer who responds to the scene and an insurance claims adjuster may both assess fault. If a lawsuit goes to trial, a jury may ultimately decide how fault should be allocated.
An officer’s report may provide important information about the wreck, but it is not binding on the insurer. A claims adjuster can reach a different conclusion after reviewing the evidence.
Evidence used to determine fault may include:
- Traffic camera or business surveillance footage
- Dashcam video
- Witness statements
- Cell phone records showing possible distraction
- Vehicle event data
- Roadway evidence and skid marks
- Medical records
Because video footage can be erased or overwritten, gathering evidence soon after a pedestrian accident can be important.
Your Rights After Being Hit by a Car in Louisiana
After being hit by a car, get medical care first and report the crash to police. If you can, take pictures or video of the scene and collect contact information from witnesses. Be cautious about giving a recorded statement to the driver’s insurance company before speaking with a lawyer.
An injured pedestrian may be able to pursue compensation for medical bills and future care, lost wages, reduced earning capacity, pain and suffering, and property damage. If a pedestrian dies from their injuries, surviving family members may also be able to seek compensation through a wrongful death claim.
Talk to a Louisiana Pedestrian Accident Lawyer About Your Case
Dudley DeBosier’s experienced pedestrian accident lawyers serve clients and communities across Louisiana. We can review what happened, explain how fault may affect your claim, and discuss your legal options. You pay us nothing — no fees, costs, or expenses — unless we get you money.
Contact us today for a free consultation.
