If you were hit by a car while walking in Louisiana, you may have the right to file a lawsuit and recover compensation. Pedestrian accidents often lead to serious injuries, and Louisiana law allows you to hold a negligent driver responsible. Understanding your legal rights can help you move forward after an accident and protect your future.

Your Right to Sue Under Louisiana Law

Louisiana Civil Code Article 2315 provides the legal basis for personal injury claims. It states that a person who causes damage to another through fault is responsible for repairing that damage. In a pedestrian accident case, this usually means proving that the driver acted carelessly or failed to follow traffic laws.

Several pedestrian-specific laws may apply. Louisiana Revised Statutes § 32:212 requires drivers to yield to pedestrians in crosswalks in many situations. Louisiana Revised Statutes § 32:214 also requires drivers to exercise due care to avoid colliding with any pedestrian. These statutes are often central to determining whether a driver is legally at fault.

How Fault Affects Your Case

Louisiana uses a modified comparative fault system under Louisiana Civil Code Article 2323. Louisiana's comparative fault rule underwent a drastic change on January 1, 2026.

For accidents occurring before January 1, 2026, Louisiana followed a pure comparative fault system pursuant to which a plaintiff's recovery was reduced by their percentage of fault. For example, if you were 60% at fault and your damages were $100,000.00, you would still be able to recover 40% ($40,000.00).

For accidents occurring on or after January 1, 2026, Louisiana moved to a modified comparative fault system. Under this system, if a plaintiff is 51% or more at fault, they recover nothing. If a plaintiff is 50% or less at fault, a plaintiff's recovery is reduced by their percentage of fault. This makes it critical to build a strong case showing the driver's negligence.

Common Issues in Pedestrian Accident Cases

Fault in pedestrian accidents often depends on where and how the crash occurred. If you were in a crosswalk or at an intersection, the driver may have had a legal duty to yield. If you crossed outside of a crosswalk, Louisiana Revised Statutes § 32:213 generally requires pedestrians to yield to vehicles.

Even in those situations, a driver may still be at fault. Drivers must remain alert and take reasonable steps to avoid hitting pedestrians. Factors like speed, visibility, traffic signals, and driver distraction are often key in determining liability in Louisiana pedestrian accident cases.

Compensation You May Be Able to Recover

If you were injured, you may be able to recover compensation for medical expenses, lost wages, and pain and suffering. Louisiana Civil Code Article 2315 allows recovery for both economic and non-economic damages caused by another person's fault.

In more serious cases, you may also recover damages for future medical treatment, rehabilitation, or long-term limitations. The value of your claim will depend on how severe your injuries are and how they impact your daily life.

Time Limits for Filing a Claim

Louisiana has a strict deadline for filing personal injury claims. Under Louisiana Civil Code Article 3493.1, you generally have two years from the date of the accident to file a lawsuit. If you miss the deadline, you may lose your right to seek compensation.

Why You Should Speak With a Lawyer

After a pedestrian accident, insurance companies may try to reduce or deny your claim. They may argue that you were at fault or that your injuries are not serious. A lawyer can help investigate the accident, preserve evidence, and protect your rights under Louisiana law.

Working with a lawyer can also help you understand what your case is worth and avoid mistakes that could affect your claim. Acting quickly can make a significant difference in the outcome of your case.

Get Help From a Louisiana Pedestrian Accident Lawyer

If you or a loved one has been injured in Louisiana, you do not have to handle this alone. Attorney Delsa can review your case and explain your legal rights and options. Contact Delsa Law Firm, LLC by calling (985) 882-1222 or contacting us online for a free consultation with Attorney Delsa.