Reviewed and Verified by Attorney Allan Berger — Licensed in Louisiana since 1974.
A person on foot has no protection when a car fails to stop. In a city like New Orleans, where tourists, commuters, and residents share busy streets and crosswalks, a single distracted driver can cause life-changing harm. Victims often face head trauma, broken bones, and weeks of lost income while the at-fault driver’s insurer looks for reasons to pay less.
As a New Orleans pedestrian accident lawyer, Allan Berger & Associates, P.L.C. has represented people struck on foot across southeast Louisiana for nearly 50 years. We handle the investigation and the insurance fight so you can recover.
If you need immediate help with a claim, contact Allan Berger & Associates, P.L.C. at 504-526-2222 for a free case review.
Your New Orleans pedestrian accident claim at a glance
|
Your question |
What Louisiana law says |
| How long do I have to file? | Two years from the crash for injuries on or after July 1, 2024, under Louisiana’s two-year filing deadline. Earlier injuries have one year. |
| Can I recover if I was partly at fault? | Yes, if you are less than 51% at fault. Louisiana uses a modified comparative-fault rule with a 51% bar, effective January 1, 2026. |
| Must drivers yield to pedestrians? | Yes. Drivers must yield to people in marked and most unmarked crosswalks. A driver who hits a pedestrian is often at fault. |
| What does a lawyer cost up front? | Nothing. We work on a contingency fee, so you pay only if we recover money for you. |
| What can I recover? | Medical bills, lost wages, future care, pain, suffering, and wrongful-death damages for a family. |
Common causes of pedestrian accidents in New Orleans
Almost every pedestrian crash traces back to a driver who was not paying attention. Many happen when a driver is texting or looking at a phone instead of the road, or when a car fails to yield at a crosswalk or intersection. Drivers turning right or left into a person who is legally crossing cause a large share of these collisions, and speeding through residential and tourist-heavy areas makes the impact far worse.
Impaired driving raises the danger after dark, and the city’s own conditions play a role too. Poor lighting, faded crosswalk markings, and vehicles backing out of driveways or parking spots all put people on foot at risk. When a driver’s carelessness caused your injuries, that driver and their insurer owe you compensation.
Injuries our pedestrian accident attorneys see most often
With nothing between the body and a vehicle, pedestrian injuries tend to be severe. Traumatic brain injuries and concussions are common, as are spinal cord damage and the paralysis that can follow. Many victims suffer broken legs, hips, pelvises, and arms, along with internal bleeding and organ damage that may not be obvious at the scene.
Deep cuts, road rash, and permanent scarring add to the toll, and the most serious crashes can be fatal, giving rise to a wrongful-death claim for the family. These injuries often require surgery, rehabilitation, and long stretches away from work. We build your claim around the full long-term cost, not the first few bills alone.
Liability and the myth that jaywalking ends your claim
Many injured pedestrians assume they have no case because they were not in a crosswalk. That is rarely the whole story. Drivers have a duty to watch for people on foot and to keep their vehicle under control, even when a pedestrian crosses mid-block.
Louisiana now follows a modified comparative-fault rule. If you are found less than 51% responsible, you still recover, with your award reduced by your share of fault. Insurers will try to shift blame onto the pedestrian to cut what they pay, so it is important to document exactly how the crash happened. Traffic-camera footage, witness statements, and the police report all help establish what the driver did wrong.
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Pedestrian Accident Lawyer
How a New Orleans pedestrian accident lawyer can help
After a serious crash you should be focused on healing, not fighting an insurance company. A pedestrian accident attorney in New Orleans takes that fight off your plate. We begin by gathering the evidence that proves fault, including the police report, statements from witnesses, photographs of the scene, and any footage from traffic signals or nearby businesses. Where the cause is disputed, we work with reconstruction experts who can show exactly how and where the driver struck you.
We then handle all contact with the insurer so nothing you say is twisted into a reason to pay less. We document the full extent of your injuries with your medical providers and bring in experts to value future care and lost earnings when the harm is lasting. From there your New Orleans pedestrian injury lawyer negotiates for a full settlement, and if the insurer will not be fair, we are prepared to file suit and take your case to trial. You focus on recovery while we manage the deadlines, paperwork, and pressure.
Compensation a pedestrian accident victim can recover
Louisiana law allows both economic and non-economic damages. Economic damages cover the measurable costs, including emergency care, surgery, hospital stays, rehabilitation, and the future treatment a serious injury requires. They also include the wages you lose while you cannot work and any long-term reduction in your earning ability.
Non-economic damages compensate for the personal toll of the crash, such as physical pain, emotional distress, scarring, disfigurement, and the loss of activities you once enjoyed. When a pedestrian is killed, the family can bring a wrongful-death claim for funeral expenses and the loss of the support, income, and companionship their loved one provided. We make sure every category that fits your situation is fully accounted for.
What to do after a pedestrian accident in New Orleans
The steps you take early protect your health and your claim:
- Call 911 and ask for police and medical help.
- Accept treatment at the scene, even if you feel alright.
- Photograph the vehicle, the crosswalk, traffic signals, and your injuries.
- Collect the driver’s information and names of any witnesses.
- Avoid giving a recorded statement to the driver’s insurer.
- Speak with a New Orleans pedestrian accident lawyer before accepting any offer.
How long you have to file a pedestrian accident claim in Louisiana
Louisiana gives you two years from the date of a crash that happened on or after July 1, 2024 to file a lawsuit. Earlier crashes fall under the old one-year deadline. Once the deadline passes, the court can dismiss your case no matter how clear the driver’s fault was, so it pays to act early.
Frequently asked questions
Do I have a case if I was crossing outside a crosswalk?
Often, yes. Drivers still have a legal duty to watch for and avoid hitting people on foot, even outside a crosswalk. Fault is shared based on the facts of the crash, and you can recover compensation as long as you are found less than 51% responsible.
What if the driver who hit me fled the scene?
You may still have options. Your own uninsured motorist coverage can apply to a hit-and-run, and we work to identify the driver through traffic and business cameras, witness accounts, and vehicle debris. Acting quickly gives us the best chance to preserve that evidence.
The insurance company already called me. What should I say?
Keep it brief and avoid giving a recorded statement until you speak with a lawyer. Adjusters are trained to ask questions that minimize the payout, and an early word taken out of context can hurt your claim. Let us handle the communication for you.
Who pays if a city vehicle or poor road design caused the crash?
A government entity can sometimes be held responsible, but claims against public bodies follow shorter deadlines and stricter notice rules. If a public vehicle or dangerous road condition contributed, contact us right away so we can protect those special filing requirements.
How long will my pedestrian accident case take?
It depends on the severity of your injuries and whether the insurer disputes fault. Some claims resolve in months, while serious cases that head toward trial take longer. We push your case forward steadily and keep you updated at every stage of the process.
How much is my pedestrian accident case worth?
It depends on your injuries, your lost income, the cost of future care, and the lasting effect on your life. No lawyer can promise a figure up front, but we can give you a realistic range after reviewing the details during your free consultation.
Why trust Allan Berger & Associates, P.L.C.?
Founded by Allan Berger in 1975, our firm has spent nearly five decades fighting for injured people and families across Louisiana. Attorney Berger and attorney Andrew J. Geiger have both been named Super Lawyers, and the firm holds the AV Preeminent® rating from Martindale-Hubbell, the highest peer rating for legal skill and ethics. Gambit Weekly and Louisiana Legal Leaders have recognized our work as well.
Insurance carriers know we prepare every case for trial, and that reputation gives our clients an advantage when it comes time to settle. From our office on Canal Street, we treat every pedestrian’s case with the preparation and personal attention it deserves.
You pay nothing unless we win, and your first consultation is always free.
Talk to a New Orleans personal injury lawyer today at 504-526-2222 or send us a message online to schedule your free consultation.