In Louisiana—and across the country—pedestrian accidents are on the rise. According to the Louisiana Highway Safety Commission, 147 pedestrians were killed, and another 1,234 were injured in pedestrian accidents in 2023. According to the National Highway Traffic Safety Administration (NHTSA), Louisiana sees an average of 3.94 pedestrian accident-related deaths per every 100,000 people, making it the third most dangerous state in the nation for pedestrians.

When it comes to these accidents, it’s no surprise that pedestrians are far more likely to suffer severe, life-threatening injuries than the occupants of the vehicles involved. Pedestrians are completely unprotected from the sheer weight and force of a large, heavy vehicle traveling at multiple miles per hour. Because of this, the law often favors pedestrians—but not always.

While motorists have a stricter duty of care when it comes to preventing accidents, pedestrians also have certain responsibilities. Despite the common misconception that pedestrians always have the right-of-way in Louisiana, this is simply not the case.

Louisiana’s Right-of-Way Rules Explained

In many situations, Louisiana law grants the right-of-way to pedestrians. This is because drivers and passengers in motor vehicles have far less risk when it comes to a collision. However, there are certain instances in which pedestrians must legally yield the right-of-way to oncoming traffic.

In Louisiana, pedestrians DO NOT have the right-of-way when:

Attempting to cross a street outside of a marked or unmarked crosswalk (i.e., at an intersection)
Walking along a roadway in a traffic lane where sidewalks are present
Leaving a place of safety, such as a sidewalk, and suddenly entering a roadway when oncoming vehicles do not have reasonable time to yield

Any time a pedestrian is crossing a roadway in a marked crosswalk or at an intersection where there are traffic signals (including stop signs), motorists are required by law to yield the right-of-way. Drivers cannot cut in front of pedestrians who are crossing in a crosswalk, and they cannot go around other motorists who are waiting for pedestrians to cross.

Additionally, the law requires automobile drivers to take every reasonable precaution to avoid accidents with pedestrians. This includes exercising caution at all intersections and crosswalks, avoiding distractions while driving, and never operating a motor vehicle while under the influence of alcohol or drugs.

What Responsibilities Do Pedestrians Have to Prevent Accidents?

While Louisiana law generally aims to protect pedestrians, it also emphasizes shared responsibility when it comes to preventing collisions and other deadly accidents.

Pedestrians should always:

Use crosswalks and sidewalks when available
Walk as far over in the shoulder as possible in the direction of oncoming traffic when sidewalks are not available
Avoid “darting out,” or suddenly entering a roadway where it may be hard for oncoming motorists to see them and/or stop
Make eye contact with drivers before crossing streets, even in crosswalks or when traffic signals are present
Avoid distractions (such as walking and using a cellphone) when walking along or near roadways
Refrain from walking on highways, onramps and offramps, and other high-traffic areas except in emergencies
Make sure they are highly visible to motorists, including wearing bright, reflective clothing at night
Avoid walking on or near roadways when intoxicated

When pedestrians and drivers take the proper precautions, they can help prevent devastating accidents.

What Happens If a Pedestrian Causes a Car Accident?

Under Louisiana’s pure comparative negligence rule, a pedestrian can be found partly liable for a car accident if they acted negligently or wrongfully, and this played a role in the crash.

Here’s how it works:

After an accident, an investigation occurs to determine how the accident occurred
Fault is assigned to each party based on what actions they did or didn’t take
The percentage of fault assigned to each party proportionately affects the amount of compensation they can recover in damages

For example, if a pedestrian suddenly enters a roadway from behind two parked cars, and an oncoming motorist who is driving five miles over the posted speed limit does not have time to stop, leading to a collision, both the pedestrian and the driver may be assigned part of the blame for their respective roles in causing the accident (i.e., darting out and speeding). If the pedestrian suffers $100,000 in damages, but they are found to be 70% at fault, they can only recover up to 30% of that amount, or $30,000. This is because the total amount ($100,000) will be reduced by their percentage of fault (70%).

It goes without saying that the degree of fault assigned to each party involved in the accident is extremely important when it comes to recovering compensation for medical bills, lost income, and other damages, like pain and suffering. Because these accidents tend to be so severe, being found even partly at fault can translate to losing tens of thousands of dollars (or more) in much-needed compensation.

What to Do If You Were Injured in a Pedestrian Accident

If you were involved in a pedestrian accident in New Orleans, Baton Rouge, or anywhere else in Louisiana, it’s crucial that you seek the assistance of a skilled attorney. This is true whether you were the pedestrian or the occupant of a vehicle—if you were injured, you need legal representation.

Insurance companies often try to limit payouts by arguing that injured people were partly (or even fully) at fault. However, this is not always true. If the insurance company is saying you were to blame for the accident, and, therefore, are not entitled to full compensation for your damages, DO NOT take their word for it. Instead, reach out to a personal injury attorney who can thoroughly investigate the accident and build a strong case that advocates for your full, fair recovery.

Even if you believe there are factors that make you appear at fault, you could still be entitled to the compensation you need to get back on your feet. If you were harmed by someone else’s negligence, you deserve to be made whole under the law—without fail.