New Orleans is built for walking, but the presence of cars inevitably makes the city dangerous for pedestrians. Louisiana has one of the highest pedestrian death rates in the country, close to double the national average, according to the Governors Highway Safety Association. Orleans Parish crash data shows more fatal crashes here than in any other parish in the state.
When a driver hits someone on foot, the person on foot pays the price. There is no airbag or steel frame to absorb the impact, so a pedestrian struck at 30 miles per hour can suffer catastrophic injuries or die. If a driver hit you or someone you love while you were walking in New Orleans, you have the right to hold that driver accountable.
Hit by a car while walking? Call Smiley Injury Law at (504) 822-2222 or request a free pedestrian accident consultation. When you call, you talk to an attorney.
You make more than we do. Smiley Injury Law takes a smaller percentage than the industry standard, so the person who got hurt walks away with the bigger check. No fee unless we win.
What Causes Pedestrian Accidents in New Orleans?
Essentially, most pedestrian crashes come down to a driver who was not paying attention or not following the law. A few local conditions make them more common:
- Drunk driving near Bourbon Street, where heavy drinking meets narrow streets and crowds on foot
- Distracted drivers looking at a phone or GPS instead of the crosswalk
- Short walk signals and faded crosswalk paint at busy intersections
- Broken or missing sidewalks that push people into the street
- Visiting drivers who do not know local traffic patterns
- Drivers who fail to yield to people already in the crosswalk
Who is Liable When a Car Hits a Pedestrian in Louisiana?
In short, the driver is usually at fault. Louisiana law puts a high duty of care on drivers to watch for and yield to people on foot. Under state crosswalk law (La. R.S. 32:212 through 32:214), drivers must yield to pedestrians in marked crosswalks and at intersections. A driver who speeds or looks down at a phone breaks that duty.
But Louisiana recently changed how fault works, and the change matters for your case.
How Does Louisiana’s Comparative Fault Rule Affect Pedestrians?
For decades, Louisiana used pure comparative fault. An injured person could recover money no matter how much of the blame they carried, reduced by their share. That is no longer true for recent accidents.
As of January 1, 2026, Louisiana uses a modified comparative fault rule. If a court finds you 51% or more at fault, you recover nothing. If you are 50% or less at fault, you still recover, reduced by your percentage. The change came from Act 15 (House Bill 431), which amended Louisiana Civil Code Article 2323.
| Rule | Accidents before Jan. 1, 2026 | Accidents on or after Jan. 1, 2026 |
| Fault rule | Pure comparative fault | Modified comparative fault (51% bar) |
| If you share some fault | You recover, reduced by your share | You recover only if you are 50% or less at fault |
| If you are 51% or more at fault | You still recover a reduced amount | You recover nothing |
Here is why this matters for pedestrians. Insurance companies now have a reason to pin as much blame on you as possible. If they push your share of fault past 50%, they owe you nothing. Expect an adjuster to argue you were jaywalking or stepping out from between parked cars. A pedestrian accident lawyer keeps that blame where it belongs, on the driver.
Where Do Most Pedestrian Accidents Happen in New Orleans?
Certain streets and intersections see the most conflict between cars and people on foot:
- The French Quarter, where narrow streets and steady crowds create close calls day and night (see our page on French Quarter pedestrian accidents)
- Canal Street at Carondelet, where traffic meets streetcar stops and shoppers
- Bourbon and Frenchmen Streets, where nightlife and alcohol put walkers at risk after dark
- The St. Charles Avenue streetcar line, where riders cross the neutral ground into traffic
- The CBD, where office workers and hotel guests fill the crosswalks
What Injuries Do Pedestrian Accidents Cause?
A person on foot has nothing between them and a vehicle. Even a low-speed crash can cause serious harm. Common pedestrian injuries include:
- Traumatic brain injuries and concussions
- Spinal cord injuries and paralysis
- Broken bones, especially in the legs, hips, and pelvis
- Internal bleeding and organ damage
- Road rash, deep lacerations, and amputations
These injuries often mean surgery and a long recovery. Some never fully heal, which is why pedestrian claims can carry real weight.
What Compensation Can You Recover?
Put simply, you can seek money for what the crash cost you and what it will cost you going forward. A claim can include:
- Current and future medical bills
- Lost wages and lost earning capacity
- Pain and suffering
- Physical therapy and rehabilitation
- Disability and disfigurement
The value of a case depends on the severity of your injuries, the cost of your care, how the crash affects your future, and how fault is divided. No honest lawyer can promise a dollar figure up front. What we can do is build the case so the insurance company takes it seriously.
Most claims follow the same path:
Crash → police report → medical treatment → insurance claim → settlement or lawsuit
A case can settle once your treatment and damages are clear. If the insurer will not pay fairly, the next step is filing suit before your deadline runs.
What Should You Do After Being Hit by a Car in New Orleans?
If you are able, take these steps to protect your health and your claim:
- Call 911 so police and paramedics respond. Louisiana law requires reporting a crash that causes injury.
- Get the police report. The New Orleans Police Department handles accident reports at 715 S. Broad Avenue.
- See a doctor right away. Some injuries, like brain trauma, do not show up immediately, and a medical record ties your injuries to the crash.
- Photograph the scene and collect the driver’s insurance details and the names of any witnesses.
- Do not give a recorded statement to the insurer before you talk to a lawyer.
Frequently Asked Questions
Can more than one party be at fault for a pedestrian crash?
Yes. Louisiana divides fault by percentage, so the blame can fall on several parties at once. Besides the driver, that might include an employer if the driver was working, a bar that overserved an impaired driver, or a government body responsible for a broken signal or a dark, poorly marked crosswalk. Each party pays its share, so identifying everyone involved can raise what you recover.
What if I was jaywalking when I was hit?
You may still recover. Even if you crossed outside a crosswalk, the driver still had a duty to avoid hitting you. Under Louisiana’s rule for accidents on or after January 1, 2026, you can recover as long as you are 50% or less at fault. Jaywalking can raise your share of fault, so this is exactly when a lawyer matters most.
How much is a pedestrian accident case worth?
It depends. The value comes from your medical costs, your lost income, the seriousness and permanence of your injuries, and how much fault falls on the driver. Severe pedestrian injuries can lead to large claims because the harm is often lasting. A lawyer can review the facts and give you a realistic picture.
What if the driver fled the scene?
Hit-and-run crashes are common, and you still have options. Report it to the NOPD right away. Your own uninsured motorist coverage, or a household member’s policy, may pay for your injuries even when the driver is never found. Cameras and witnesses can also help identify the driver.
How long do I have to file a pedestrian injury lawsuit in Louisiana?
For accidents on or after July 1, 2024, you have two years from the date of the crash to file (Louisiana Civil Code Article 3493.11). Accidents before that date fall under the old one-year deadline. This is a hard cutoff. Miss it, and you lose the right to recover. Evidence also fades fast, so it is best to act quickly.
Talk to a New Orleans Pedestrian Accident Lawyer
Smiley Injury Law is a two-attorney firm in the CBD, at 201 St. Charles Avenue in the walkable core of downtown. Seth Smiley was in a serious car accident as a child, and he built this firm to stand with injured people against big insurance companies. Licensed in Louisiana since 2009, he and his team have recovered tens of millions of dollars for accident victims. When you call, you talk to an attorney.
You make more than we do. We take a smaller percentage than the industry standard, so you keep the bigger share of your recovery. No fee unless we win.
Call (504) 822-2222 or request a free pedestrian accident consultation today. If you also need help with the vehicle side of your claim, our Louisiana car accident attorneys handle those cases too.