Partner at AKD Lawyers
Practice Areas: Personal Injury
A pedestrian accident can happen anywhere, from a quiet residential street to a busy downtown crossing, and it leaves victims shaken and unsure what to do next. Whether you are in New Orleans or anywhere in Louisiana, knowing the right steps after being hit by a car protects both your health and your rights.
This guide walks through each stage, from the moments after the crash to understanding liability and recovery. A New Orleans personal injury lawyer for car accidents can help with a serious case, but the steps below are things you can start on right away.
What Should You Do Right Away?
Your first priority is getting medical care. Even if your injuries seem minor, it’s best to be examined as soon as possible. Concussions, internal injuries, and soft-tissue damage are not always obvious immediately after a crash.
If you can, call 911 so police can respond and prepare an accident report. While waiting for help, take photos of the scene, the vehicle, your injuries, and anything else that may help explain how the crash happened.
Exchange contact and insurance information with the driver, and ask witnesses for their names and phone numbers if they’re willing to help.
Try not to discuss who was at fault. Give the responding officer an accurate account of what happened, but avoid making statements that could be interpreted as accepting blame before the facts are known.
Pedestrian Rights And Fault In Louisiana
Every pedestrian accident is different, so fault depends on the circumstances.
Drivers have a duty to watch for pedestrians, obey traffic signals, and use reasonable care to avoid collisions. Pedestrians also have responsibilities, such as using crosswalks when available, following traffic signals, and paying attention while crossing the road.
Louisiana follows a comparative fault system. If both the driver and the pedestrian contributed to the accident, compensation may be reduced based on each person’s share of responsibility. For crashes on or after January 1, 2026, recovery is generally barred if a person is found to be 51% or more at fault.
How Does Insurance Work?
In most cases, an injured pedestrian files a claim against the driver’s liability insurance. Medical records, bills, photographs, witness statements, and the police report can all help support that claim.
If the driver has no insurance or leaves the scene, your own uninsured or underinsured motorist(UM/UIM) coverage may provide benefits, even though you were walking rather than driving. Reporting the accident promptly is especially important in those situations.
Common Pedestrian Injuries And Recovery
Pedestrians have very little protection in a collision with a vehicle, so injuries are often serious. Broken bones, head injuries, spinal injuries, cuts, bruises, and soft-tissue injuries are all common.
Some conditions, particularly head injuries and internal bleeding, may not cause immediate symptoms. Follow your doctor’s treatment plan and keep copies of your medical records, bills, and receipts throughout your recovery.
What Can Strengthen Your Claim?
Good records often make the claims process smoother. Try to keep:
- The police report.
- Medical records and bills.
- Photos of the scene and your injuries.
- Repair or replacement receipts for damaged personal property.
- Proof of missed work or lost income.
- Emails and letters from the insurance company.
Having these documents in one place makes it easier to respond if the insurer requests additional information.
When Should You Consider Legal Help?
Some pedestrian accident claims are straightforward. Others become more complicated when the fault is disputed, injuries are serious, or the insurance company questions the claim.
If you’re unsure who is responsible, the driver has little or no insurance, or you’re getting nowhere with the claims process, it may be worth speaking with an attorney. A lawyer can review the evidence, explain your options, and deal with the insurance company while you focus on your recovery.
Frequently Asked Questions
What should I do immediately after being hit by a car?
Get medical attention first, even if your injuries seem minor. Then report the accident, document the scene if you can, and exchange information with the driver and any witnesses.
Do pedestrians always have the right of way in Louisiana?
Not always. Drivers must watch for pedestrians, but people on foot must also follow traffic signals and use reasonable care when crossing the street.
Can I still recover compensation if I was partly at fault?
You may be able to. Louisiana uses comparative fault, which means compensation can be reduced if you share responsibility for the accident.
What insurance pays for a pedestrian accident?
Most claims are made against the driver’s liability insurance. If the driver is uninsured or leaves the scene, your own UM/UIM coverage may also provide protection.
How much time do I have to file a claim?
The deadline depends on when the accident happened. For many crashes occurring on or after July 1, 2024, Louisiana law generally allows two years to file a lawsuit, although some exceptions may apply.
Get Your Free Consultation
Talk to a New Orleans Car Accident Lawyer
A pedestrian accident can leave you with medical bills, time away from work, and questions about what happens next. If you need help understanding your options, Alvendia, Kelly & Demarest can review your case and explain the next steps.
Call (504) 200-0000 for a free consultation. There is no fee unless we win. Reach out today.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
