Name: New Orleans Pedestrian Accident Lawyers
Brand: AKD LAW
Rating: 4 (294 reviews)

After a crash, insurers often jump straight to blaming the pedestrian to cut down on the claim. A New Orleans pedestrian injury attorney can step in and challenge those arguments.

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How A New Orleans Pedestrian Accident Attorney Pushes Back Against Blame Tactics

Pedestrians have little protection in a crash, and even low-speed accidents can cause serious injuries. Insurance companies know that and often move quickly to minimize claims or shift blame onto the pedestrian, especially under Louisiana’s 51% comparative fault rule. Issues like crosswalk timing or alleged jaywalking are commonly used to reduce payouts.

Alvendia, Kelly & Demarest handle these cases by focusing on the actual facts of the collision. That includes reviewing traffic signals, right-of-way issues, witness statements, surveillance footage, and scene evidence early in the case. The firm also handles communication directly with insurance companies, so injured clients are not left to deal with adjusters on their own while trying to recover.

Know These Louisiana Law Changes Before You Settle A Pedestrian Claim.

Louisiana recently changed several pedestrian injury laws, and the accident date determines which rules apply.

Act 423 (HB 315): Two-year deadline. Effective July 1, 2024, most injury claims moved from a one-year to a two-year filing deadline under La. Civ. Code art. 3493.11. Older accidents still follow the one-year rule.
Act 275 (HB 337): Direct Action changes. Effective August 1, 2024, most lawsuits name the driver instead of the insurance company. This changes the settlement and litigation strategy.
Act 15 (HB 431): 51% comparative fault rule. Effective January 1, 2026, pedestrians found 51% or more at fault cannot recover compensation. Insurance companies are expected to push jaywalking and crosswalk arguments more aggressively.
Hands-Free Phone Law. Starting August 1, 2025, drivers cannot hold phones while driving. Violations may help establish negligence in pedestrian accident cases.

Deadline check: Before July 1, 2024: one-year deadline. After July 1, 2024: two-year deadline.

What Compensation Can You Recover After A Pedestrian Accident?

Louisiana law allows injured pedestrians to recover both economic and non-economic damages. That includes medical bills, future treatment, lost wages, reduced earning capacity, and other financial losses tied to the accident. You may also recover for the harder-to-measure impact of the injury, including pain, emotional distress, scarring, disability, and loss of enjoyment of life.

Because pedestrians have no real protection against a vehicle, these accidents often lead to serious injuries like brain trauma, spinal injuries, broken bones, internal damage, or permanent scarring. And in most cases, the long-term effects matter just as much as the initial hospital bills.

A case involving lifelong medical care or permanent disability will usually be valued very differently from one involving temporary soft-tissue injuries. The full value of a claim depends on how the injuries affect a person’s health, work, and quality of life over time. If the driver was intoxicated or reckless, exemplary damages under La. Civ. Code art. 2315.4 may be available.

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Pedestrian Accident Cases That Reached A Resolution

$17 Million
Negligence: Settlement After Mediation
$10 Million
Faulty Vehicle Repair: Settlement
$1.2 Million
Inattentive Driving: Jury Verdict
$Multi-million
Car Insurance Claim: Settlement After Mediation

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Helpful Resources For Pedestrian Accident Victims In New Orleans

Basics & procedures

Injuries & compensation

Strategy & law

Meet Your New Orleans Pedestrian Accident Attorneys

When you hire Alvendia, Kelly & Demarest, you work directly with an attorney. Not a call center or rotating case manager. Your case is handled by the lawyers who started it.

Roderick “Rico” Alvendia, Founding Partner

Rico founded the firm in 2003. He has handled New Orleans pedestrian accident cases for over twenty years. Loyola Law graduate. U.S. Army veteran. Deep Orleans Parish courtroom experience in catastrophic injury and collision cases.

Bart Kelly, III, Partner

Bart is a Tulane Law graduate. Former Assistant District Attorney. Over thirty years of trial experience. He has handled complex pedestrian injury cases and secured significant jury verdicts and settlements. That courtroom background shapes his trial strategy when comparative fault is disputed.

Together, Rico and Bart handle serious and catastrophic injury claims across Louisiana pedestrian accident cases. They prepare each claim expecting it may be challenged, negotiated hard by the insurer, or put before a jury. Their focus is plain: build cases that hold up under scrutiny.

What To Expect: Consultation To Resolution

At AKD, we walk you through each step. Most pedestrian cases follow a clear path.

The process usually starts with a consultation, where we review what happened, examine police reports and medical records, and identify any early evidence related to the accident.

From there, we investigate the crash itself. That can include preserving surveillance footage, speaking with witnesses, and documenting important scene details, such as traffic signals, lighting, visibility, and crosswalk markings, before evidence disappears.

Once we understand the injuries and liability issues, we evaluate the case more closely. That includes medical treatment, lost income, future care needs, and how Louisiana’s comparative fault rules may affect the claim.

Most cases then move into settlement negotiations with the insurance company. If a fair resolution is not offered, we file suit and prepare the case for trial.

Throughout the process, you stay updated, and major decisions are always discussed with you first.

Common Mistakes That Can Hurt Your Pedestrian Accident Claim

Small mistakes after a pedestrian accident can seriously affect a claim later. Admitting fault at the scene, delaying medical treatment, skipping a police report, or speaking to the insurance company too early can all be used against you. These cases also depend heavily on early evidence, and surveillance footage from nearby businesses or traffic cameras may be lost within days if it is not preserved promptly.

It is also important to avoid settling too early before the full extent of the injuries is clear. Pedestrian injuries often worsen over time, especially head, neck, and spinal injuries. Social media posts can create problems as well, since insurance adjusters regularly look for anything they can use to challenge the claim or shift blame under Louisiana’s comparative fault rules.

What Affects The Value Of Your Case

The value of a pedestrian accident case usually depends on two things: the severity of the injuries and how clear the fault is. Cases involving surgery, permanent injuries, traumatic brain injuries, or long-term medical care are typically worth more because the financial and personal impact is much greater. Medical bills, lost income, future treatment, and reduced earning ability all factor into the claim.

Fault also plays a major role under Louisiana’s current comparative fault rules. If the insurance company can shift part of the blame onto the pedestrian, compensation may be reduced. For example, a person found to be 20% at fault in a $200,000 claim may recover $160,000. But if a pedestrian is found 51% or more at fault, Louisiana law bars any financial recovery.

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What Clients Say About Working With Akd Law

Being hit by a car left me dealing with injuries and a lot of unanswered questions. Alvendia, Kelly & Demarest helped me understand what was happening and took over the insurance communication so I wasn’t facing it alone. Their steady guidance made a difficult situation easier to manage.

— Angela T., Uptown New Orleans
After my pedestrian accident, I was worried my injuries would be brushed off. The attorneys at Alvendia, Kelly & Demarest paid close attention to the details and made sure my medical situation was clearly documented. I felt heard, supported, and informed throughout the process.

— David L., Lakeview New Orleans
I didn’t know what steps to take after being hit while walking. Alvendia, Kelly & Demarest explained my options clearly and handled the legal side so I could focus on healing. Their approach felt thoughtful and professional from start to finish.

— Renee B., Gentilly New Orleans

New Orleans Pedestrian Accident Statistics

Pedestrians crossing busy city crosswalk

Orleans Parish ranks among Louisiana’s most active areas for pedestrian accidents.

Louisiana context

Louisiana ranks 3rd nationally for pedestrian deaths. From 2018–2022, 791 pedestrian deaths occurred at 3.41 per 100,000 annually (vs. national 2.10). 76% on state roads. (Source: Smart Growth America.)
2024: 161 pedestrians killed in Louisiana, up from 147 in 2023. (Source: LSU CARTS, March 2025.)
New Orleans–Metairie metro: 3.12 annual pedestrian deaths per 100,000. Tied for 21st most dangerous nationally. (Source: Smart Growth America, May 2024.)

NOLA danger zones

South Claiborne at Gravier (I-10 overpass): high volume, limited sightlines.
Canal Street & French Quarter (Bourbon, Royal, Decatur): heavy foot traffic, illegal turns.
South Carrollton: streetcar interactions, signal-timing issues.
St. Claude Avenue: high-speed residential traffic.

Higher crash frequency and tighter intersection density shape how liability gets evaluated in these cases. The Orleans Parish crash dashboard maps this street-level data block by block.

Answers To Common New Orleans Pedestrian Accident Questions

I was struck in a marked crosswalk. Does a pedestrian have the right of way in Louisiana?

Pedestrians generally have the right of way in marked crosswalks with walk signals under La. R.S. 32:212. But pedestrians must obey traffic signals. If you had the walk signal and a driver hit you, liability typically falls on the driver. Cases become more complicated when signals are unclear, malfunctioning, or disputed.

I was hit crossing mid-block. Am I barred from recovery for jaywalking?

No. Crossing outside a crosswalk does not automatically prevent recovery in Louisiana. Under the state’s comparative fault rules, compensation may simply be reduced based on your share of fault. But if a pedestrian is found 51% or more at fault, Louisiana law bars any financial recovery.

A driver hit me on Bourbon Street and drove off. Can I recover in a hit-and-run case?

Call 911 immediately. Report to the New Orleans Police. Seek medical attention, document injuries with photos, and collect witness contacts. In hit-and-run cases, your own uninsured/underinsured motorist (UM/UIM) coverage becomes the primary recovery source. We review all available coverage and help file claims.

What injuries are common in pedestrian accidents?

Pedestrians absorb the full vehicle force. Common injuries include broken bones, traumatic brain injury, spinal cord injury, internal bleeding, and scarring. Even low-speed collisions cause severe injuries. Recovery requires extensive medical treatment and ongoing therapy. Medical documentation is critical to the value of a claim.

How long do I have to file a pedestrian claim in Louisiana?

Depends on when your accident occurred. Incidents on or after July 1, 2024: two years under La. Civ. Code art. 3493.11, Act 423. Before June 30, 2024: one-year deadline. Wrongful death follows its own one-year deadline. Missing your deadline bars recovery. Contact us if within sixty days of any deadline.

Can I recover if partially at fault in Louisiana?

Changed on January 1, 2026. For incidents on or after that date, Louisiana uses a 51% bar under La. Civ. Code art. 2323, Act 15. If 51% or more at fault, you recover nothing. Below 51%, recovery is reduced by the percentage of your fault. Example: old rule, 60% at fault = 40% recovery. New rule, 60% at fault = 0% recovery.

Different notice deadlines for City of New Orleans or DOTD roads?

Yes. Claims against public entities require special notice under La. R.S. 9:5829. Written notice must be sent to the entity within 60 days, not the usual 2-year deadline. Missing the 60-day window bars your claim. If your accident occurred on a publicly maintained road, contact us immediately to provide proper notice.

When should I contact a pedestrian accident lawyer?

As early as possible. The first few days after a pedestrian accident are often critical for preserving surveillance footage, locating witnesses, documenting the scene, and protecting the claim before evidence disappears.