Traffic accidents are dangerous enough when motor vehicles alone are involved. Incidents involving more vulnerable parties like pedestrians can be even more treacherous. If you’re involved in a pedestrian accident due to another party’s negligence or intentional misconduct on the road, there are steps you can take to recover compensation for your losses. Filing a claim can be an overwhelming process, which is where a New Orleans pedestrian accident lawyer can help.
Let our team assist you with your personal injury claim
Ron Austin Law has been navigating injury claims in Louisiana and beyond for over 30 years. From negotiating with insurance adjusters to navigating cases in the courtroom, our New Orleans personal injury attorneys know what to expect throughout pedestrian accident cases in Orleans Parish. Our team brings nearly nine decades of combined personal injury law experience to the table in and out of the courtroom.
Our New Orleans personal injury lawyers are familiar with Louisiana insurance companies and know how to communicate with difficult adjusters. We’re also comfortable settling claims through the Orleans Parish Civil District Court and First and Second City Courts if litigation is the only way forward.
Our team understands how much you stand to lose when you’re injured in a pedestrian accident. We look beyond your initial losses to secure a fair settlement.
Pedestrian accidents can happen anywhere, including rural roads, surface streets, and even interstates and highways. Louisiana isn’t known for having the safest infrastructure for pedestrians. In fact, it was found to have the highest pedestrian fatality rate in the South, averaging 170 deaths annually.
I-10 and US-90 are both known for being hot spots for traffic accidents in and around Orleans Parish. For pedestrians specifically, high-risk corridors and streets include:
Walking and biking are becoming more and more popular modes of transportation in recent years. Modern urban planners are beginning to take this into account when building new infrastructure and planning roads and intersections. Over time, roadways and surrounding areas are likely going to be safer and safer for those traveling by foot.
Unfortunately, many areas remain unsafe for pedestrians, even at marked crosswalks. In 2024, Louisiana recorded a total of 1,235 injury crashes and 159 fatal crashes involving pedestrians.
There were 28 pedestrian fatalities recorded in Orleans Parish alone that year. Any number of things can cause a pedestrian accident. It’s important to understand what leads to a crash in order to recover fair damages for your losses. A New Orleans pedestrian accident attorney can help.
Orleans Parish, and New Orleans specifically, is a major tourist destination. Between residents and temporary visitors, the region experiences a lot of foot traffic on and near the many miles of roadways.
There are a number of factors that can increase the likelihood and severity of a pedestrian accident on Louisiana roads. Common causes of pedestrian accident claims include:
It’s important to remember that more than one party can be at fault in a pedestrian accident. Under Louisiana’s modified comparative fault laws, settlements can be reduced by any percentage of fault.
It’s important to establish clear fault through one of the valid legal grounds recognized in Louisiana. For incidents like pedestrian accidents, common grounds include negligence and intentional misconduct.
By establishing fault and clearing your name, you can recover the full scope of damages that you’re owed. A New Orleans personal injury lawyer can work with you to gather the evidence you need to support your claim.
We’re familiar with Louisiana personal injury laws and how to apply them to a number of unique situations. From negotiations with insurers to litigation in the courtroom, we’re confident we can help you secure a fair settlement.
Louisiana personal injury laws protect injured parties in any type of incident, including pedestrian accidents. Injured parties can file a personal injury claim to recover economic and non-economic damages related to an accident. This covers direct costs and more abstract losses like general pain and suffering.
Recoverable damages in pedestrian accident cases can include:
In many cases, these damages are not limited, allowing claimants to recover damages based solely on the scope of their losses and the strength of their claim. However, non-economic damages are capped when filing against government employees or entities. You can expect to recover the full scope of economic damages based on your losses and up to $500,000 in non-economic damages.
You’re not guaranteed fair compensation just because you file a claim after an accident. A New Orleans pedestrian accident attorney can evaluate your case, show you how much you’re truly owed, and help you secure fair compensation.
Every Louisiana driver is required to carry minimum liability auto insurance, which covers injuries and other damages in the event of an accident. Louisiana insurance companies are also required to offer uninsured/underinsured (UM/UIM) coverage.
UM/UIM coverage is helpful in situations where the at-fault driver lacks the proper coverage or insurance altogether. It can also be your means of compensation in the case of a hit-and-run.
When you report an accident to your insurance provider, it’s recommended that you be vague when it comes to damages. In these cases where your own policy covers your losses, you can expect your insurer to use every bit of information at their disposal to calculate the minimum settlement value they can offer. The more evidence you have on your side, the better chance you have at securing a fair settlement.
You can file a claim and recover damages in a pedestrian accident even if you don’t have insurance yourself. Louisiana’s no pay, no play laws apply to owners and operators of vehicles, not people walking on or near the road. Drivers in Louisiana who are caught without insurance can face legal penalties as well as limits on recovery in traffic accident claims.
A lot can happen on the road in Louisiana. If you’re injured on the road in New Orleans or the surrounding areas, it’s recommended that you contact a local personal injury lawyer who has experience navigating cases like yours.
Orleans Parish is home to approximately 362,700 people, including around 203,789 licensed drivers. In addition to residential drivers, there are countless visitors traveling through the state at any given moment.
It’s imperative that you know what steps to take to protect yourself and recover the compensation you’re rightfully owed if you’re injured as a driver, passenger, or pedestrian. A local personal injury law firm like Ron Austin Law can help you understand your rights and options for recovery after a pedestrian accident.
Our team of skilled attorneys has been seeking justice for injured individuals and their families since 1995, securing more than $1 billion for our clients over the years.* Our experience spans multiple districts and states, making us a valuable asset to have on your team throughout the pedestrian accident claims process.
Our firm is led by Ron Austin, who is the Bellwether Co-Chair of the Plaintiff Steering Committee and an AV Preeminent® peer-rated attorney through Martindale.** Together, our team brings over 88 years of combined experience to the table that we’re ready to put to work for you.
Unfortunately, some pedestrian accidents result in fatal injuries. If you lose a loved one due to the negligence or intentional actions of a driver, you may have grounds to pursue legal action.
This can help you recover damages on behalf of your losses and on behalf of the victim’s losses before their death. Opening a wrongful death case typically involves filing a wrongful death claim and a survival action.
While these actions can typically be taken together, they do technically have different statutes of limitations from one another. A New Orleans pedestrian accident lawyer can help you understand your recovery options based on the facts of the case. Recoverable damages in wrongful death cases can include:
No amount of money can bring back a lost loved one, but you can still hold the appropriate parties accountable and be compensated for your losses. A New Orleans pedestrian accident lawyer from Ron Austin Law can help.
No, Louisiana is not a no-fault state for pedestrian accidents. It is considered to be an at-fault accident state. More specifically, Louisiana follows a modified comparative fault law. Anyone found at fault in a pedestrian accident can be held liable for the damages.
Injured parties can still recover damages if they’re at fault, but only if they’re not the majority party at fault. A New Orleans pedestrian accident attorney can help you establish fault and secure fair compensation.
A pedestrian typically has the right-of-way in New Orleans when they are on marked crosswalks as well as some unmarked crosswalks when obeying traffic signs and signals. Pedestrians don’t automatically have the right-of-way.
This is important to understand when determining fault in an accident. It’s recommended that you hire a pedestrian accident lawyer to prove the facts of the case and help you secure fair compensation for your losses.
How to prove fault in a pedestrian accident in New Orleans can depend on the nature of the accident and the evidence available. You must establish fault by proving negligence or intentional misconduct.
There is a lot of information that can support your claim after an accident, including:
How long it takes to settle a New Orleans pedestrian accident case largely depends on whether it settles out of court or through litigation. Negotiating with the at-fault party and their insurance provider is typically the quickest way to secure compensation.
That said, negotiations can take time. Litigation is usually more time-consuming because it’s a more formal legal process. It’s recommended that you hire a pedestrian accident lawyer to represent you in and out of the courtroom.
In the wake of a traffic accident, it’s more important than ever that you stay calm and level-headed. You technically have time to file a claim, but it’s recommended that you get started as soon as possible to secure fair compensation. A New Orleans personal injury lawyer can keep you on the right track throughout the claims process, so you can focus on the big picture of your recovery.
Come see us at our office to set up an initial consultation and start the journey to recovery today. We’re conveniently located right off US-90 to serve our clients throughout southeast Louisiana. You can find us on the West Bank of the Mississippi River when you’re ready to get started.
*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.
**Awards and recognition are not guarantees of future results. Selection criteria vary by organization.
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