Pedestrian accidents can be the result of a number of different incidents stemming from driver negligence and pedestrian negligence alike. Drivers are not automatically at fault just because they can move faster and are more protected. With this in mind, you’re likely wondering: How is fault determined in a Louisiana pedestrian accident? A pedestrian accident lawyer can help you answer this question and secure fair compensation based on the answer.
How Is Fault Determined in a Louisiana Pedestrian Accident?
Determining fault in a Louisiana pedestrian accident involves establishing clear legal grounds for a case. Claimants typically file on the grounds of negligence or intentional misconduct.
More than one party can be at fault in a pedestrian accident. This is why it’s important to have comprehensive evidence to support your claim and recover the full scope of what you’re owed.
As of 2026, Louisiana is a modified comparative fault state. This means that anyone found responsible for an accident can be held liable for the damages. Injured parties can still proceed with a personal injury claim even if they’re partially at fault for the accident as long as they are not the majority party at fault.
Recoverable Damages in Louisiana Personal Injury Claims
Personal injury cases can leave injured parties facing serious losses. In 2024, it’s estimated that injuries resulted in 450,000 emergency department visits and 22,000 hospitalizations across Louisiana.
Pedestrian accidents specifically can result in catastrophic or even fatal injuries. In 2024 alone, pedestrians accounted for 161 of the 753 fatalities recorded on Louisiana roadways.
In order to offset losses from pedestrian accidents, claimants can file to recover economic and non-economic damages, including:
- Disability
- Loss of quality of life
- Lost wages and future earnings
- Medical bills and related expenses
- Other out-of-pocket costs
- Pain and suffering
- Permanent scarring and disfigurement
- Property damages
Under most circumstances, damages are not capped in personal injury cases unless you’re filing against specific classes, including government employees and healthcare workers.
Hire a Pedestrian Accident Lawyer to Represent You Throughout the Claims Process in Louisiana
Louisiana’s pedestrian accident laws are fairly straightforward, but it can still be difficult to prove the scope of your injuries and determine fault after a crash. It’s recommended that you hire a pedestrian accident lawyer to represent you and help you secure fair compensation for your losses.
A Louisiana pedestrian accident attorney from Ron Austin Law can help you understand your recovery options and rights throughout the claims process. They can also help you through the claims process by negotiating with insurance adjusters and handling litigation through the 2nd Parish Court or 24th Judicial District Court.
Since 1995, our local personal injury attorneys have been representing Louisianans through complex claims, helping to make individuals and families whole again after serious accidents. We’ve successfully recovered more than $1 billion for our clients over the years through our work in and out of the courtroom.*
If you’re ready to discuss your case in more detail, reach out to the office to schedule a consultation with a trusted attorney today. We’re located on the West Bank of the Mississippi River to serve our clients throughout southeast Louisiana.
*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.
