Pedestrian Accidents in Louisiana: Your Rights After Being Hit
When a two-ton vehicle strikes a person on foot, there’s no contest. Even a low-speed impact can break bones, cause a head injury, or worse. If you or a loved one was hit by a car while walking in the Monroe or Ruston area, you’re likely facing painful injuries, mounting bills, and an insurance company that may be quietly trying to blame you. Here’s what you should know about your rights.
Why pedestrian injuries are so severe
A pedestrian has no protection at all — no seatbelt, no airbag, no steel frame. That’s why being struck by a vehicle so often leads to serious, life-changing injuries: fractures, spinal cord damage, traumatic brain injuries, and long, difficult recoveries. Because the harm is usually significant, these claims need to account for far more than the first hospital bill — future care, lost income, and the lasting impact on daily life all matter.
Who’s usually at fault
Drivers have a duty to watch for people on foot and to yield the right of way in crosswalks and at intersections. Many pedestrian crashes come down to a driver who was distracted, speeding, failed to yield, or simply “didn’t see” the person crossing. When a driver breaches that duty and causes injury, they can be held responsible.
That said, fault isn’t automatic in either direction. Louisiana law also expects pedestrians to cross responsibly — using crosswalks where they exist and not stepping suddenly into traffic. The specific facts of where and how the crash happened drive who’s responsible.
Comparative fault cuts both ways
Louisiana uses a comparative fault system, which means responsibility can be split between the driver and the pedestrian. If you’re found partly at fault — say, for crossing outside a crosswalk — your compensation can be reduced by your percentage of blame, but you may still recover. Insurers know this, so in pedestrian cases they often try to shift as much fault as possible onto the injured person. Pushing back on an unfair fault assessment is a big part of protecting these claims.
The insurance company is not on your side
After a pedestrian crash, the driver’s insurer may reach out quickly, sound sympathetic, and offer a fast settlement. That early number is almost never based on the full picture of your injuries. Once you accept and sign a release, you generally can’t go back for more — even if you later need surgery or your recovery stalls. It’s worth understanding what your claim is really worth before you agree to anything.
What to do after being hit
Get emergency medical care, and follow through on every referral. A clear medical record from day one ties your injuries to the crash.
Report the crash so there’s an official record.
Get names and numbers of witnesses — independent accounts are powerful when fault is disputed.
Photograph the scene if you’re able, or ask someone to: the vehicle, the roadway, crosswalks, signals, and your injuries.
Don’t give a recorded statement to the driver’s insurer before you understand your rights.
Keep track of your medical care, missed work, and how the injury affects your daily life.
Mind the deadline
Under Louisiana’s current law, most injury claims must be filed within two years of the crash (for incidents on or after July 1, 2024; a one-year deadline applies to earlier ones). Serious injuries can make that window feel short, so it’s worth getting guidance early.
You don’t have to face this alone
Being hit while simply walking down the street is frightening and unfair, and the last thing you need is an insurance company treating you like the problem. At the Bruscato Law Firm, John Bruscato listens to what you’re going through and stands up for injured pedestrians as people, not case numbers. If you or a loved one was hit by a vehicle near Monroe or Ruston, contact the firm for a free, no-obligation consultation.
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Louisiana laws and deadlines change over time and apply differently to each situation. Consult a licensed Louisiana attorney about the specifics of your case.