Pedestrian accidents are often life-changing. In a collision between a person and a vehicle, it’s almost always the pedestrian who suffers the most severe injuries — yet determining who’s at fault isn’t always as simple as it seems.
In Louisiana, fault depends on the specific facts of the accident, including where it happened, what each person was doing, and whether anyone violated traffic laws. At The Burrell Firm LLC, we help victims of pedestrian accidents uncover the truth, hold negligent drivers accountable, and recover the compensation they deserve.
How Fault Is Determined in a Louisiana Pedestrian Accident
Louisiana follows a comparative fault system, which means fault is divided based on each party’s degree of responsibility. Even if a pedestrian is partially at fault, they may still be entitled to compensation — though their recovery will be reduced by their percentage of fault.
For example:
If a pedestrian is found 20% responsible for crossing outside a crosswalk, and their total damages are $100,000, they would still receive $80,000.
This system makes it crucial to understand how fault is established and what evidence is needed to support your claim.
When the Driver Is at Fault
In most cases, the driver bears the majority of responsibility in a pedestrian accident. Motorists have a duty to operate their vehicles safely and watch for people crossing the road.A motorist could be held responsible if they were:
- Speeding or driving recklessly
- Distracted by a phone or device
- Under the influence of alcohol or drugs
- Failing to yield at a crosswalk or intersection
- Running a red light or stop sign
- Not adjusting speed during bad weather or low visibility
When a driver violates these safety laws or acts carelessly, they can be held legally responsible for the pedestrian’s injuries.
When the Pedestrian May Share Fault
While pedestrians have the right to safety, they also have a legal obligation to use caution. A pedestrian may share some fault if they:
- Crossed the street outside of a designated crosswalk
- Ignored traffic signals or “Do Not Walk” signs
- Suddenly entered the roadway without warning
- Were under the influence of alcohol or drugs
- Walked along highways or restricted areas
Even when pedestrians make mistakes, it doesn’t mean they lose their right to compensation. Louisiana law allows for shared fault, meaning both the driver and pedestrian can be partially liable for the same accident.
Other Potentially Liable Parties
Although drivers and pedestrians are the main parties in most cases, other entities can also share fault in certain situations:
- City or State Government: If poor road design, missing signage, or malfunctioning crosswalk lights contributed to the accident.
- Property Owners: If unsafe sidewalks or obstructed views caused by vegetation or structures played a role.
- Vehicle Manufacturers: If a mechanical defect — such as faulty brakes or steering — caused the collision.
At The Burrell Firm LLC, we investigate all possible angles to ensure every negligent party is held accountable.
Common Injuries in Pedestrian Accidents
Because pedestrians are completely exposed, the injuries from these accidents are often severe or even catastrophic. Victims may suffer:
- Traumatic brain injuries (TBI)
- Spinal cord injuries or paralysis
- Broken bones and fractures
- Severe neck and back injuries
- Internal bleeding and organ damage
- Permanent disability or wrongful death
These injuries often lead to long-term medical care, rehabilitation, and emotional trauma — which is why it’s vital to pursue full and fair compensation for your losses.
Proving Fault in a Pedestrian Accident
To establish pedestrian accident fault, you need strong evidence showing how the accident happened and who was negligent. Key pieces of evidence include:
- Police reports and citations
- Surveillance or traffic camera footage
- Eyewitness statements
- Accident reconstruction analysis
- Vehicle damage reports
- Medical documentation of injuries
The attorneys at The Burrell Firm LLC gather and analyze all available evidence to build a powerful case for your recovery.
Compensation Available for Pedestrian Accident Victims
If you’ve been injured in a pedestrian accident, you may be eligible for compensation covering both economic and non-economic damages, such as:
- Medical expenses (emergency care, surgeries, rehabilitation)
- Lost income and future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death damages (for surviving family members)
See how we’ve helped other victims achieve justice by reviewing our case results.
Steps to Take Following a Pedestrian Accident in Louisiana
If you’re struck by a vehicle, what you do next can make a significant difference in your case:
- Call 911 to report the accident and get medical help.
- Exchange information with the driver and witnesses.
- Document the scene — take photos of the location, injuries, and vehicle.
- Seek medical treatment immediately, even for minor pain or discomfort.
- Avoid giving statements to insurance adjusters without legal advice.
- Reach out to a skilled personal injury lawyer to safeguard your legal rights.
Our team at The Burrell Firm LLC can guide you through every step of the legal process and ensure that insurance companies don’t take advantage of your situation.
Why You Need The Burrell Firm LLC on Your Side
Pedestrian accident claims can be complex — and insurance companies often try to shift blame onto the victim. That’s where we come in.
At The Burrell Firm LLC, we:
- Investigate the accident thoroughly
- Identify all liable parties
- Handle negotiations with insurers
- Build a compelling case for maximum compensation
- Take your case to trial if necessary
Our goal is simple: to help you recover physically, emotionally, and financially after a traumatic accident.
Contact The Burrell Firm LLC Today
If you or a loved one has been injured in a pedestrian accident in Louisiana, don’t wait to get help. Contact The Burrell Firm LLC today for a free consultation. Our attorneys will review your case, explain your legal options, and fight tirelessly for the justice you deserve.
Final Thoughts
Determining pedestrian accident fault in Louisiana requires careful investigation and legal experience. Whether you were hit by a negligent driver or partially blamed for an accident, you still have rights under the law.At The Burrell Firm LLC, we’re here to protect those rights — and to help you secure the compensation you need to move forward after a life-altering event.
