From the crowded sidewalks of Canal Street to neighborhood crosswalks in Metairie, Kenner, and Chalmette, pedestrians in Southeast Louisiana face constant risks. New Orleans is a walkable city with heavy foot traffic near the French Quarter, Central Business District, and major intersections, but it also ranks among the more dangerous cities for pedestrians. A distracted or reckless driver can cause catastrophic harm in a matter of seconds.
At the Gertler Law Firm, we help injured pedestrians and their families throughout Orleans Parish, Jefferson Parish, St. Bernard Parish, and Plaquemines Parish. For nearly five decades, we’ve represented vulnerable road users who suffer devastating injuries because drivers failed to act responsibly.
Why Pedestrian Accidents Are So Serious
Unlike drivers or passengers in vehicles, pedestrians have no protection against the impact of a collision. Even at relatively low speeds, pedestrian crashes often result in:
- Traumatic brain injuries
- Spinal cord damage or paralysis
- Multiple fractures and orthopedic trauma
- Internal injuries and organ damage
- Fatalities leading to wrongful death claims
The aftermath often includes emergency surgeries, lengthy hospital stays, and long-term rehabilitation. You and your family can be left facing overwhelming medical bills and financial uncertainty.
Common Causes of Pedestrian Accidents in New Orleans
While some crashes result from poor lighting or lack of crosswalks, many stem directly from driver negligence. Our attorneys handle pedestrian accident cases caused by:
- Distracted Driving: Drivers using cell phones or in-car devices may fail to notice people crossing the street. (Louisiana’s new hands-free law bans most handheld phone use while driving, with full penalties beginning Jan. 1, 2026.
La Illuminator) - Failure to Yield: Motorists often ignore pedestrian right-of-way at intersections and crosswalks. (La. R.S. 32:212; 32:232).
- Speeding: Higher speeds on major corridors like Claiborne Avenue and St. Charles Avenue increase both crash likelihood and severity.
- Impaired Driving: Alcohol and drug use contribute to many late-night pedestrian collisions.
- Unsafe Turns: Drivers making left turns across crosswalks are a common cause of urban pedestrian crashes. We investigate every case thoroughly to establish liability and hold negligent drivers accountable.
Louisiana Law and Pedestrian Accident Claims
Understanding Louisiana law is critical for protecting your rights after a pedestrian crash:
- Right of Way Rules: Drivers must stop and yield to pedestrians in crosswalks when signals aren’t operating; pedestrians must obey “WALK/DON’T WALK” signals, and shouldn’t suddenly step into traffic. (La. R.S. 32:212; 32:233).
- Crossing Outside a Crosswalk: If you crossed mid-block or against a signal, you may share fault, but you can still make a claim. (La. R.S. 32:213; 32:214).
- Two-Year Deadline for Most Auto Injury Suits: For crashes on or after July 1, 2024, Louisiana extended the prescriptive period for most motor vehicle injury cases to two years. (Act 423, 2024).
- Comparative Fault Is Changing: Louisiana is moving from “pure” comparative fault to a 51% bar for accidents occurring on or after Jan. 1, 2026 (you can recover unless you’re more than 50% at fault). Know which rule applies to your date of loss. (HB 431 / Act 15, 2024).
Talbot, Carmouche & Marcello - Wrongful Death & Survival Actions: Families have specific rights and strict timelines. Wrongful death beneficiaries follow a set order (spouse/children first, then parents, siblings, grandparents). Survival claims now survive one year from death or two years from injury; whichever is longer. (La. Civ. Code arts. 2315.2 & 2315.1).
- UM/UIM Coverage Can Help: If the driver was uninsured or underinsured, your own uninsured/underinsured motorist coverage may pay unless you rejected it in writing on the Commissioner’s form. (La. R.S. 22:1295).
Bottom line: Even if you were outside a crosswalk or share some fault, don’t assume you’re barred from recovery. Louisiana law still often allows you to pursue compensation.
How We Handle Pedestrian Accident Cases
Our attorneys take a comprehensive approach, which includes:
- Collecting police reports, witness statements, and surveillance or traffic camera footage
- Working with accident reconstruction specialists to demonstrate driver negligence
- Consulting with medical experts to prove the full extent of your injuries
- Calculating damages that account for long-term needs (rehab, lost income/earning capacity, future medical care)
- Preparing cases for trial so insurers take your claim seriously
You focus on healing, we’ll handle the investigation, insurers, and litigation strategy.
What You Can Recover
Every case is unique, but we commonly pursue compensation for:
- Emergency care, hospitalization, surgery, and future medical needs
- Lost wages and diminished earning capacity
- Rehabilitation, home/vehicle modifications, and life care costs
- Pain and suffering, mental anguish, loss of enjoyment of life
- Property damage (phone, glasses, clothing, etc.)
- Exemplary (punitive) damages in limited DUI cases under La. Civ. Code art. 2315.4.
What To Do After a Pedestrian Crash (Step by Step)
- Call 911 and seek medical care even if injuries seem “minor.”
- Document the scene: photos of vehicles, crosswalks, signals, skid marks, and lighting.
- Get witness info and the driver’s insurance details.
- Order the crash report: In New Orleans, you can request through the City’s public records portal or obtain reports via BuyCrash/LexisNexis; in-person requests are available at NOPD’s Records & Identification (715 S. Broad). Reports often take up to 14–21 business days to post.
- Do not give a recorded statement to the adverse insurer before you speak with a lawyer.
- Call us, we’ll preserve evidence and protect your claim timeline.
Standing Up for Vulnerable Road Users
For more than 50 years, the Gertler Law Firm has fought to protect the rights of people with the least protection on the road, pedestrians, bicyclists, and motorcyclists. We understand the devastating toll these accidents take and are committed to making sure your voice is heard. We represent clients across New Orleans, Metairie, Kenner, Gretna, Marrero, Avondale, Chalmette, Belle Chasse, and St. Rose, bringing both local knowledge and proven litigation strength to every case.
Pedestrian Accidents
New Orleans Pedestrian Accident Attorneys: Legal Help For Injuries After Being Hit By A Car, Bus, Truck, Or Streetcar
New Orleans is almost uniquely designed for pedestrian traffic. Our entertainment districts draw tourists on foot by the thousands, and the city’s colleges make it simple for their students to hop on and off streetcars rather than brave the traffic hassles of driving.
Our climate, size, and layout make it easy to get around without a vehicle, and while most of us welcome the simplicity that allows, there are risks in any environment where people, cars, buses, streetcars, and other hazards come together.
Pedestrians face particular risks because, unlike drivers, they have no structure protecting them, and unlike cyclists, they tend not to wear helmets or other protective gear.
A pedestrian struck by a car may face a long recovery from a constellation of injuries, including head trauma, broken bones, internal injuries, soft tissue injuries, and the damage may never completely heal.
You or your loved ones may be left wondering how to pay for expensive hospital treatments and even specialists.
Health insurance companies do their best to minimize what they have to pay, which can leave you with huge out-of-pocket costs for an ambulance ride, emergency room treatment, and even surgeries.
What Can I Recover For My Injuries After Being Hit By A Car, Bus or Streetcar?
When you’ve been hit by a vehicle or in any kind of pedestrian accident, you are entitled to collect compensation to pay for the bills related to the accident, as well as expenses you may accrue in the future. Those include:
- Medical bills
- Lost wages
- Property damage
- Future healthcare costs
- Pain and suffering
- Other injuries or losses from the accident.
The potential for future medical costs is particularly important if you’ve sustained a head or spinal cord injury or soft tissue damage.
The long-term effect of these kinds of injuries can be significant, and symptoms of chronic pain or neurological issues like altered personality or mood may not be immediately apparent.
It’s very easy to write off problems like difficulty concentrating, blurred vision, or heightened anxiety as the byproduct of stress from dealing with the accident, when in truth, those should be investigated by your doctor to determine whether they’re related to physical trauma.
At The Gertler Law Firm, we have been helping people in New Orleans recover from injuries they’ve sustained in the normal course of living their lives for more than 35 years.
In that time, we’ve recovered more than $100 million in damages for our clients by vigorously and zealously advocating for them.
We are a contingency fee practice, which means that if we don’t win your case, you pay us nothing. You can rest assured that your call to us is always free, and that when we take a case, it’s because we really believe we can win it for you.
Additional Louisiana Rules Pedestrians & Drivers Should Know
- Pedestrian signals control when you should start/finish crossing (“WALK/ DON’T WALK”). (La. R.S. 32:233).
- Drivers must exercise due care to avoid hitting pedestrians and use the horn when necessary, especially around children or confused/incapacitated people. (La. R.S. 32:214).
- Sidewalk rule: Use sidewalks where available; if none, walk facing traffic. (La. R.S. 32:216).
- “No Pay, No Play” generally limits uninsured vehicle owners/drivers from recovering the first portion of damages; it does not apply to someone who was a pedestrian and not operating a vehicle. (La. R.S. 32:866).
FAQs (Quick Answers)
Do I have a case if I wasn’t in a crosswalk?
Often, yes. Crossing outside a crosswalk can reduce your recovery based on fault allocation, but it usually doesn’t bar your claim, especially if a driver was speeding, distracted, or failed to use due care. (La. R.S. 32:213; 32:214).
How long do I have to file?
For pedestrian crashes that are motor vehicle accidents on or after July 1, 2024, you generally have two years to file. Different deadlines can apply to wrongful death (often one year) and certain claims against public entities. Don’t wait. (Act 423, 2024).
What if the driver has little or no insurance?
Your UM/UIM policy can step in unless you rejected it in writing on the Commissioner’s form. We’ll identify all available coverage and defendants. (La. R.S. 22:1295).
Can I get punitive damages?
Louisiana allows exemplary (punitive) damages in limited cases where injuries are caused by an intoxicated driver. (La. Civ. Code art. 2315.4). Louisiana Legislature
Are hands-free rules relevant to my case?
Yes. Louisiana’s hands-free law bans most handheld device use while driving (effective Aug. 1, 2025, with fines starting Jan. 1, 2026). Evidence of illegal device use can support liability.
How do I get my New Orleans police report?
Request via the City’s public records portal or NOPD Records & Identification (715 S. Broad, 1st Floor), or search via BuyCrash/LexisNexis. Reports often take 14–21 business days to become available. We can obtain it for you.