Louisiana Pedestrian Accident Lawyer
Lunsford, Baskin & Priebe PLLC represents injured people across Louisiana and Mississippi, from New Orleans, Baton Rouge, Lafayette, Lake Charles, and Shreveport to communities throughout South Louisiana and north Louisiana. When a driver strikes someone on foot, the injuries are rarely minor, and the question of who pays for the surgeries, the missed work, and the long recovery starts immediately. A Louisiana pedestrian accident lawyer can take over the insurance side of that question while you focus on treatment.
Pedestrian cases in Louisiana turn on a few issues that drivers’ insurers raise almost every time: whether the walker was in a crosswalk, whether they had the right of way, whether they were visible at night, and whether they bear any share of the blame. That last point matters more than it used to. Louisiana now bars recovery entirely for a claimant found 51 percent or more at fault for claims arising on or after January 1, 2026, and anyone below that line has their award reduced by their percentage of fault. Every percentage point the insurer can shift onto the pedestrian is money out of your recovery, and at 51 it is the whole claim.
Some pedestrian injuries also happen on the job: a delivery driver struck while crossing a lot, a utility worker hit at a roadside job site, a construction employee walking through a work zone. Those cases can carry both a workers’ compensation claim and a claim against the negligent driver, and the two have to be handled together.
Why Choose Lunsford, Baskin & Priebe for a Pedestrian Injury Claim
Its attorneys bring over 75 years of combined experience, and the firm has recovered more than $100 million in settlements for clients. Rob Lunsford, founding partner, has spent his entire legal career representing injured workers. Partners Brad Baskin and Jennifer Priebe have been recognized by Best Lawyers, Super Lawyers, and The National Trial Lawyers, and the firm was ranked by Best Law Firms for Workers’ Compensation Law, Claimants, in Jackson. The team also includes attorneys Andrew Rueff, Keaton Belk, Erin Heimlicher, and Jared Martin.
That background matters in a pedestrian case because insurers value a claim partly by whether they believe the lawyer will actually try it. The firm’s results reflect serious injuries: a $685,000 settlement for a surgical tech with a lower back injury, $600,000 for a construction worker with a complex back injury, $385,000 for a project manager with back injuries after being struck in his work vehicle, and $221,000 for a land-based oil rig worker with severe burns. Clients describe a team that listens, stays in contact, and fights the insurance company at every step. The firm advances case costs, consultations are free, and you pay no fee unless there is a recovery. Phones are answered 24 hours a day, and Spanish-speaking clients can work with the team in their own language.
Common Pedestrian Accident Situations and Injuries in Louisiana
- Crosswalk and Intersection Strikes: Drivers turning left or right at a green light often fail to yield to someone legally crossing. Busy corridors in New Orleans, Baton Rouge, Lafayette, and Shreveport see heavy foot traffic near downtown districts, universities, hospitals, and transit stops.
- Parking Lot and Driveway Collisions: Backing vehicles and distracted drivers hit shoppers, delivery workers, and employees crossing lots. These cases often involve property owners and businesses as well as the driver.
- Night and Low-Visibility Crashes: Poorly lit roads, rural highways, and storm conditions hide people on foot. Insurers argue the pedestrian wore dark clothing or stepped out unexpectedly, which feeds directly into the 51 percent fault bar.
- Hit-and-Run and Uninsured Drivers: When the driver flees or carries no coverage, your own uninsured/underinsured motorist coverage may become the main source of recovery, and the claim is handled against your own insurer.
- Work Zone and Roadside Worker Strikes: Flaggers, road crews, utility workers, and delivery drivers are hit while on the clock. These can support a workers’ compensation claim and a separate claim against the negligent driver.
- Serious Orthopedic and Spine Injuries: Pedestrians are struck at bumper height, producing fractures of the legs, hips, and pelvis, torn knee ligaments, shoulder injuries, and herniated discs in the neck and back that can require surgery and long rehabilitation.
- Catastrophic Head Injuries and Wrongful Death: Traumatic brain injuries and fatal crashes bring families into the claims process, including wrongful death and survival actions under Louisiana law.
What to Do After You Are Hit by a Car on Foot in Louisiana
Get medical care first, even if you walked away. Adrenaline hides fractures, concussions, and disc injuries, and a gap between the crash and your first visit gives the insurer room to argue something else caused your pain. Emergency rooms, urgent care clinics, and your own physician all create the records that will carry the claim. Follow every referral, because missed appointments are used against you.
Call the police so a report is made by the responding agency, whether that is a city police department, a parish sheriff’s office, or Louisiana State Police on a highway. Get the driver’s name, insurance information, and plate number, and collect names and numbers of any witnesses before they leave. Photograph the scene, the vehicle, your injuries, the crosswalk markings, signals, lighting, and your clothing and shoes. If there are nearby businesses with cameras, ask quickly, because footage is often overwritten within days.
Be careful with the other driver’s insurance company. Adjusters call early, sound friendly, and ask for a recorded statement. Anything you say about where you were standing, how fast you were walking, or whether you saw the car can be turned into an argument that you were partly at fault. You are not required to give a recorded statement to the other side’s insurer, and you should not sign medical releases that give them open access to your history. Do not accept an early check either; a quick settlement closes the claim before you know the full extent of your injuries.
Timing matters. For injuries on or after July 1, 2024, Louisiana’s deadline to file a lawsuit for most injury claims is two years from the day the injury occurred. Earlier injuries remain under the former one-year period. If a pedestrian died, wrongful death and survival claims run on the longer of one year from the death or two years from the injury. These deadlines are why waiting to “see how things go” is a costly mistake. If you were hurt while working, you must also report the injury to your employer within 30 days, and a workers’ compensation claim generally must be filed within one year of the accident.
Pedestrian lawsuits are filed in the district court of the parish where the crash happened or where the defendant lives, and federal court may become involved in some cases, such as those with out-of-state defendants. Most claims resolve through negotiation, but a lawyer who prepares each case for trial gives you the leverage to get a fair number.
How Fault Is Fought in a Louisiana Pedestrian Case
Because fault percentages now decide whether a claim survives, the evidence fight is where these cases are won. Drivers owe pedestrians a duty of reasonable care, including keeping a lookout, controlling speed, and yielding to people legally in the roadway. Insurers respond by looking for anything suggesting the pedestrian crossed outside a marked crossing, ignored a signal, was distracted by a phone, or was impaired. Each allegation has to be met with scene evidence, signal timing, vehicle data, witness accounts, and sometimes accident reconstruction.
Damages in a serious case reach beyond the hospital bill. They include future surgery and rehabilitation, lost earnings and reduced earning capacity, pain and suffering, and loss of enjoyment of life. Where the pedestrian was working, comp benefits for medical care and wage replacement can run alongside the injury claim, and the firm coordinates the two so a settlement in one does not undercut the other. The firm’s understanding of how insurers fight back and attack pre-existing back and joint conditions carries directly into pedestrian cases, where degenerative findings on an MRI are often blamed for symptoms the crash actually caused or worsened.
Louisiana Pedestrian Accident Questions Answered
How long do I have to file a pedestrian accident lawsuit in Louisiana?
For injuries on or after July 1, 2024, the general deadline is two years from the day the injury occurred. Injuries before that date fall under the former one-year period. Wrongful death claims follow the longer of one year from the death or two years from the injury.
What if I was partly at fault for being hit?
Fault is divided by percentage and your award is reduced by your share. For claims arising on or after January 1, 2026, a claimant found 51 percent or more at fault recovers nothing. That makes the fault investigation one of the most important parts of the case.
Do I need a lawyer for a pedestrian accident claim?
If you were seriously hurt, yes, it is worth a consultation. Insurers have adjusters and lawyers building the argument that you share the blame. With a free consultation and no fee unless there is a recovery, there is little reason to face them alone.
What if the driver who hit me had no insurance or drove away?
Your own uninsured/underinsured motorist coverage may apply. These claims are made against your own carrier, which can still contest fault and the value of your injuries, so documentation matters.
How much does it cost to hire the firm?
Nothing up front. Consultations are free, the firm advances the costs of the case, and fees are paid only if there is a recovery.
Will my health insurance cover treatment while the claim is pending?
Often yes, and you should use it so treatment is not delayed. Your health insurer may have a right to be repaid from a settlement, so those reimbursement claims are negotiated as part of resolving the case.
What if I was hit while on the job?
You may have a workers’ compensation claim against your employer’s carrier and a separate injury claim against the driver. Report the injury to your employer within 30 days, and file the comp claim within one year of the accident unless an exception applies.
Can I still recover if there was no crosswalk?
Yes. Pedestrians outside crosswalks can still recover, but the driver’s insurer will push a larger fault percentage onto you. Strong evidence about lighting, speed, and the driver’s attention helps keep that share low.
What happens if a family member was killed as a pedestrian?
Louisiana allows wrongful death and survival actions, generally brought by close family members. Both follow the rule of one year from the death or two years from the injury, whichever is longer, so families should speak with a lawyer promptly.
Should I accept the insurance company’s first offer?
Early offers are made before the full cost of your injuries is known. Once you sign a release, you cannot reopen the claim if you need surgery later. Have a lawyer review any offer first.
Does this firm handle pedestrian cases outside Louisiana?
Yes. The firm also represents injured people throughout Mississippi, where the general injury deadline is three years and fault is shared under pure comparative negligence, so a claimant is only reduced by their percentage of fault rather than barred.
Serving Pedestrian Accident Clients Across Louisiana
Pedestrian crashes happen wherever people share roads with traffic, and the firm represents clients throughout Louisiana. In the New Orleans area, that includes injured pedestrians from the city’s neighborhoods and from Jefferson Parish, St. Bernard, Plaquemines, and the north shore. Across the capital region, the firm helps people hurt in Baton Rouge and the surrounding communities. In Acadiana and southwest Louisiana, it serves Lafayette, Lake Charles, and the towns around them, and in the northwest it represents clients in Shreveport and Bossier area communities.
The firm’s reach extends across South Louisiana and north Louisiana, from small towns and rural highways to the state’s largest cities, and it also serves Mississippi communities including Jackson, Madison, Hattiesburg, Southaven, the Gulf Coast, and the Delta. If you were struck while walking, working, or crossing a street anywhere in this region, the team can review your case.
Talk to a Louisiana Pedestrian Accident Attorney Today
If you were hit by a car on foot, the deadlines are already running and the insurance company is already building its version of events. A Louisiana pedestrian accident attorney at Lunsford, Baskin & Priebe can review what happened, explain how the fault rules affect your claim, and handle the insurers while you recover. Consultations are free, the firm advances case costs, and you owe no fee unless there is a recovery. Call any time, day or night, and speak with someone who will listen to your situation.
