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New Orleans Pedestrian Accident Lawyers
You were walking - crossing at the corner, heading to the store, coming home from work - and a driver who was not paying attention changed everything in a second. A pedestrian has no seat belt, no steel frame, and no airbag, so the injuries are often severe. For two generations, the Forstalls have stood with injured pedestrians across New Orleans and pushed back when drivers and insurers try to blame the person on foot.
35,000+Cases won
1979Serving NOLA Since
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The Short Version
Pedestrian accidents in New Orleans - the quick answers
- A pedestrian has no protection, so even a low-speed strike can cause catastrophic or fatal injuries.
- Drivers and insurers almost always try to blame the pedestrian for "darting out" - do not let their version stand unchallenged.
- Louisiana is an at-fault state. Since January 1, 2026, if you are 50% or less at fault you can still recover, reduced by your share - but at 51% or more you recover nothing.
- For crashes on or after July 1, 2024, you generally have 2 years to file.
- In a hit-and-run or against a low-limit driver, your own UM/UIM coverage is often what makes a recovery possible.
- Your consultation is free, and you pay nothing unless we win.
Hit while walking? We're on your side.
A pedestrian accident is not just another case file. It is personal. It affects your health, your family, your work, and your future. One moment you are crossing at the corner or walking home, and the next you are in an emergency room with injuries that can take months or a lifetime to heal. The Law Offices of Chip Forstall have spent two generations standing between injured New Orleanians and the insurance companies that try to underpay them.
Whether you were hurt in a crosswalk, at an intersection, in a parking lot, or by a driver who never even stopped, our New Orleans team handles the legal fight so you can focus on healing. We serve injured pedestrians and families across Orleans Parish, and it costs nothing to find out where you stand.
- Investigate the crash and preserve surveillance and intersection-camera footage before it is overwritten
- Deal with the insurance companies so they stop calling you
- Order and review the police report, witness statements, and medical records
- Track down the driver and every available policy in a hit-and-run or low-limit case
- Bring in accident-reconstruction and medical experts when the case calls for it
- Push back hard when the driver claims you "darted out" or crossed unsafely
- Calculate the full, long-term value of your claim - not just the early bills
- Negotiate aggressively, and file suit if they will not be fair
What to do after a pedestrian accident
The steps you take in the first hours and days can shape the outcome of your case. Here is a quick checklist.
1
Get medical care right away
Your health comes first. Even if you feel okay, get checked. Head, neck, internal, and soft-tissue injuries may not be obvious at first, and prompt records connect the crash to the injury.
2
Call 911 and get a report
A police report creates an official record of what happened - the driver, the vehicle, the location, witness names, and the officer's initial observations. Ask how to get a copy.
3
Document the scene if you can
Photograph the roadway, the crosswalk, the signals, sight lines, the vehicle, and your injuries. If you cannot, ask someone with you to do it. Note nearby businesses that may have cameras.
4
Get witnesses before they leave
Names and numbers of anyone who saw it. In a crosswalk dispute, an independent witness can be the difference between recovering and being blamed.
5
Be careful with insurers
They may call quickly, ask for a recorded statement, or offer money early. An early offer rarely reflects future medical needs. Speak with a lawyer first.
6
Call the Forstalls
Surveillance and intersection-camera footage gets overwritten in days. The sooner we are involved, the more evidence we can preserve and the better we can protect your claim.
The Blame Starts Early
Before you leave the hospital, the driver's insurer is already saying you stepped out in front of them.
It is the oldest move in a pedestrian case: blame the person on foot. If they can pin enough fault on you, they pay less - or, past 51%, nothing at all. Right now somebody is building that argument, and nobody is building yours.
Louisiana pedestrian accident laws you should know
Louisiana gives pedestrians real protections - but a few of its rules can quietly cost you your case if you wait too long or let the driver's version go unanswered.
Drivers Must Yield
Louisiana law generally requires drivers to stop and yield to pedestrians in crosswalks and many other crossing situations. Pedestrians crossing outside a marked area have duties too, which is why these cases often turn on the exact location, the signals, sight lines, and witness information.
Comparative Fault - and the 51% Cliff
Louisiana changed this rule on January 1, 2026. For crashes on or after that date, you can still recover if you are 50% or less at fault, with your award reduced by your share. But at 51% or more, you recover nothing. This is exactly why insurers push the "darting out" story so hard - and why getting a lawyer involved early matters more than it ever has.
2 Years to File
For crashes on or after July 1, 2024, you generally have two years to file suit in Louisiana. Miss the deadline and you can lose your right to recover entirely. If a government or public entity is involved, separate notice requirements can arrive much sooner.
Hit-and-Run & UM/UIM
Many pedestrians are struck by drivers who flee or who carry Louisiana's low minimum limits. Your own uninsured and underinsured motorist (UM/UIM) coverage is designed for exactly that, and is often what makes a serious claim recoverable. Louisiana's hit-and-run laws and prompt investigation matter enormously.
Multiple Responsible Parties
A pedestrian case may involve more than a single driver. A company or work vehicle, a truck, a property owner, or more than one driver may share fault. Each can bring a separate policy - and finding every one of them is frequently the difference between a settlement that runs out and one that lasts.
Trucks Change the Case
A pedestrian struck by a truck or commercial vehicle faces more severe injuries and more complicated liability, because the truck may be owned by one company, driven by another person, and insured separately. That layered structure has to be sorted out early.
This page is general information, not legal advice. Deadlines and rules can change and depend on the facts of your case - call us and we'll tell you where you actually stand.
Why pedestrian cases are different
A pedestrian accident is not a car accident with a person instead of a car. The person absorbs the entire force of the impact, with nothing between them and the vehicle. That changes the injuries, the stakes, and the way these cases have to be built.
Here is what is actually different, and why it matters from the first week.
No ProtectionNo seat belt, no frame, no airbag - so even a low-speed strike can be catastrophic or fatal
The Blame GameDrivers and insurers reflexively claim the pedestrian "darted out" or crossed unsafely
The 51% CliffSince January 2026, enough fault shifted onto you erases the claim entirely
Hit-and-RunMany drivers flee, which makes your own UM/UIM coverage and fast investigation critical
Vanishing EvidenceSurveillance and intersection-camera footage gets overwritten within days
Severe InjuriesBrain, spinal, and multiple-fracture injuries are common - and long-tailed
Common causes of pedestrian accidents
In New Orleans and across Orleans Parish, pedestrians are struck in crosswalks, near schools and bus stops, around stores, in parking lots, at intersections, and in neighborhoods where drivers do not slow down. A strong case usually begins with a clear explanation of how the crash happened - which means looking closely at negligence, evidence, and liability.
A driver glances at a phone. A pedestrian steps off the curb. Then the crash happens. These are the failures we see most.
Failure to Yield at CrosswalksTurning-Vehicle StrikesDistracted DrivingSpeeding & Aggressive DrivingDrunk & Impaired DrivingRunning Red Lights & Stop SignsHit-and-RunPoor Lighting & Nighttime CrashesParking Lot & Backing AccidentsCompany & Work VehiclesTruck & Commercial VehiclesBus Stop & Transit Strikes
Common pedestrian accident injuries
Because there is so little between the person and the vehicle, pedestrian injuries can be severe even at speeds that would seem minor in another kind of crash. The seriousness often depends on the speed, the angle of impact, and whether the pedestrian was thrown, dragged, or struck more than once.
These are the injuries we see, and they are the reason many pedestrian cases require life care planning from the outset:
Traumatic Brain InjurySpinal Cord Injuries & ParalysisMultiple FracturesInternal Organ DamagePelvic & Leg FracturesRoad Rash & LacerationsFacial InjuriesCrush InjuriesAmputationCatastrophic & Fatal Injuries
"They stepped right out in front of me."
It is the first thing the driver says, and the first thing their insurer repeats - not because it is true, but because it is hard to disprove without evidence. In a pedestrian case, that single sentence is aimed straight at the 51% line, because if they can shift enough blame onto you, they pay less, and past the line they pay nothing.
That is why these cases are won with evidence rather than the driver's account. Intersection and business surveillance footage. The signal timing. The point of impact and where you came to rest. The driver's speed and whether they braked at all. Phone records in a distracted-driving case. An independent witness who saw you in the crosswalk with the right to cross.
We move to preserve all of it before it disappears, and we do not let the driver's version become the only version anyone hears.
Compensation after a pedestrian accident
Louisiana law sorts what you can recover into two buckets: the losses you can add up on paper, and the ones you cannot. Both are real, and both are recoverable.
Pedestrian cases skew catastrophic, which means the future care and lost earning capacity are usually far larger than the bills you have already received. Insurers often focus only on the early medical bills and ignore the deeper, longer-term losses - which is exactly why a quick settlement can be a costly mistake.
Economic damages
- Emergency, trauma & surgical care
- Future medical care & rehabilitation
- Physical, occupational & cognitive therapy
- Lost wages and lost future earning capacity
- Long-term and in-home care
- Assistive equipment & home modifications
- Out-of-pocket costs tied to recovery
Non-economic damages
- Pain and suffering
- Mental anguish & emotional distress
- Permanent scarring & disfigurement
- Loss of enjoyment of life
- Disability & loss of independence
- Loss of consortium
- Wrongful death and survival damages
What actually changes when a lawyer steps in
Hiring a lawyer is not about paperwork. It is about changing who the insurance company has to deal with - and what happens to them if they refuse to deal fairly. The day we send our letter of representation, the calls to you stop and the calls to us begin.
We move on the evidence immediately. Surveillance and intersection-camera footage, which is retained for only a short time. The 911 audio and the police report. Phone records where distracted driving is suspected. The signal timing and sight lines at the crossing. And a reconstructionist to establish the point of impact and the driver's speed, because in a pedestrian case the physical evidence is what answers the "darting out" story.
We find every defendant and every policy. A crash may involve a single driver, a company or work vehicle, a truck, or a driver who fled - and in a hit-and-run or low-limit case, your own UM/UIM coverage may be what makes a real recovery possible. Insurers keep track of which firms actually file suit and which ones fold at the first lowball offer, and that reputation is priced into every number they put in front of you.
And we fight the fault percentage, because since January 2026 it is no longer just a discount. Past fifty percent, it is the entire claim. When the driver is pointing the finger at you, that fight is not a side issue. It is the whole thing.
Mistakes that can hurt your claim
Pedestrian cases are often lost in the first days, because the footage cycles, the witnesses scatter, and the driver's version hardens before anyone has looked at the physical evidence.
None of the mistakes below are fatal on their own. But each is leverage you did not have to give away.
- Skipping or delaying medical treatment after the crash
- Giving the driver's insurer a recorded statement too soon
- Accepting the first settlement offer before the injury picture is clear
- Letting surveillance or intersection-camera footage cycle and get overwritten
- Failing to get witness names and numbers at the scene
- Assuming a hit-and-run means there is no way to recover
- Accepting the driver's "you darted out" story without challenge
- Posting about the crash on social media
Recent results for injured clients
A few examples of what we've recovered for people seriously hurt by someone else's negligence.
$2,200,000
Auto Accident
$1,500,000
Catastrophic Injury
$975,000
Serious Injury
$750,000
Head Injury
$485,000
Pedestrian Accident
Prior results do not guarantee or predict a similar outcome. Every case is different and must be evaluated on its own facts. Amounts shown reflect gross recovery before fees and costs.
The Full Picture
Understanding a pedestrian accident claim in Louisiana
A pedestrian struck by a vehicle absorbs the full force of the impact, with nothing to protect them. That produces a different injury and a different case - one where the fight over fault is usually the fight over everything. Here is how these are actually won.
The blame lands on the pedestrian first
In almost every pedestrian case, the driver's first instinct - and the insurer's first argument - is that you stepped out where you should not have. "They came out of nowhere." "I never saw them." It is a reflex, and it is effective, because a jury was not there and the person best able to contradict it is the one lying in a hospital bed.
Since January 1, 2026, that argument carries far more weight than it used to. Louisiana now bars recovery entirely for anyone found 51% or more at fault. So the driver's insurer no longer needs to prove you caused the crash. They only need to push enough blame onto you to cross the line, and their obligation disappears.
Which is why a pedestrian case cannot be argued on your word against theirs. It has to be proven. The point of impact, the signal timing, where you came to rest, the driver's speed and whether they braked, and the footage from the intersection or the business on the corner. That evidence does not have an incentive, and it is the only thing that reliably answers the "they darted out" story.
Hit-and-run, low limits, and your own coverage
A hard truth about pedestrian crashes in New Orleans: the driver often flees, or carries only Louisiana's low minimum liability limits. When that happens, the path to recovery frequently runs through your own uninsured/underinsured motorist coverage, which exists for exactly this situation.
Many people do not realize they have UM/UIM coverage, or that it can apply when they are hit as a pedestrian rather than while driving. It often does. And in a hit-and-run, the police report, any camera footage, and a prompt investigation to identify the driver matter enormously - which is one more reason speed matters in these cases.
"The driver will say you darted out. The footage, the impact point, and the signal timing do not."
When a company or work vehicle is involved
Not every pedestrian crash is a private driver. A delivery van, a utility or contractor truck, a rideshare driver, or an employee on the clock may be responsible - and when that happens, the case can grow. A company may be liable for its employee's conduct, and it may hold records that matter: training, routes, dispatch logs, communications, and maintenance history.
Companies often deny responsibility at first, which makes early investigation even more important. We want to know not only what happened at the moment of the crash, but whether a company pressured a driver to rush, ignored a known hazard, or failed to train. Those facts can add a second insurer and a second, larger source of recovery.
What we need from you
Get medical care and keep going to it. Pedestrian injuries are long-tailed, and head, spinal, and internal injuries in particular tend to surface or worsen in the days and weeks after the crash. Gaps in treatment get read as gaps in injury.
Keep everything - the discharge paperwork, the bills, your damaged clothing and shoes, and a few honest notes about the bad days and what you could not do.
Do not give a recorded statement or accept an offer before you have spoken with a lawyer, and stay off social media about the crash. And tell us everything, including the parts that worry you. We can work with a bad fact we know about. We cannot work around one that surfaces later.
It can also help to understand how these cases work more broadly. For more, read why hiring a personal injury attorney is critical after an accident, understanding emotional distress in a personal injury case, ways to maximize personal injury compensation, and whether you should settle or go to court. If you were on a bike rather than on foot, see how to navigate a bicycle injury case, and if you are unsure what happens next, here is what to expect during your consultation.
It costs nothing to find out where you stand
You do not owe us anything to have this conversation. The consultation is free, and if we take your case, you pay no attorney's fee unless we recover money for you. If we do not win, you owe us nothing.
Two generations of this family have spent nearly 50 years doing exactly this work for our neighbors in New Orleans. Call us at 504-483-3400, and let's talk about what your case is really worth.
Important questions people ask about pedestrian accidents
Quick answers to the questions we hear most from injured pedestrians in New Orleans and Orleans Parish.
The driver says I darted out in front of them. Can I still recover?
Often, yes. That is the most common argument drivers and insurers make, and it is rarely the whole story. Since January 1, 2026, Louisiana bars recovery only if you are found 51% or more at fault; at 50% or less you can still recover, reduced by your share. We answer the "darting out" claim with evidence - intersection and business surveillance footage, the point of impact, the signal timing, the driver's speed, and independent witnesses - rather than letting the driver's version stand as the only account.
How long do I have to file a pedestrian accident claim in Louisiana?
For crashes on or after July 1, 2024, you generally have two years from the date of the accident to file suit. Do not treat that as breathing room - camera footage cycles, witnesses move, and evidence disappears. If a government or public entity is involved, separate notice requirements can arrive much sooner, so the safest step is to call quickly.
What if the driver fled the scene or had no insurance?
You may still have a path to recovery through your own uninsured/underinsured motorist (UM/UIM) coverage, which is designed for exactly this situation and often applies even when you are hit as a pedestrian. Louisiana's minimum liability limits are low, so UM/UIM is frequently what makes a serious claim recoverable. In a hit-and-run, the police report, any camera footage, and a prompt investigation to identify the driver matter enormously.
Why are pedestrian injuries so serious?
Because a person walking has no seat belt, no steel frame, and no airbag. The pedestrian absorbs the full force of the impact, so even a low-speed strike can cause head injuries, spinal injuries, multiple fractures, internal damage, or death. The severity often depends on the speed, the angle of impact, and whether the pedestrian was thrown, dragged, or struck more than once. Many of these injuries are also long-tailed, surfacing or worsening days after the crash.
How much is my pedestrian accident case worth?
It depends on the severity of your injuries, the treatment you need now and in the future, your lost income and earning capacity, the impact on your daily life, and the insurance coverage available. Anyone who quotes a number before reviewing your medical records and the facts is guessing. What we can tell you is that the first offer is almost never the real number, and the parts worth the most - future care, lost earning capacity, pain and suffering - are the parts an insurer will not value unless someone proves them.
What if I was partly at fault?
You may still recover. For crashes on or after January 1, 2026, Louisiana follows a modified comparative fault rule: if you are 50% or less at fault, you can recover, though your award is reduced by your percentage of fault. At 51% or more, you recover nothing. Because that line is now decisive, insurers work hard to shift blame onto the pedestrian - which is exactly why the fault fight is worth taking seriously and worth having a lawyer for.
Should I talk to the insurance company or accept their early offer?
Be careful. Insurers often contact pedestrians quickly, ask for a recorded statement, or offer money before the full injury picture is known. An early check rarely reflects future medical needs, missed work, or the real value of the case, and once you settle you cannot go back for more. Politely decline to give a recorded statement or accept an offer until you have spoken with a lawyer.
Do I really need a lawyer for a pedestrian accident?
In most serious cases, yes. The injuries tend to be severe, the driver almost always blames the pedestrian, the footage that could clear you disappears within days, and the 51% rule now makes the fault fight decisive. A lawyer preserves evidence, deals with the insurers, tracks down every available policy including your own UM/UIM, and builds the case the way the other side has been building theirs since day one. The consultation is free, so there is no cost to finding out where you stand.
The Forstalls Take Care of It All
Hurt while walking? Let's talk today.
Tell us what happened. Your consultation is free, there's no obligation, and you pay nothing unless we win.