Who Is Liable for a Pedestrian Injury in Louisiana?

According to preliminary data from the Louisiana Strategic Highway Safety Plan (SHSP) report, there have already been 347 serious or fatal crashes involving pedestrians in 2025 alone. These numbers highlight the importance of determining who is liable for pedestrian injuries to protect vulnerable road users and ensure fair compensation.

Each case is unique, and fault must be established based on the specific facts. Our experienced Shreveport pedestrian injury attorneys can assess your case and determine who is legally liable.

Who Can Be Held Liable for a Pedestrian Injury?

Determining liability in pedestrian accidents requires a thorough investigation of the circumstances surrounding the collision. In Louisiana, multiple parties may share responsibility depending on how the crash occurred:

• Drivers: Negligent drivers are the most common defendants in pedestrian claims. Speeding, distracted driving, impaired driving, or failing to yield at a crosswalk are frequent causes of serious injuries.
• E-bike and bicycle riders: Riders who operate recklessly, ignore traffic rules, or ride on sidewalks at unsafe speeds can be held accountable for collisions with pedestrians.
• Vehicle or parts manufacturers: When a crash results from defective brakes, steering, or acceleration systems, the vehicle manufacturer or parts supplier may be liable under product liability laws.
• Mechanics or repair shops: Improper maintenance or repair, such as a botched brake job, can create mechanical failures that lead to pedestrian injuries.
• Property owners: Poor lighting, blocked walkways, or hazardous parking lot conditions can cause or contribute to pedestrian accidents. Property owners have a duty to maintain safe premises for public use.
• Pedestrians themselves: Pedestrians can share fault if they jaywalk, ignore signals, or walk while impaired. Under Louisiana's modified comparative fault system, compensation may be reduced or barred based on their share of responsibility.

Liability for a pedestrian injury in Louisiana depends on the specific facts of each case. Identifying all contributing parties helps ensure responsibility and compensation are fairly distributed among those whose negligence caused the accident.

How Louisiana's Modified Comparative Fault Law Affects Your Recovery

As of January 1, 2026, Louisiana no longer follows a pure comparative fault system. The state has adopted a modified comparative fault rule under La. Civ. Code Art. 2323, which significantly impacts how much compensation you can recover after a pedestrian accident.

The New 51% Bar Rule

Under the new law, effective January 1, 2026:

• If you are 51% or more at fault, you cannot recover any damages.
• If you are 50% or less at fault, your damages will be reduced by your percentage of fault.
• The jury will be instructed on the effect of this rule during trial.

Let's say a pedestrian crosses at a marked crosswalk when a distracted driver runs a red light and hits them. The driver is found 80% at fault for texting, while the pedestrian is 20% at fault for stepping slightly outside the lines. If your total damages equal $100,000, you can recover $80,000 (reduced by your 20% fault).

However, if the pedestrian were found to be 51% at fault or more, they would recover nothing under the new law.

For Accidents Before January 1, 2026

For accidents that occurred before January 1, 2026, Louisiana's previous pure comparative fault system still applies, meaning you could recover damages even if you were more than 50% at fault, with your compensation reduced proportionally.

Proving Who Is Liable for a Pedestrian Injury in Louisiana

After identifying the potentially responsible parties, the next step is proving negligence. In Louisiana, this involves demonstrating that another party’s careless actions directly caused your injuries.

To establish liability, you must show:

• Duty of care: The driver had a legal obligation to operate their vehicle safely and watch for pedestrians.
• Breach: That duty was broken through reckless or inattentive behavior, such as speeding, texting, or failing to yield.
• Causation: The driver’s conduct directly led to the accident and your injuries.
• Damages: You experienced measurable harm, physical injuries, emotional suffering, and financial expenses.

Ultimately, proving negligence is the foundation of any pedestrian injury claim in Louisiana’s comparative fault system. The stronger your evidence, the more effectively you can protect your right to fair compensation.

Common Misconceptions About Fault in Pedestrian Accidents

The fault in Louisiana pedestrian accidents is often misunderstood. The state’s comparative fault system means both drivers and pedestrians can share responsibility, but partial fault doesn’t erase your right to compensation.

• The driver is always at fault: Drivers must watch for pedestrians, but pedestrians must also follow traffic laws. Fault is shared when both contribute to the accident.
• Jaywalking bars recovery: Even if you crossed mid-block, you can still recover damages. Your compensation is reduced by your share of fault, not eliminated.
• Minor injuries don’t justify a claim: Soft-tissue injuries or concussions can worsen over time and deserve fair compensation.
• No witnesses means no case: Cameras, vehicle data, and medical records often provide enough proof to establish fault.

Louisiana law focuses on fairness, allowing injured pedestrians to recover damages as long as they weren’t entirely responsible for the crash.

Protecting Your Rights After a Pedestrian Accident

Proper action after a pedestrian accident is essential to secure fair compensation and protect your claim. Quick, informed decisions help preserve key evidence, prove liability, and strengthen your position if legal action becomes necessary.

• Seek immediate medical attention: Even if injuries seem minor, prompt medical care creates a clear record linking your condition to the crash and supports your future claim.
• Document everything: Photograph the scene, save receipts, and obtain the police report. Consistent documentation strengthens your case by showing how the accident occurred and what damages resulted.
• Get legal help: Rice & Kendig Injury Lawyers has more than 50 years of experience successfully representing victims of pedestrian accidents. We will handle insurers, collect vital evidence, and pursue maximum compensation while you focus on recovery and rebuilding your life.

In one of our pedestrian collision cases, while helping a friend on the roadside, our client was struck by a drowsy driver who fell asleep and veered off the highway. The crash caused multiple injuries and required a year of treatment, with medical bills exceeding $200,000. Despite the driver’s minimal insurance coverage ($20,000), our firm pursued a bad-faith claim against the insurer and secured a $2.5 million settlement.

Don’t Let Unanswered Questions Cost You Compensation

Pedestrians can be seriously harmed in collisions with motor vehicles, as well as in crashes involving bicyclists, e-bike riders, and other parties. It will be essential to determine who is liable — the driver or another party. Do not hesitate to contact us today to discuss your case.