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Baton Rouge Pedestrian Accident Attorney

Being hit by a vehicle while walking can change your life in an instant. The physical pain, emotional trauma, and financial stress that follow can feel overwhelming—especially when you’re facing it all alone. At Chris Corzo Injury Attorneys, our Baton Rouge pedestrian accident lawyers understand how devastating these accidents can be, and we’re here to help you make sense of what’s next.

A Baton Rouge personal injury attorney from our experienced law firm is ready to fight for the compensation you need to heal and move forward.

Call us today at 225-999-1111 or fill out our online contact form to claim your free consultation.

Why Choose Chris Corzo Injury Attorneys?

  • We have a 100% success rate.
  • Numerous million-dollar and multi-million-dollar recoveries for our clients.
  • Free consultations
  • We are happy to come to you to discuss your case.
  • You pay nothing until we win for you.

Schedule a free consultation and see for yourself why Chris Corzo Injury Attorneys is the right choice for you.

Table of Contents

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Steps to Take After a Pedestrian Accident in Baton Rouge

Being hit by a vehicle is a terrifying and disorienting experience. In the aftermath, the steps you take at the scene and shortly after can also protect your legal rights if you decide to file a personal injury claim.

Here are some of the most important things to do after a pedestrian accident:

Call 911 and Make Sure a Police Report Is Filed
Even if you believe your injuries are minor, it’s essential to call the police, if you are able to, and wait for them to arrive at the scene. The responding officer will create an official report that documents key details. This can include the driver’s information, witness statements, and their observations. This report often becomes a critical piece of evidence in your case. Without it, it may become much harder to prove fault or secure fair compensation.

Take Photos of the Scene and Your Injuries
If you’re able, or if someone with you can help, use your phone to take photos of the accident scene. Be sure to capture the position of the vehicle, the surrounding environment, traffic signs or signals, skid marks, and any visible injuries. In the hours and days that follow, take pictures of bruises, swelling, cuts, and any medical devices (like braces or slings). This visual documentation helps show the severity of your injuries and how they developed over time.

Gather and Preserve All Relevant Evidence
Hold on to any information you receive at the scene, including the driver’s insurance details, your copy of the police report, and any communication from insurers. Keep a detailed file of your medical records, treatment plans, bills, and out-of-pocket expenses related to the accident. If you’ve had to miss work, collect documentation of lost income or reduced hours.

Get Witness Contact Information
If anyone saw what happened, their statement could help support your version of events. Ask for names and phone numbers so they can be contacted later if needed. Witnesses can provide important details that don’t appear in the police report.

Avoid Speaking to the Insurance Company Alone
You are not required to speak to the at-fault driver’s insurance company. In fact, doing so without legal guidance can hurt your claim. Insurers may try to use your words against you or pressure you into accepting a low settlement. Politely decline and let them know you are seeking legal representation.

Contact a Baton Rouge Pedestrian Accident Attorney
One of the most important steps you can take is to speak with an experienced injury lawyer as soon as possible. At Chris Corzo Injury Attorneys, we can help you preserve crucial evidence, handle all communication with the insurance company, and begin building a strong claim on your behalf. Acting quickly can also help ensure you file your claim within Louisiana’s legal deadlines.

We understand how overwhelming this time can be. Our team is here to provide guidance, answer your questions, and stand up for your right to full and fair compensation.

How Much Is My Pedestrian Accident Case Worth?

There is no standard payout for a pedestrian accident case because every situation is unique. The value of your claim will depend on several factors, including the severity of your injuries, the cost of medical treatment, any lost wages, and the long-term impact the accident has on your life.

While it’s not possible to assign a blanket dollar amount to these cases, an experienced Baton Rouge pedestrian accident attorney can evaluate the specific facts of your case and provide a reasoned estimate based on similar claims and the evidence available.

What Damages Can I Recover in a Pedestrian Accident Claim?

The value of your case is largely determined by the extent of your damages, the available insurance coverage or assets available to pay your claim, and your attorney’s ability to prove liability and the full value of your injuries.

In Louisiana, pedestrian accident victims may be eligible to recover three types of damages: economic, non-economic, and punitive.

Economic damages are the financial losses you’ve suffered as a direct result of the accident. These are typically easier to calculate and may include medical expenses (both current and future), lost wages, reduced earning capacity, rehabilitation costs, and property damage. Documentation like medical bills and pay stubs often play a key role in proving these losses.

Non-economic damages are more subjective and account for the personal, non-financial toll of the accident. These may include compensation for pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, or loss of companionship. While harder to quantify, non-economic damages are just as important in fully capturing how the accident has affected your daily life and future well-being.

Punitive damages, also called exemplary damages, are not intended to compensate the victim but to punish especially reckless or harmful conduct. These damages are only awarded in rare cases and must meet specific legal criteria. For example, under Louisiana Civil Code Article 2315.4, punitive damages may be available if an intoxicated driver caused your injuries.

No attorney can guarantee that you will recover a certain amount. However, once our attorneys have conducted a thorough analysis of your case, we can give you an estimate of the value of your claim. Only after determining the full value of your claim can we understand whether a settlement offer is fair. 

How Long Do I Have to File a Pedestrian Accident Claim?

Under Louisiana Civil Code article 3493.1, the time limit to file a personal injury claim depends on when your accident occurred. If your accident happened on or after July 1, 2024, you generally have two years from the date of the incident to file a claim. If it occurred before July 1, 2024, you typically only had one year to take legal action.

If your accident happened more than a year ago, it’s possible the deadline has passed, but there are exceptions in some cases. It’s still worth speaking with an attorney to determine whether your claim may qualify under a legal exception or extended timeline. An experienced Baton Rouge pedestrian accident lawyer can review your situation and let you know where you stand.

Who Can Be Held Liable in a Louisiana Pedestrian Accident?

Determining liability and how it affects what you can recover is extremely important. Our Baton Rouge pedestrian accident attorneys can review what happened, assess your level of fault (if any), and walk you through all available legal options.

You may assume that pedestrians always have the right-of-way, meaning drivers must always yield to them. However, unlike many states, pedestrians in Louisiana do not automatically have the right-of-way. This means a driver who collides with a pedestrian is not automatically at fault for causing the accident. 

In Louisiana, pedestrians only have the right-of-way on marked crosswalks. When crossing the street using a crosswalk, drivers are required to yield to pedestrians. If a driver’s failure to yield at a crosswalk results in a collision with a pedestrian, the motorist is probably liable for the resulting injuries. 

Pedestrians are also required to follow certain traffic laws, including:

  • Using sidewalks whenever available
  • Walking on the shoulder of the road facing oncoming traffic when a sidewalk is not available
  • Yielding to vehicles when crossing a street anywhere other than a marked crosswalk 
  • Not entering a road and moving in front of a vehicle that does not have adequate time to stop

If a pedestrian breaks any of these rules and is consequently involved in an accident, they may be partially liable for their injuries. This does not mean that a motorist is not at fault or that an injured pedestrian cannot recover compensation. 

Drivers do owe a duty of care to pedestrians, just like they owe a duty of care to other motorists. Drivers are legally obligated to make every effort to avoid pedestrians, regardless of whether they are following traffic rules or attempting to cross a street outside a marked crosswalk. 

In other words, it does not matter if the driver technically has the right-of-way: The motorist must attempt to warn and/or avoid the pedestrian. For example, if a pedestrian is crossing the road anywhere other than a marked crosswalk and a vehicle is approaching, the driver of that vehicle should attempt to change lanes, honk their horn, or both. If they do not take these actions, they may be partially liable for injuries sustained by the pedestrian in a collision. 

What If I’m Partially Liable For My Pedestrian Accident?

When a pedestrian is partially responsible for their injuries, they will not be able to recover the full value of their claim. That does not mean they should not consider taking legal action, as Louisiana does allow injury victims to recover some compensation even if they share some of the blame. The court will decide your level of fault by assigning a percentage of blame and reducing a final damage award by a commensurate amount.

For example, if a pedestrian was crossing the road anywhere other than a marked crosswalk but a distracted driver struck them, the court may determine the pedestrian is 30% responsible for the accident. A damage award of $100,000 would be reduced by 30%, meaning the pedestrian would get $70,000. Again, we can advise how your partial liability could affect what you recover. 

Our Baton Rouge pedestrian accident lawyer understands how to approach cases involving partial liability. We will develop compelling arguments that work to maximize your recovery and put you in the best possible position.

Common Causes of Pedestrian Accidents

Many pedestrian and car accident collisions involve a motorist driving recklessly or failing to pay attention to the road. Pedestrians must also be aware of the traffic around them and use infrastructure (such as sidewalks and bridges) to avoid violating traffic laws. 

Pedestrian accidents are often the result of driver negligence as well as:

  • Distracted driving, including texting while driving
  • Drivers failing to check behind them as they back out of a parking space
  • Driving while intoxicated
  • Excessive speeding
  • Failing to stop at a pedestrian crosswalk, stop sign, or red light
  • Low visibility due to weather or other hazards
  • Pedestrians crossing the road somewhere other than a marked crosswalk
  • Pedestrians not using an available sidewalk
  • Pedestrians walking on the wrong side of the road
  • Reckless driving

Common Pedestrian Accident Injuries

The average car weighs thousands of pounds, so even a low-speed car accident collision with a pedestrian can result in catastrophic injuries. Unlike bicyclists and motorcyclists, who also face more vulnerable conditions, pedestrians do not typically wear any type of safety equipment that can mitigate the fallout of an accident.

Pedestrian accident victims can sustain many types of serious injuries, including:

  • Brain injuries
  • Broken bones
  • Soft tissue damage
  • Spinal injuries
  • Wrongful death

If you lost a loved one in a pedestrian accident, we encourage you to reach out to our Baton Rouge wrongful death attorney. We’ll guide you through the process of filing a wrongful death claim with care and understanding.

What Evidence Can Be Used In a Pedestrian Accident Case?

At Chris Corzo Injury Attorneys, we provide the experience and resources victims need to conduct meticulous investigations into their accidents. These investigations are critical to identifying liable parties and properly construct claims, and to gathering the evidence that supports our mission to recover the maximum compensation possible.

While every case is unique, some examples of evidence that can be important in pedestrian accident cases include:

  • Footage of the accident (if available from CCTV / security cameras and nearby businesses)
  • Photos of the accident scene
  • A police report (if one was completed)
  • Records of accidents at the same location / intersection
  • Records of an at-fault motorist’s driving history (i.e. past citations, DUI convictions, etc.)
  • Copies of insurance policies of all involved drivers, including any homeowners or auto insurance policies purchased by the victim that may provide coverage
  • Records of any alcohol purchases or consumption prior to the accident (if DUI is known or suspected)
  • The vehicle(s) involved if they are adequately preserved after the crash
  • Any employment records for an at-fault driver (if they were driving in the course of their employment at the time of the crash)
  • A victim’s medical records and copies of medical bills
  • A victim’s work history records and documented lost income

These and other pieces of evidence can be crucially important when it comes to litigating a pedestrian accident case – both in terms of proving a defendant’s negligence and liability and in recovering the full scope of damages suffered by victims. At Chris Corzo Injury Attorneys, we leave no stone unturned when searching for evidence to support our clients’ cases and position them for the maximum recoveries possible.

How Can a Pedestrian Accident Lawyer Help?

You will almost always get a better result when you have an experienced Baton Rouge attorney representing your interests because:

  • Insurance companies will do their best to avoid paying your claim and to pay as little as possible when they must pay.
  • Insurance companies train their adjusters and other representatives to use tricky tactics to get the upper hand. For example, they often try to get you to admit fault, apologize, say you’re “okay”, or say something they can twist and use against you.
  • A good attorney will conduct a complete investigation of your accident to determine all possible causes and potentially liable parties.
  • An experienced personal injury lawyer can negotiate skillfully with insurance companies and defense attorneys to reach a fair settlement.
  • Your attorney can conduct formal discovery, including depositions and issuing subpoenas to get the evidence needed to build your strongest case.
  • Litigation can be complex and expensive. An experienced personal injury lawyer will have the skills and resources to aggressively litigate your case at no charge to you until they recover compensation for you.

Consult an experienced pedestrian accident attorney in Baton Rouge as soon as possible after your accident. 

Contact Our Baton Rouge Pedestrian Accident Attorney Today

If you have been injured in a Baton Rouge pedestrian accident, you need the help of an experienced Baton Rouge pedestrian accident lawyer to help you recover maximum compensation for your injuries.

At Chris Corzo Injury Attorneys, our personal injury lawyers have a proven track record of winning big for our clients, and we want to do the same for you.

Schedule a free consultation to discuss your case today by calling (225) 999-1111 or completing the short form on our contact page. We look forward to meeting you, answering your questions, explaining your rights, and helping you recover every dollar you deserve.