Yes, you can file a claim if you were jaywalking at the time of an accident. Being hit by a car while jaywalking does not automatically disqualify you from recovering compensation in Louisiana. You can still file a claim, and depending on the circumstances, you may be entitled to significant damages. However, jaywalking does complicate the fault picture.
You need the assistance of an experienced pedestrian accident attorney in Baton Rouge. At Chris Corzo Injury Attorneys, we know how to protect your rights and help you recover maximum compensation for your pedestrian accident, even if you were jaywalking when you were struck.
Call a pedestrian accident lawyer at (225) 999-1111 or complete the short form on our contact page to schedule a free consultation to discuss your claim.
Jaywalking Laws in Louisiana
Louisiana law requires pedestrians to use marked crosswalks when available and to use sidewalks when they exist. Crossing mid-block or outside a designated crossing point is a traffic violation. If a police officer cited you for jaywalking at the scene of your accident, that citation will very likely come up in your claim.
But a citation is not a verdict. The fact that you were crossing outside a crosswalk does not mean the driver who hit you was blameless, and it certainly does not mean you have no case.
Traffic laws exist on both sides of a pedestrian- vehicle collision, and drivers have their own legal obligations that do not disappear just because a pedestrian was not exactly where the law says they should be.
Louisiana’s Comparative Fault Law
Under Louisiana comparative negligence law, fault for an accident is allocated among all who contributed to it, including the pedestrian. The plaintiff’s recovery is then reduced by their percentage of fault.
So if a jury determines you suffered $200,000 in damages but assigns you 30% of the fault for jaywalking, you could recover $140,000. You do not lose everything because you were not in a crosswalk. You lose a proportional share based on your contribution to what happened.
However, as of January 1, 2026, Louisiana law now completely bars any recovery for plaintiffs found to be 51% or more at fault. Now, more than ever, insurance companies will work aggressively to shift blame to injury victims, including those who were jaywalking when struck by a negligent driver.
Consult an Experienced Baton Rouge Pedestrian Accident Lawyer
You can still file a claim for damages if you were jaywalking during your accident. However, your personal injury claim will be more complex than it would have been if you had not been jaywalking.
You need the help of an experienced pedestrian accident attorney in Baton Rouge to protect your rights and help you secure maximum compensation for your damages.
At Chris Corzo Injury Attorneys, we know how to build your strongest claim so you can recover every dollar you are entitled to. Call our team of pedestrian accident lawyers today at (225) 999-1111 or complete the short form on our contact page and schedule a free consultation to discuss your pedestrian accident claim.