Even if you were not paying attention to the crosswalk, you may still have a strong case to recover damages. Your ability to secure compensation depends on whether the driver who struck you was at fault, whether you are determined to be partially at fault, and what percentage of fault you bear.
Louisiana law provides extensive protection for pedestrians in crosswalks. If you were injured in a pedestrian accident caused by a negligent driver, we want to help you. At Chris Corzo Injury Attorneys, our pedestrian accident lawyers in Baton Rouge have the experience, skills, and resources to build your strongest case and help you secure maximum compensation for your damages.
Call (225) 999-1111 or complete our contact form to schedule a free consultation and discuss your pedestrian accident claim.
Pedestrians in Marked and Unmarked Crosswalks Are Legally Protected
In Louisiana, a crosswalk is a marked or unmarked area where a road connects one part of a sidewalk to another, such as at an intersection. Any area where a road cuts through a sidewalk is generally considered a crosswalk. Regardless of whether crosswalks are marked, pedestrians have the right of way.
Louisiana Revised Statutes §32:212 provides:
“Pedestrian right-of-way in crosswalks
- When traffic-control signals are not in place or not in operation, the driver of a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the roadway upon which the vehicle is traveling or the roadway onto which the vehicle is turning.
- No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
- Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
- Subsection A of this Section shall not apply where the pedestrian is crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided.”
Even when a pedestrian is not at a crosswalk, Louisiana Revised Statutes §32:214 provides:
“[E]very driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a highway.”
Louisiana’s Modified Comparative Negligence Law
Louisiana has recently changed from a pure comparative negligence to a modified comparative negligence model. Until January 1, 2026, plaintiffs can recover damages if they were partially at fault, regardless of their percentage of fault. This means that even if a plaintiff is 99% at fault, they could still collect damages; however, their compensation would be reduced by the percentage of fault assigned to them.
As outlined in Louisiana Civil Code Article 2323, beginning January 1, 2026, if a personal injury victim is found to be more than 50% at fault, they will be barred from recovering any compensation for their damages. If they are found to be 50% or less at fault, they can still recover damages, but their compensation will be reduced accordingly. For example, if they are deemed to be 30% at fault and their damages total $100,000, they could still recover $70,000 after their percentage of fault is deducted.
If the defendant driver can prove that you were not paying attention in the crosswalk, you may be found to be partially at fault. This could result in you being barred from recovering damages or reducing the amount of compensation you can recover.
At Chris Corzo Injury Attorneys, our Baton Rouge pedestrian accident attorneys work diligently to uncover evidence to prove your claim and avoid or minimize any fault assignment to you, helping you secure maximum compensation for your damages.
Penalties and Consequences for Drivers Who Fail to Yield
The penalties and consequences for drivers who fail to yield to pedestrians in crosswalks depend on the specific facts of the incident.
Drivers who fail to yield can be ticketed and ordered to pay a fine. If a driver fails to yield and injures a pedestrian, the penalties could be much more severe. Criminal penalties if convicted, and depending on the severity of the charge, could include imprisonment, probation, suspension of driver’s license, restitution to a victim, and fines.
In addition to criminal penalties, a driver who fails to yield and strikes a pedestrian may be civilly liable for the resulting damages. If you were injured by a driver who failed to yield, you may be entitled to file a civil claim against them to recover economic and non-economic damages
Common Causes of Pedestrian Crosswalk Accidents
Most pedestrian crosswalk accidents are caused by driver error, including:
- Driving distracted
- Driving fatigued
- Impaired driving
- Aggressive driving
- Speeding
- Failing to follow traffic laws
- Malfunctioning traffic signals
- Dangerously designed roads
- Negligently maintained roads
Determining the cause of your pedestrian accident is essential to proving liability and collecting compensation for your damages. At Chris Corzo Injury Attorneys, our personal injury lawyers carefully investigate the facts surrounding your accident to help identify all possible causes and potentially liable parties.
Statute of Limitations For Pedestrian Accident Claims
A statute of limitations is a law that sets a deadline for filing a claim to recover compensation in a personal injury case. If you do not file before your deadline, you will not be able to recover compensation for damages.
The Louisiana statute of limitations for most personal injury claims, including pedestrian accident claims, is two years from the date of the injury, as outlined in Louisiana Civil Code Article 3493.1. However, there are some exceptions to the two-year filing deadline. You must promptly consult an experienced pedestrian accident attorney in Baton Rouge to ensure you determine when you must file your claim.
Why You Need a Baton Rouge Pedestrian Accident Attorney
Liability in pedestrian accidents can be challenging to prove. A pedestrian accident lawyer can examine the facts of your accident, identify causation and liability, and uncover essential evidence to build your strongest case.
Your Baton Rouge pedestrian accident attorney can help establish and accurately value all your current and future economic and non-economic damages so you know what a fair settlement of your claim would be. They can work to negotiate a fair settlement of your claim as quickly as possible. When a fair settlement cannot be reached, they can take your case to trial to demand the compensation you are entitled to.
If you were not paying attention at the time of the accident, the insurance company will try to shift all blame to you to avoid or minimize paying damages. You need the assistance of a savvy pedestrian accident lawyer to protect your rights and help avoid or minimize any fault assignment to you.
Your chances of a successful outcome are much greater when you are represented by an experienced Baton Rouge pedestrian accident attorney.
Contact An Experienced Pedestrian Accident Lawyer in Baton Rouge Today
If you were injured by a driver who failed to yield, the pedestrian accident attorneys at Chris Corzo Injury Attorneys can help you secure maximum compensation for your damages. Call (225) 999-1111 or visit our contact page and schedule a free consultation to discuss your pedestrian accident claim.