Pedestrian Accident Claims in Louisiana
When drivers in Louisiana must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.
Short answer: Where traffic signals are not in place or not working, a driver must stop and yield to a pedestrian crossing within a crosswalk on the driver's side of the road or the road the driver is turning onto, and may not pass a vehicle stopped at a crosswalk for a pedestrian. La. R.S. 32:212; La. R.S. 32:213; La. R.S. 32:214
| Pedestrian right-of-way | Where traffic signals are not in place or not working, a driver must stop and yield to a pedestrian crossing within a crosswalk on the driver's side of the road or the road the driver is turning onto, and may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, and between adjacent signalized intersections pedestrians may cross only in a marked crosswalk. Pedestrians may not suddenly step into the path of a vehicle too close to yield, and every driver must use due care to avoid hitting a pedestrian. R.S. 32:213: https://legis.la.gov/legis/Law.aspx?d=88188 ; R.S. 32:214: https://legis.la.gov/legis/Law.aspx?d=88189 |
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| Fault rule (comparative negligence) | Modified comparative fault with a 51% bar, effective January 1, 2026. An injured person who is 51% or more at fault cannot recover damages; a person who is less than 51% at fault has damages reduced by his or her percentage of fault. Fault is assigned to everyone who contributed, including non-parties. Damages are not reduced when the other party was an intentional wrongdoer. Before Acts 2025, No. 15 (effective Jan. 1, 2026), Louisiana used pure comparative fault; check which version applies to an older claim. Source: La. Civ. Code art. 2323 |
| Minimum car insurance | Minimum liability coverage is $15,000 per person and $30,000 per accident for bodily injury and $25,000 for property damage. Under the "no pay, no play" rule, an owner or driver who did not carry required coverage cannot recover the first $100,000 of bodily injury damages or the first $100,000 of property damage from an accident, with exceptions (for example, if the other driver is convicted of DWI, caused the crash intentionally, or fled the scene). No pay, no play: https://legis.la.gov/legis/Law.aspx?d=88612 Source: La. R.S. 32:900(B)(2), 32:866 |
| Deadline to sue for an injury | Two years. Delictual (tort) actions, including personal injury claims, are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. This two-year rule took effect July 1, 2024, when the former one-year rule (Civil Code art. 3492) was repealed. Injuries that occurred before July 1, 2024 may be governed by the former one-year period; check the effective-date provisions of Acts 2024, No. 423 for older claims. Source: La. Civ. Code art. 3493.1 |
More Louisiana personal injury & wrongful death
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- Wrongful Death Lawsuits in Louisiana
- Medical Malpractice Rules in Louisiana
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- Dog Bite Liability in Louisiana
- Slip, Trip and Fall Injuries in Louisiana
- Sidewalk and Public Property Falls in Louisiana
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- Bicycle Accident Claims in Louisiana
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- All Louisiana personal injury & wrongful death rules
FAQ
Who has the right of way, a pedestrian or a driver, in Louisiana?
Where traffic signals are not in place or not working, a driver must stop and yield to a pedestrian crossing within a crosswalk on the driver's side of the road or the road the driver is turning onto, and may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, and between adjacent signalized intersections pedestrians may cross only in a marked crosswalk. Pedestrians may not suddenly step into the path of a vehicle too close to yield, and every driver must use due care to avoid hitting a pedestrian.
Can you recover damages if you were partly at fault in Louisiana?
Modified comparative fault with a 51% bar, effective January 1, 2026. An injured person who is 51% or more at fault cannot recover damages; a person who is less than 51% at fault has damages reduced by his or her percentage of fault. Fault is assigned to everyone who contributed, including non-parties. Damages are not reduced when the other party was an intentional wrongdoer.
What is the minimum car insurance required in Louisiana?
Minimum liability coverage is $15,000 per person and $30,000 per accident for bodily injury and $25,000 for property damage. Under the "no pay, no play" rule, an owner or driver who did not carry required coverage cannot recover the first $100,000 of bodily injury damages or the first $100,000 of property damage from an accident, with exceptions (for example, if the other driver is convicted of DWI, caused the crash intentionally, or fled the scene).
What is the statute of limitations for personal injury in Louisiana?
Two years. Delictual (tort) actions, including personal injury claims, are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. This two-year rule took effect July 1, 2024, when the former one-year rule (Civil Code art. 3492) was repealed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.