An accident involving a pedestrian is a jarring and traumatic experience for everyone involved. When that accident happens in a city like New Orleans—where the vibrant nightlife in areas like the French Quarter and the Warehouse District means pedestrians are often enjoying themselves—the situation can become incredibly complex, especially if you suspect the pedestrian was intoxicated.
If you are a driver involved in such an incident, you are likely feeling overwhelmed, stressed, and deeply concerned about what comes next. You may be asking yourself: Am I automatically at fault? What are my rights? What are my obligations? The moments after a collision are chaotic, but the steps you take are critical to protecting your rights and ensuring the facts of the case are fairly represented.
This guide will walk you through the essential legal steps to take after an accident with an intoxicated pedestrian in New Orleans. We will explain how Louisiana’s unique laws, particularly the doctrine of comparative fault, apply in these complicated situations. If you are facing this difficult ordeal, please know that the experienced team is here to help you understand your legal options.
What Are the First Steps to Take After Hitting a Pedestrian?
Your actions in the immediate aftermath of an accident are crucial for both safety and the integrity of any future legal claim. It is essential to remain calm and proceed methodically.
- Stop, Secure the Scene, and Call 911: Never leave the scene of an accident that results in injury. Doing so can lead to serious criminal penalties. If possible, move your vehicle to a safe location to prevent further accidents, turn on your hazard lights, and immediately call 911 to report the incident and request medical assistance.
- Check on the Pedestrian and Render Aid: Your first priority is the well-being of the injured person. Check on the pedestrian and provide any reasonable assistance you can without putting yourself in danger. Do not move them unless they are in immediate peril, as this could worsen their injuries. Follow the instructions of the 911 dispatcher until emergency services arrive.
- Cooperate with Law Enforcement: When the police arrive, provide a clear and factual account of what happened. Stick to the facts and avoid speculating or admitting fault. The police report is a critical piece of evidence, and it is important that it is as accurate as possible. Be sure to get the name and badge number of the responding officer and ask how you can obtain a copy of the official report.
- Document Everything: If you are able, use your phone to document the scene thoroughly. Take pictures and videos of the location, vehicle damage, road conditions, traffic signals, and any visible injuries. If there are any witnesses, politely ask for their names and contact information. Their testimony could be invaluable later.
- Seek Your Own Medical Evaluation: The adrenaline of an accident can easily mask your own injuries. Even if you feel fine, it is wise to get checked out by a medical professional. This creates a medical record that can be important if you later realize you were injured.
- Notify Your Insurance Company: Report the accident to your insurance provider as soon as is practical. Provide the basic facts of the incident but avoid making detailed statements or admitting fault before you have had the chance to speak with an attorney.
Who Is at Fault? Understanding Louisiana’s Comparative Fault Law
A common misconception is that a driver is automatically at fault in any accident involving a pedestrian. This is not true, especially in Louisiana. Our state operates under a “pure comparative fault” system, which means that fault can be shared between all parties involved in an accident.
Under Louisiana Civil Code Article 2323, the amount of damages a person can recover is reduced by their percentage of fault. For example, if a pedestrian is deemed 70% responsible for an accident because they darted into traffic, they can only recover 30% of their total damages from the driver. This rule is central to cases involving intoxicated pedestrians, as their impairment often contributes significantly to the cause of the accident.
Both drivers and pedestrians have a legal “duty of care” to act reasonably and avoid causing harm. An investigation will focus on whether either party breached that duty.
Factors That May Establish a Pedestrian’s Fault:
- Jaywalking: Crossing a street outside of a marked or unmarked crosswalk at an intersection.
- Ignoring Traffic Signals: Crossing against a “Don’t Walk” signal or a red light.
- Sudden Movement: Suddenly leaving a curb or other place of safety and running into the path of a vehicle that is too close to stop, which is a violation of Louisiana Revised Statute 32:212(B).
- Being Distracted: Looking at a phone or otherwise not paying attention to their surroundings.
- Intoxication: While not automatically proof of fault, a pedestrian’s impairment is a key factor in determining if they were acting negligently.
Factors That May Establish a Driver’s Fault:
- Speeding: Driving over the speed limit or too fast for the conditions, such as in heavy rain on the Pontchartrain Expressway.
- Distracted Driving: Texting, eating, or any other activity that takes your attention off the road.
- Failing to Yield: Not yielding the right-of-way to a pedestrian who is legally in a crosswalk, as required by La. R.S. 32:212(A).
- Driving Under the Influence: If the driver is also impaired, this constitutes significant negligence.
Don’t Face Insurance Companies Alone
Determining fault in a pedestrian accident is incredibly complex, and you can be sure the pedestrian’s insurance company will work hard to place 100% of the blame on you. You need an advocate in your corner.
Call Breaux Law Firm today for a free, no-obligation case evaluation at (504) 914-7779.
Can a Bar Be Sued for Overserving the Pedestrian?
In many states, a bar or restaurant that overserves a patron can be held liable for injuries that person later causes. This is known as “dram shop” liability. However, Louisiana law is very different.
Louisiana has a powerful “anti-dram shop” statute, La. R.S. 9:2800.1, which states that the consumption of alcohol, not the sale of it, is the proximate cause of any resulting injuries. This means that, in almost all cases, a bar, restaurant, or social host
cannot be held legally liable for injuries caused by an intoxicated adult they served. The primary exception to this rule is if the establishment serves alcohol to a minor (someone under the age of 21).
For a driver involved in an accident with an intoxicated adult, this law is significant. It clarifies that legal responsibility will focus on the actions of the driver and the pedestrian, not the establishment that may have served the alcohol.
Why You Need an Experienced New Orleans Attorney
Navigating the aftermath of an accident with an intoxicated pedestrian is not something you should do alone. An experienced personal injury attorney can protect your rights and ensure your side of the story is heard.
In a recent complex case our firm handled, a driver was involved in an accident with a worker who unexpectedly moved into the path of their vehicle in a busy Downtown New Orleans work zone. The initial blame was pointed at our client, the driver. However, by meticulously reconstructing the accident and demonstrating the worker’s own negligence in failing to follow safety protocols, we were able to protect our client’s rights and ensure liability was fairly assigned under Louisiana’s comparative fault laws. This experience is critical when insurance companies try to shift 100% of the blame.
A dedicated attorney from Breaux Law Firm will:
- Conduct a Thorough Investigation: We will gather all evidence, including the police report, witness statements, and any available traffic or security camera footage, to build a clear picture of what happened.
- Handle All Communication: We will manage all communications with insurance adjusters, who are trained to get statements that can be used against you.
- Defend You Against Unfair Blame: We will build a strong case to demonstrate the pedestrian’s share of fault and protect you from being held responsible for their negligence.
- Meet All Deadlines: In Louisiana, the statute of limitations to file a personal injury lawsuit is two years from the date of the accident. If the accident resulted in a fatality, a wrongful death claim must be filed within one year. We will ensure all legal deadlines are met.
Get the Help You Need Today
If you have been involved in an accident with a pedestrian, you are facing a difficult and stressful legal battle. You do not have to go through it by yourself. At Breaux Law Firm, our family is here to help yours. We are committed to providing the personal attention and dedicated advocacy you deserve.
Contact us 24/7 to schedule a free, confidential consultation to discuss your case.
Frequently Asked Questions
Q1: What if the intoxicated pedestrian was jaywalking when I hit them? A: Jaywalking, or crossing outside of a designated crosswalk, can be strong evidence of the pedestrian’s negligence under Louisiana’s comparative fault law. However, drivers still have a general duty to see what they should see and avoid collisions when possible. Fault will be divided based on all factors, including your speed, your attentiveness, and the visibility at the time of the accident.
Q2: Do I have to report a minor pedestrian accident to the police in Louisiana? A: Yes. According to Louisiana law, you must report any accident that results in an injury or property damage exceeding $500. A police report creates an official, objective record of the incident and is a crucial piece of evidence for any insurance claim or lawsuit.
Q3: How long do I have to file a lawsuit after a pedestrian accident in Louisiana? A: For most personal injury claims, the statute of limitations in Louisiana is two years from the date of the accident. However, if the accident tragically resulted in the pedestrian’s death, a wrongful death lawsuit must be filed within one year of the date of death. It is critical to contact an attorney well before these deadlines expire.
Q4: Will my insurance rates go up if I hit a pedestrian who was at fault? A: This depends on your specific insurance policy and the details of the incident. Even if the pedestrian is found to be primarily at fault, any claim filed with your insurance company could potentially impact your premiums. An attorney can help you understand the potential consequences and advise you on the best path forward.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. The information presented is not intended to create, and receipt of it does not constitute, an attorney-client relationship. For specific guidance on your case, please contact a qualified attorney.
