Nationally, the majority of pedestrian deaths happen in urban areas rather than on rural roads, and New Orleans has the kind of dense, foot-heavy streets where that risk plays out daily (NHTSA). Drivers turning right on red are supposed to watch for people crossing before they go, but too many treat it as a formality. Add in intersections where pedestrian signals are missing, outdated, or simply not working, streetcar tracks running through pedestrian-heavy areas, and visitors unfamiliar with how local traffic actually moves, and the result is a city where a routine walk to dinner can end in the emergency room.
Frischhertz & Impastato represents pedestrians hurt in these crashes, whether the injured person is a lifelong resident crossing at their neighborhood corner or a visitor navigating the French Quarter for the first time. Because a pedestrian has no metal frame or airbag between them and the vehicle that hit them, these injuries tend to be serious even at low speeds, and the legal fight that follows often centers on a single question: who had the right of way.
Who Has the Right of Way, According to Louisiana Law
Louisiana law does not leave right-of-way to interpretation. A driver must stop and yield to a pedestrian already crossing within a crosswalk, marked or unmarked, whenever traffic signals are not directing the intersection (La. R.S. 32:212). That same duty to yield applies to a driver turning right on red or making a turn on a green light, both of which require stopping for anyone lawfully in the adjacent crosswalk before proceeding (La. R.S. 32:232).
The rule runs the other way too: a pedestrian crossing outside of a marked or unmarked crosswalk is required to yield to vehicles already on the road (La. R.S. 32:213).
Non-Crosswalk Pedestrian Accidents
Insurance companies lean hard on that last rule. If a pedestrian was crossing mid-block, or between intersections where a marked crosswalk is required, an adjuster will often argue the pedestrian bears most or all of the blame, regardless of how fast the driver was going or whether they were paying attention. Since Louisiana adopted its modified comparative fault system, this argument carries more weight than it used to: a pedestrian found 51 percent or more at fault for a crash cannot recover any compensation at all (La. Civ. Code art. 2323). Whether a pedestrian was actually at fault, and by how much, is often the entire case.
What Causes Pedestrian Accidents?
In New Orleans, pedestrian accidents often involve:
Drivers turning right on red without fully checking for pedestrians already in the crosswalk
Left-turning drivers focused on gaps in oncoming traffic rather than pedestrians crossing with them
Intersections with faded, missing, or malfunctioning pedestrian signals
Distracted or impaired driving, particularly in nightlife corridors and around event traffic
Limited visibility around streetcars, parked vehicles, and narrow historic streets
Poor lighting on residential and mixed-use streets after dark
Pedestrians May Be Injured at Any Speed
A vehicle traveling at what feels like a modest speed can still cause a fracture, a head injury, or nerve and ligament damage severe enough to require surgery and months of physical therapy. Because there is no vehicle frame absorbing that impact, we tend to see injuries in pedestrian cases that are disproportionate to how "minor" the collision might look on a police report, which is exactly the disconnect insurers count on when they offer an early, low settlement.
Our team helps after pedestrian accidents in New Orleans involving catastrophic injuries and wrongful deaths. Our team's considerable personal injury experience helps us build compelling cases that establish fault and support full compensation for all injuries and losses.
Finding Answers for Injured Pedestrians
After a pedestrian accident in New Orleans, adjusters often build their initial position around whichever party is easiest to blame, and a pedestrian without a car to inspect or a black box to pull data from can be an easy target. We work from traffic camera footage, signal timing records, witness accounts, and the specific right-of-way rule that applied at the moment of impact to build a version of events that holds up, not just one that is convenient for the insurer.
Across the firm, we have recovered more than $700 million for injured clients and have more than 85 years of collective experience. Our New Orleans pedestrian accident attorneys are known for taking on the arguments insurance companies use to shift blame onto the person who was on foot.
Contact Frischhertz & Impastato at (504) 276-6962 for a free consultation after a pedestrian accident. You pay nothing unless we recover compensation for you.
A compilation of the Frischhertz & Impastato attorneys and staff at work and interacting with clients.
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