Call 911 even if you believe your injuries are minor. Louisiana law requires reporting any accident involving injury or death. A police report documents the crash, identifies the driver and vehicle, and preserves the official record of what happened. Do not let the driver convince you not to call the police — that report is essential to your claim.

If you have any pain in your neck, back, or spine, or if you feel numbness or tingling, do not attempt to stand or move until emergency medical personnel arrive. Moving someone with a spinal injury without proper support can cause additional damage. Stay still and wait for EMS.

Accept emergency medical treatment at the scene and follow up with a doctor the same day even if you initially feel okay. Pedestrian accident injuries — including internal bleeding, traumatic brain injuries, and fractures — frequently have delayed symptoms. A same-day medical record directly linking your injuries to the crash is one of the most critical documents in your case. Gaps in treatment give insurers grounds to argue your injuries were not serious or were caused by something else.

If you are physically able, photograph or video the scene before anything is moved or changed. Capture the vehicle that struck you, its license plate, the driver, skid marks, crosswalk markings or lack thereof, traffic signals, road conditions, and your visible injuries. Wide establishing shots and close-up detail shots are both valuable. If you cannot take photos yourself, ask a bystander to do it for you.

Get the driver’s full name, phone number, address, driver’s license number, license plate number, and insurance carrier and policy number. Note the make, model, color, and year of the vehicle. Do not rely solely on the police report — information sometimes gets recorded incorrectly, and you need your own record.

Get names and phone numbers from any bystanders who saw what happened. Witnesses who can confirm the driver ran a red light, failed to yield, was speeding, or was distracted are invaluable — particularly if the driver disputes fault. Witnesses leave the scene quickly. Get their contact information before they go.

Do not apologize, admit fault, or say you are “fine” at the scene — even if you feel okay. Louisiana follows pure comparative fault, meaning any statement that implies shared responsibility can reduce your recovery. Adrenaline masks pain, and injuries that seem minor at the scene often turn out to be serious. Simply tell police what happened factually.

If the driver’s insurance company contacts you, do not provide a recorded statement before speaking with an attorney. Adjusters are trained to ask questions that minimize your injuries, establish that you were jaywalking or distracted, or suggest you contributed to the crash. Politely decline and refer them to your attorney.

Pedestrian accident cases often involve serious injuries and significant damages. The at-fault driver’s insurer will work quickly to limit what they pay. An attorney levels the playing field, handles all communications with the insurance company, and fights to recover the full compensation you are owed. The consultation is free and you pay nothing unless we win.

Call 911 immediately and remain where you are. Provide police with as much information as possible about the fleeing vehicle — make, model, color, partial plate number, direction of travel, and any identifying features. Every detail matters in a hit-and-run investigation.

Note any businesses, traffic cameras, or residential security cameras in the area that may have captured the crash or the fleeing vehicle. Police can subpoena this footage, but it is often overwritten within 24 to 72 hours. Alert police to any cameras you notice and tell your attorney immediately so they can act to preserve the footage.

If you have your own auto insurance policy with uninsured motorist (UM) coverage, it may cover your injuries even though you were a pedestrian — not a driver — at the time of the crash. Louisiana requires insurers to offer UM coverage, and many policies extend to pedestrian injuries caused by uninsured or unidentified drivers. An attorney can review your policy and identify all available sources of compensation.

In Louisiana, you generally have two years from the date of the accident to file a personal injury lawsuit. If the driver was operating a government vehicle, or if a government entity is responsible for a road or crosswalk defect that contributed to the crash, the deadline may be as short as 90 days. Do not wait to speak with an attorney.

Louisiana follows pure comparative fault. Even if you were jaywalking, crossing outside a crosswalk, or wearing dark clothing at night, you can still recover compensation — but your damages will be reduced by your percentage of fault. Insurance companies routinely try to assign pedestrians partial blame to reduce what they pay. An attorney fights to keep your share of fault as low as the evidence supports.

Louisiana law requires drivers to yield to pedestrians in marked crosswalks and at intersections. However, pedestrians also have duties — they must obey traffic signals, use crosswalks where available, and not step into the path of an oncoming vehicle that cannot safely stop. Whether the driver or the pedestrian had the right of way is often a contested issue in these cases.

Louisiana’s direct action statute allows you to sue the at-fault driver’s insurance company directly, not just the driver. This is particularly useful when the driver has limited assets but carries adequate insurance — you can pursue the insurer for the full policy limits without having to first obtain a judgment against the driver personally.

Not always. While drivers are generally required to yield to pedestrians in crosswalks and at intersections, pedestrians also have legal duties — including obeying traffic signals, using crosswalks where available, and not stepping into traffic without warning. Louisiana’s pure comparative fault rule means both parties can share responsibility. However, drivers are held to a high standard of care, and in most cases the driver bears the greater share of fault.

You can still recover compensation under Louisiana’s pure comparative fault rule. Your damages will be reduced by your percentage of fault for jaywalking, but you are not barred from recovery entirely. The driver still had a duty to exercise reasonable care and avoid striking you if possible. An attorney can evaluate the facts and advise you on what your claim may be worth.

If the driver was uninsured, your own auto insurance policy’s uninsured motorist (UM) coverage may apply even though you were on foot at the time of the crash. Louisiana’s UM coverage can extend to pedestrian injuries caused by uninsured drivers. If you do not have your own policy, other sources of compensation may still be available. An attorney can identify every avenue of recovery in your specific situation.

Generally two years from the date of the accident. If a government entity is involved — for example, a city vehicle struck you or a defective crosswalk contributed to the crash — the deadline may be as short as 90 days. Do not wait to speak with an attorney.

You may be entitled to economic damages — emergency medical care, ongoing medical treatment, surgery, rehabilitation, lost wages, and reduced earning capacity — and non-economic damages including pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. In cases involving catastrophic injuries or wrongful death, the damages can be substantial.

Louisiana law allows surviving family members to file a wrongful death claim when a loved one is killed due to another’s negligence. Surviving spouses, children, and parents may be entitled to compensation for their loss. You generally have two years from the date of death to file a wrongful death claim in Louisiana. Contact us as soon as possible to understand your rights.

Nothing upfront. Mansfield Melancon handles pedestrian accident cases on a contingency fee basis — you pay nothing unless we recover compensation for you. If we win your case or reach a settlement, you pay an agreed percentage of the recovery. If we do not win, you owe us nothing.