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Getting hit by a car is scary and painful. Dealing with the fallout should not make things harder. In Louisiana, figuring out who is at fault after a crash is not always simple. Drivers must stop for walkers in crosswalks, but other details matter, too. Things like how bright it was outside, where you stepped into the street, and how close the car was can affect how an insurance claim is handled.
At Gauthier Amedee Injury Lawyers, we take care of the legal steps so you can focus on getting better. We look closely at what happened, and work hard to protect your rights. Andre P. Gauthier has helped injured people in Louisiana since 1992. His courtroom work earned him a spot among the Top 100 Trial Lawyers by the American Trial Lawyers Association from 2009 to 2015.
If you were hurt while walking in Livingston Parish, reach out to us today. We are ready to listen, answer your questions, and help you find the best way forward.
You might have just been crossing to grab the mail, walking home from a friend’s house, or heading across a parking lot after running errands. Then, out of nowhere, a driver doesn’t see you. In a fraction of a second, your everyday routine halts, replaced by doctor visits, physical pain, and worries about missing work.
At Gauthier Amedee Injury Lawyers, we step in to help people navigate situations like:
Every situation comes with its own challenges, and it is natural to feel overwhelmed by all the questions that come up afterward. We take care of the heavy lifting so you have the support you need to heal.
Louisiana does not give every walker an automatic right of way. Under La. Rev. Stat. § 32:212, the duty to stop and yield to a pedestrian in a crosswalk applies when the traffic signal is off or missing. The same law says a pedestrian cannot suddenly step off a curb into a car that is too close to stop.
That split duty can be where insurance companies look for an opening. If a crash happened outside a marked crosswalk, or if the signal was working at the time, the driver’s company will often argue the pedestrian should have waited. Even so, a separate law, La. Rev. Stat. § 32:214, requires every driver to use due care to avoid hitting a pedestrian on any roadway.
The real question in most cases is not just where the pedestrian was standing, but whether the driver had enough time and distance to avoid the collision at all. A close look at skid marks, sightlines, and speed often answers that question better than the crosswalk lines do.
For crashes on or after January 1, 2026, Louisiana uses a rule called modified comparative fault to decide how much a pedestrian can recover. Under this rule, a judge or jury reduces your compensation by your own percentage of fault, so a pedestrian found 20% at fault recovers 20% less. If that percentage reaches 51% or more, the law bars recovery entirely.
That makes the fault argument over a pedestrian crash about more than pride. A single percentage point near that line can decide whether a claim pays anything at all. Because the driver’s insurer has every incentive to push that number up, how the crash gets investigated often matters as much as the injury itself.
A police report is not the final word on fault. Louisiana courts decide fault using comparative fault rules, and a report written minutes after a crash can get facts wrong about distance, speed, or who had the right of way. A Livingston pedestrian accident lawyer can gather witness statements, camera footage, or phone data the report may have missed.
A hit-and-run crash does not end your claim. The driver can often still be identified through traffic cameras, debris left at the scene, or nearby witnesses. Your own insurance may provide coverage when the at-fault driver is never found. Reporting the crash right away gives investigators the best chance to find them.
Louisiana generally gives injured pedestrians two years from the date of the crash to file a lawsuit for injuries. That deadline can work differently for certain claims, such as claims against a government agency, which come with their own filing rules. In most cases, a child’s injury claim does not get extra time. Because evidence disappears quickly, it helps to start building your claim well before that deadline arrives.
The days right after a crash can move quickly. While you are resting and visiting doctors, early questions about the accident are already being asked. Andre P. Gauthier and our team can explain how Louisiana’s crosswalk rules apply to your crash, helping you understand where things stand before any decisions are made.
As your dedicated and trusted Gonzales, LA, personal injury law firm, part of our responsibilities are defending your rights to
fair compensation against the aggressive, strong-arm tactics of insurance companies. We have spent decades fighting against
these tactics. We know how to stand up to them, that’s why we’re your Go2Laywers. The next time insurance adjusters come
calling, don’t talk to them. Direct them to your attorneys at Gauthier Amedee Injury Lawyers.
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