Pedestrian Accidents Generations of Trusted Advocacy

Pedestrian Accident Attorney in Houma

Name: Waitz & Downer
Address: 423 Goode Street,, Houma, LA, 70360
Telephone: (985) 331-7832

Serving Injured Pedestrians in South Louisiana Since 1971

When a vehicle strikes a pedestrian, the injuries are rarely minor. Medical bills accumulate fast, income stops, and insurance adjusters start calling before you’ve had time to think. At Waitz & Downer, we’ve represented injured South Louisiana residents since 1971, and we understand what’s at stake in these cases. Pedestrians have no physical protection against the force of a collision, and the path to fair compensation requires building a complete evidentiary record before engaging the insurance company.

Our firm is a three-generation family practice, founded by Joseph L. Waitz and carried forward by his children and grandson alongside Hunt Downer, former Louisiana Speaker of the House, and a respected local team. With over 100 years of combined legal experience, we handle pedestrian accident cases as part of our personal injury practice throughout Houma, Terrebonne Parish, and the surrounding South Louisiana parishes. We pursue full compensation rather than quick settlements, and when insurers won’t offer a fair resolution, we take the case to trial.

If you or a family member was struck by a vehicle in Houma or the surrounding area, call our pedestrian accident attorneys today at (985) 331-7832 for a free, confidential consultation.

Negligence Law & How It Applies to Pedestrian Accident Claims

To recover compensation in a Louisiana pedestrian accident claim, an injured person must establish four elements of negligence: duty, breach of that duty, causation, and damages. Louisiana law generally requires drivers to yield the right of way to pedestrians crossing the roadway the driver is already on or turning onto, when traffic-control signals aren’t in place or aren’t in operation. Pedestrians, in turn, can’t suddenly leave a curb without giving a driver a reasonable opportunity to stop. Both parties carry responsibilities under the law.

Common driver behaviors that establish a breach of duty include distracted driving, speeding, failure to yield at crosswalks, running red lights or stop signs, and driving under the influence. Louisiana follows a comparative fault system, and an injured pedestrian who shares some fault may still recover damages, reduced in proportion to their share of fault.

Government-Entity Liability in Houma Pedestrian Accident Cases

Not every pedestrian accident involves only a private driver. If a poorly marked intersection, deficient road maintenance, or a city or parish vehicle contributed to the accident, the City of Houma or Terrebonne Parish may share liability. These claims carry additional procedural requirements that make prompt action critical.

When a government entity is a potential defendant, Louisiana law may require additional notice or procedural steps within a shortened timeframe. Missing an applicable deadline can permanently eliminate the right to recover. Louisiana Revised Statute 13:5106 also limits damages recoverable against a government unit or political subdivision to $500,000. Because these notice deadlines can run independently of the standard filing period, anyone who believes a government entity may share responsibility should consult an attorney as soon as possible.

Why Houma Pedestrian Accident Victims Choose Waitz & Downer

Our firm brings named, documented capability to every pedestrian accident case we handle. Attorney Joseph Waitz III has achieved millions in judgments and settlements for injured clients since joining the firm in 2014. Attorney Gary Williams Jr. has practiced Louisiana law since 2015 and currently serves as incoming president of the Terrebonne Parish Bar Association. Hunt Downer contributes over 50 years of legal experience and more than a decade of service in the Louisiana House of Representatives, including as Speaker.

Insurance companies know when a firm is prepared to go to trial, and that willingness shapes every negotiation. We investigate claims thoroughly, build the evidence that supports a full damages picture, and don’t settle for the first offer. Pedestrian accident injuries frequently involve long-term treatment, rehabilitation, and lasting effects on earning capacity. Thorough damages documentation matters.

Trial-Ready Representation: We negotiate from a position of genuine willingness to litigate when insurers fall short of fair value.
Direct Attorney Communication: Clients speak with their attorneys, not just staff, and receive consistent updates throughout the process.
Contingency Fee Basis: You pay nothing unless we recover compensation for you.
Free, Confidential Consultations: No obligation, no cost, and no pressure from the first call forward.

Compensation Available in a Louisiana Pedestrian Accident Claim

Louisiana law recognizes two broad categories of damages in pedestrian accident cases: economic and non-economic. Understanding what falls into each category is the first step toward building a complete claim.

Economic Damages
These cover the measurable financial losses caused by the accident, including past and future medical expenses, rehabilitation costs, lost wages, and any reduction in long-term earning capacity. Thorough documentation of all treatment and missed work is essential to presenting the full scope of these losses.

Non-Economic Damages
Pain and suffering, emotional distress, disfigurement, disability, and loss of enjoyment of life are all compensable under Louisiana law. These losses are real even when they don’t appear on a bill, and they require careful presentation to be valued appropriately by insurers or a jury.

Wrongful Death Damages
When a pedestrian accident results in death, surviving family members may pursue a wrongful death claim. Recoverable losses include funeral and burial expenses, loss of financial support, and loss of companionship. These claims carry their own filing deadlines, and surviving family members should consult an attorney promptly.

When an at-fault driver was intoxicated and acted with wanton or reckless disregard for the safety of others, Louisiana Civil Code Article 2315.4 allows a court to award exemplary damages beyond compensatory amounts. Punitive damages aren’t available in every pedestrian accident case. They apply in a narrow set of circumstances, with intoxicated driving being the most recognized example. Thorough documentation from the start gives us the foundation to pursue every category of damages the facts and law support.

This firm is exceedingly generous to its clients and the community at large.
“Excellent law firm. Attorney Hunt Downer is a very down to earth guy who likes to keep it simple.”

- Joseph G.
I would recommend them to anyone needing a personal injury attorney.
“Waitz and Downer has handled legal affairs for my family for years. My daughter was involved in a head on collision with a drunk driver. The insurance company did not want to pay for my daughter to purchase a new car, hers was totaled. Waitz and Downer handled the matter very professionally and things were settled very quickly.”

- Lie Ann M.
Mary W. Riviere and her team are outstanding!
“Mary is sharp, professional, and friendly. She strives to meets the needs of her clients, and she truly invest in them and their cases. She is easily assessable, and she is exceptionally honest and trustworthy. She is an excellent attorney, and I highly recommend her!
”

- Dana P.

How We Handle Pedestrian Accident Cases

We begin by building the factual record before we engage the insurance company. That means gathering evidence from the accident scene, obtaining the police report, identifying witnesses, securing medical records from initial treatment, and preserving anything that documents what happened and what it’s cost you. Evidence degrades quickly: surveillance footage gets overwritten, skid marks disappear, and witness recollections fade. Starting early protects the strength of your claim.

Once we have a complete picture of the damages, we negotiate directly with the at-fault driver’s insurer and any other responsible parties. We don’t recommend accepting a settlement that undervalues your injuries and long-term losses. When a fair resolution can’t be reached at the table, we proceed to trial. Speaking with our team before you give a recorded statement to the other driver’s insurance company can make a meaningful difference in your case.

Talk to a Pedestrian Accident Lawyer in Houma at No Cost

Waitz & Downer offers free, confidential consultations to pedestrian accident victims and their families throughout Houma, Terrebonne Parish, Lafourche Parish, Assumption Parish, St. Mary Parish, and the broader South Louisiana region. There’s no obligation and no cost to speak with us. Call our pedestrian accident lawyers at (985) 331-7832 or contact us online to get started.

Louisiana Filing Deadlines for Pedestrian Accident Claims

Louisiana law sets a strict deadline (called the prescriptive period) for filing a personal injury lawsuit after a pedestrian accident. For accidents occurring on or after July 1, 2024, Louisiana Civil Code Article 3493.1 provides a two-year prescriptive period running from the date of injury. Pedestrian accidents that occurred before July 1, 2024, remain subject to the prior one-year prescriptive period. Missing the applicable deadline means the claim is prescribed and the right to pursue compensation is permanently lost.

Even with a two-year window under the new rule, waiting carries real risk. Surveillance footage is routinely overwritten within days, physical evidence at the scene disappears quickly, and witness memories become less reliable over time. Acting promptly preserves the evidence that builds a strong claim.

Wrongful death claims arising from pedestrian accidents carry their own deadlines, and surviving family members should confirm which rule applies to their specific situation. When a government entity may be liable, separate and shorter notice deadlines run independently of the standard prescriptive period. This makes early legal consultation especially important in those cases.

Over Five Decades of Legal Practice Protecting Families for Generations

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Strength with Heart

Big-firm results, small-town heart—we treat every client like one of our own.
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From oilfields to open waters, we fight for the injured and the families left behind.
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Three generations strong, our family’s legacy is protecting yours when tragedy strikes.
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Born from the region we serve, we stand with our neighbors through every storm and every fight for justice.

Pedestrian Accident Risks in Houma & Terrebonne Parish

Houma sits at the center of a network of arterial roads, U.S. highways, and parish roads that carry significant commercial and industrial traffic. Intersections along commercial corridors and areas near industrial facilities see elevated pedestrian risk. In parts of Terrebonne Parish, pedestrian infrastructure such as sidewalks and crosswalk markings can be limited, leaving walkers more exposed than they’d be in areas with more developed road systems.

Our attorneys grew up and live in the communities we serve. We know Terrebonne Parish’s courts, its local insurance landscape, and the roads where these accidents happen. Waitz & Downer has stood with South Louisiana residents through industrial disasters, devastating storms, and the everyday injuries that upend lives without warning. That institutional familiarity shapes how we build and present pedestrian accident cases. We serve clients in Houma, Terrebonne Parish, Lafourche Parish, Assumption Parish, St. Mary Parish, and throughout South Louisiana.

Common Causes & Injuries in Pedestrian Accidents

Pedestrian accidents follow recognizable patterns. The most common driver behaviors include distracted driving, failure to yield at crosswalks, speeding, running red lights or stop signs, and impaired driving. Pedestrians face the highest risk at intersections, parking lot entrances, driveways, and in low-light conditions such as dawn, dusk, and nighttime.

Because pedestrians have no physical protection, collisions with vehicles frequently produce severe injuries. Traumatic brain injuries, spinal cord injuries, broken bones, and internal injuries are common outcomes. In the worst cases, the collision is fatal. Injuries may not be fully apparent immediately after the incident. That’s one reason prompt medical evaluation matters, regardless of how you feel at the scene.

Hit-and-run incidents add legal complexity to an already difficult situation. When the at-fault driver flees, other sources of recovery, including uninsured motorist coverage, may still be available. Our pedestrian accident attorneys can identify those options and help you pursue every avenue available under Louisiana law.

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With Generations of Strength

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