Pedestrian Accident Complaint

PETITION FOR DAMAGES (PEDESTRIAN COLLISION) — LOUISIANA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Facts Common to All Claims
5. Count I — Negligence (Against Driver Defendant)
6. Count II — Negligence Per Se / Statutory Fault (Against Driver Defendant)
7. Count III — Vicarious Liability / Negligent Entrustment (Against Owner Defendant)
8. Damages
9. Comparative Fault Allegations
10. Prayer for Relief
11. Jury Demand
12. Verification and Certification
13. Signature and Service Information
14. Louisiana Practice Notes
15. Sources and References

1. CAPTION

STATE OF LOUISIANA

[NUMBER] JUDICIAL DISTRICT COURT

PARISH OF [PARISH NAME]

DIVISION "[____]"

DOCKET NO. [________________________________]

PETITION FOR DAMAGES (PEDESTRIAN COLLISION)

JURY TRIAL REQUESTED

The Petition of [PLAINTIFF NAME], a person of the full age of majority, respectfully represents:

2. PARTIES

1. Plaintiff, [PLAINTIFF NAME] ("Plaintiff"), is a person of the full age of majority and a domiciliary of the Parish of [PARISH], State of Louisiana, who at all relevant times was a pedestrian lawfully on or crossing the roadway.

2. Made defendant herein is [DRIVER NAME] ("Driver Defendant"), a person of the full age of majority who, upon information and belief, is domiciled in the Parish of [PARISH / STATE] and may be served at [SERVICE ADDRESS].

3. Made defendant herein is [OWNER NAME] ("Owner Defendant"), [a person of the full age of majority domiciled in the Parish of [PARISH] / a [STATE] [entity type] authorized to do and doing business in Louisiana], who was at all relevant times the owner of the vehicle operated by Driver Defendant, and who may be served at / through [SERVICE ADDRESS / REGISTERED AGENT].

4. [Include only if a La. Rev. Stat. § 22:1269(B)(1) circumstance applies:] Made defendant herein is [INSURER NAME] ("Insurer Defendant"), a liability insurer authorized to transact business in Louisiana that issued a policy covering Driver Defendant and/or the subject vehicle. Direct action is authorized because [STATE THE APPLICABLE § 22:1269(B)(1) GROUND]. Otherwise omit the insurer as a direct defendant.

3. JURISDICTION AND VENUE

5. This Court has subject-matter jurisdiction pursuant to La. Const. art. V, § 16 and La. Code Civ. Proc. art. 2.

6. Venue is proper in this Parish under La. Code Civ. Proc. arts. 42 and 74 because the offense or quasi-offense (the Collision) occurred in this Parish, and/or one or more Defendants are domiciled in this Parish.

4. FACTS COMMON TO ALL CLAIMS

7. On or about [__/__/____] at approximately [TIME], Plaintiff was a pedestrian crossing / walking along [ROADWAY] at or near its intersection with [CROSS-STREET / CROSSWALK / LANDMARK] in [CITY], Parish of [PARISH], Louisiana (the "Collision").

8. At the time of the Collision, Plaintiff was [SELECT / DESCRIBE: crossing within a marked crosswalk / crossing within an unmarked crosswalk at an intersection / crossing with the pedestrian "WALK" signal / lawfully walking along the roadway] and was exercising reasonable care for Plaintiff's own safety, observing all applicable traffic-control devices.

9. At the same time and place, Driver Defendant was operating a [YEAR / MAKE / MODEL] motor vehicle owned by Owner Defendant, traveling [DIRECTION] on [ROADWAY].

10. Driver Defendant negligently [DESCRIBE CONDUCT — e.g., failed to stop and yield the right-of-way to Plaintiff crossing in the crosswalk; turned into the roadway across the crosswalk into Plaintiff's path; failed to keep a proper lookout for pedestrians; drove at an excessive speed; drove while distracted; failed to slow or stop to avoid Plaintiff], causing Driver Defendant's vehicle to violently strike Plaintiff.

11. The Collision was caused by Driver Defendant's failure to detect, yield to, and avoid Plaintiff — an unprotected pedestrian whom a reasonably attentive driver, exercising the due care required by law, would have seen and avoided.

12. The [Louisiana State Police / [Local] Police Department / Sheriff's Office] investigated the Collision and [cited Driver Defendant for violation of La. Rev. Stat. § [SECTION] / determined Driver Defendant to be at fault].

13. As a direct result of the Collision, and because Plaintiff as a pedestrian was wholly unprotected by any vehicle structure or restraint system, Plaintiff was struck and thrown to the pavement and sustained serious, painful, and permanent bodily injuries, including [DESCRIBE INJURIES — e.g., fractures, traumatic brain injury, spinal injury, internal injuries, lacerations and scarring], requiring emergency transport to [HOSPITAL] and subsequent medical care.

5. COUNT I — NEGLIGENCE (Against Driver Defendant)

14. Plaintiff repeats and re-alleges Paragraphs 1 through 13 as though set forth herein in extenso.

15. Under La. Civ. Code arts. 2315 and 2316, Driver Defendant owed Plaintiff a duty to operate the vehicle with reasonable care, including the duty to keep a proper lookout for pedestrians, to stop and yield the right of way to pedestrians lawfully crossing the roadway, to maintain a reasonable and prudent speed, to exercise due care to avoid colliding with any pedestrian, and to obey Louisiana traffic law.

16. Driver Defendant breached that duty by, among other things:

• Failing to keep a proper and careful lookout for Plaintiff and other pedestrians;
• Failing to stop and yield the right of way to Plaintiff crossing the roadway within a crosswalk;
• Turning into the roadway across the crosswalk or path of Plaintiff when it was unsafe to do so;
• Operating the vehicle at an excessive or unreasonable speed under the conditions;
• Driving while distracted or inattentive and/or failing to maintain control of the vehicle;
• Failing to exercise due care to avoid colliding with Plaintiff and to sound the horn when necessary; and
• Otherwise failing to exercise the degree of care that a reasonably prudent driver would have exercised under the same or similar circumstances.

17. Driver Defendant's breaches were the cause-in-fact and the legal (proximate) cause of the Collision and of Plaintiff's injuries and damages.

18. [If properly joined under § 22:1269(B)(1):] Insurer Defendant is liable within the terms and limits of its policy for covered damages attributable to its insured.

6. COUNT II — NEGLIGENCE PER SE / STATUTORY FAULT (Against Driver Defendant)

19. Plaintiff repeats and re-alleges Paragraphs 1 through 18 as though set forth herein in extenso.

20. At the time of the Collision, Driver Defendant violated one or more provisions of Title 32 of the Louisiana Revised Statutes governing the operation of motor vehicles and the protection of pedestrians, including but not limited to:

• La. Rev. Stat. § 32:212 (Pedestrians' right-of-way in crosswalks): "When traffic-control signals are not in place or not in operation, the driver of a vehicle shall stop and yield the right-of-way, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the roadway upon which the vehicle is traveling or the roadway onto which the vehicle is turning.";
• La. Rev. Stat. § 32:214 (Drivers to exercise due care): "every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a highway.";
• La. Rev. Stat. § 32:64 (general speed law — careful and prudent speed); and/or
• La. Rev. Stat. § 32:58 (careless operation of a motor vehicle).

21. These statutes embody the standard of conduct of a reasonable driver and were enacted to protect a class of persons that includes Plaintiff — pedestrians lawfully using the roadway. While Louisiana analyzes statutory violations within its unitary duty-risk framework rather than as a rigid "negligence per se" rule, such violations are evidence of fault and breach of the duty of reasonable care.

22. Driver Defendant's statutory violations were a cause-in-fact and legal cause of the Collision and of Plaintiff's injuries and damages.

7. COUNT III — VICARIOUS LIABILITY / NEGLIGENT ENTRUSTMENT (Against Owner Defendant)

23. Plaintiff repeats and re-alleges Paragraphs 1 through 22 as though set forth herein in extenso.

24. Owner Defendant entrusted the subject vehicle to Driver Defendant when Owner Defendant knew or should have known that Driver Defendant was an incompetent, inexperienced, unfit, or reckless operator likely to create an unreasonable risk of harm to others.

25. In the alternative, at the time of the Collision Driver Defendant was acting within the course and scope of employment or agency with Owner Defendant, rendering Owner Defendant vicariously liable under La. Civ. Code art. 2320.

26. Owner Defendant's negligent entrustment and/or vicarious liability was a cause of Plaintiff's injuries and damages, for which Owner Defendant is liable in solido with the other Defendants.

8. DAMAGES

27. In accordance with La. Code Civ. Proc. art. 893(A)(1), Plaintiff does not plead a specific dollar amount of damages but avers that the damages exceed the amount required for a trial by jury and for the jurisdiction of this Court.

28. As a direct result of the Collision, Plaintiff has sustained and will continue to sustain damages including, but not limited to:

• a. Past and future medical, hospital, surgical, and rehabilitative expenses;
• b. Past and future physical pain and suffering;
• c. Past and future mental anguish and emotional distress;
• d. Permanent disability, disfigurement, scarring, and impairment;
• e. Loss of enjoyment of life;
• f. Past lost wages and future loss of earning capacity;
• g. Catastrophic injuries materially more severe than those sustained by occupants of enclosed vehicles, Plaintiff having been an unprotected pedestrian struck by a motor vehicle; and
• h. Legal interest from the date of judicial demand and all costs of these proceedings.

9. COMPARATIVE FAULT ALLEGATIONS

29. Plaintiff affirmatively avers that Plaintiff was free from fault in causing the Collision and that the Collision was caused solely by the fault of Defendants.

30. In the alternative, and pursuant to La. Civ. Code art. 2323 as amended (eff. Jan. 1, 2026), any comparative fault attributable to Plaintiff is less than fifty-one percent (51%), such that Plaintiff's recovery should be reduced only in proportion to Plaintiff's percentage of fault, if any, and not barred.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff, [PLAINTIFF NAME], prays that:

• A. Defendants be duly cited and served with this Petition and ordered to appear and answer;
• B. After due proceedings, there be judgment in favor of Plaintiff and against Defendants, in solido, for all damages reasonable in the premises, together with legal interest from the date of judicial demand until paid, and for all costs of these proceedings;
• C. All expert witness fees be taxed as costs; and
• D. Plaintiff be granted all such other and further relief, general and equitable, to which Plaintiff may be entitled.

11. JURY DEMAND

Plaintiff respectfully requests and demands a trial by jury on all issues so triable, pursuant to La. Code Civ. Proc. art. 1731 et seq., and tenders the requisite bond or cash deposit as ordered by the Court.

12. VERIFICATION AND CERTIFICATION

12.1 Verification

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Louisiana that I am the Plaintiff in the foregoing Petition, that I have read the Petition, and that the factual allegations therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]

[PLAINTIFF NAME]

Date: [__/__/____]

12.2 Article 863 Certification

Pursuant to La. Code Civ. Proc. art. 863, undersigned counsel certifies that counsel has read this Petition and that, to the best of counsel's knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose.

13. SIGNATURE AND SERVICE INFORMATION

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], La. Bar Roll No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

PLEASE SERVE:

• Driver Defendant, [DRIVER NAME], at [ADDRESS] through the [PARISH] Parish Sheriff (or via the Louisiana Long-Arm Statute, La. Rev. Stat. § 13:3201 et seq., if a nonresident);
• Owner Defendant, [OWNER NAME], at / through [ADDRESS / REGISTERED AGENT];
• Insurer Defendant, [INSURER NAME], through its registered agent for service of process, [AGENT NAME / ADDRESS] (or through the Louisiana Secretary of State / Commissioner of Insurance as authorized).

14. LOUISIANA PRACTICE NOTES

• Civil-law framing. The pleading is a "Petition for Damages," the trial court is the District Court of a Parish, and liability arises under La. Civ. Code art. 2315 (delictual/quasi-offense). There is no "Complaint" or "County" terminology.
• Prescription. Apply the two-year period of art. 3493.1 only to delictual actions arising on or after July 1, 2024; the prior one-year period governs earlier accrual. Prescription is the civil-law analogue to a statute of limitations.
• Comparative fault transition. For injuries on or after January 1, 2026, the modified 51% bar of amended art. 2323 applies; for earlier injuries, the former pure comparative fault rule applies even if suit is filed in 2026 or later. Plead consistently with the Collision date. The pedestrian's own duties (§§ 32:212(B), 32:213) drive the apportionment analysis.
• Direct Action Statute. La. Rev. Stat. § 22:1269 generally bars naming the liability insurer directly unless a subsection (B)(1) circumstance applies. Plead the specific ground; otherwise omit the insurer and follow subsection (D) for any joinder at judgment or settlement.
• UM/UIM and hit-and-run. A pedestrian struck by an uninsured, underinsured, or unidentified (hit-and-run) driver may have a first-party UM/UIM claim under his/her own auto policy or a resident relative's policy (La. Rev. Stat. § 22:1295), even though Plaintiff was on foot; UM coverage applies unless validly rejected in writing on the Commissioner's form. In a hit-and-run, promptly report to police and the carrier and preserve physical evidence. Coordinate any UM/UIM claim, notice, and setoff with this action.
• Pleading damages. Do not plead a specific dollar amount (art. 893); aver that damages exceed the jury-trial threshold.
• Jury demand and bond. A jury demand in Louisiana requires a timely request and the posting of bond/cash deposit; comply with art. 1731 et seq. and any local rule and order.
• Solidary liability. Allege solidary liability among the tortfeasors and the insurer where supported; note that comparative fault apportionment governs ultimate allocation.

15. SOURCES AND REFERENCES

• La. Civ. Code art. 3493.1 (two-year delictual prescription, eff. 7/1/2024) — https://legis.la.gov/legis/Law.aspx?d=1386443
• La. Civ. Code art. 2323 (comparative fault — modified 51% bar, eff. 1/1/2026; Acts 2025, No. 15) — https://legis.la.gov/Legis/law.aspx?d=109387
• La. Civ. Code arts. 2315, 2316, 2320 (delictual liability; liability for others)
• La. Code Civ. Proc. arts. 2, 42, 74, 863, 893, 1731 (jurisdiction; venue; certification; pleading damages; jury)
• La. Rev. Stat. § 22:1269 (Direct Action Statute); § 22:1295 (UM/UIM coverage)
• La. Rev. Stat. § 32:212 (pedestrians' right-of-way in crosswalks) — https://law.justia.com/codes/louisiana/revised-statutes/title-32/rs-32-212/
• La. Rev. Stat. § 32:213 (crossing at other than crosswalks) — https://www.legis.la.gov/legis/law.aspx?d=88188
• La. Rev. Stat. § 32:214 (drivers to exercise due care) — https://www.legis.la.gov/legis/law.aspx?d=88189
• La. Rev. Stat. §§ 32:58, 32:64 (careless operation; general speed law)
• La. Rev. Stat. § 13:3201 et seq. (Long-Arm Statute)
• Louisiana State Legislature — https://legis.la.gov/

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