Comparative Fault in Louisiana: How It Affects Compensation in Car Accidents
Louisiana’s car accident laws don’t follow a simple yes-or-no approach to blame. Instead, the state uses a system called comparative fault, where multiple people can share responsibility for a crash, and the percentage of fault assigned to each person directly affects how much compensation they can recover.
At Morris Bart, we often see how misunderstandings about fault lead people to assume they can’t pursue a claim. That’s why knowing how Louisiana’s comparative fault rules work matters when you’re trying to recover compensation after a car wreck.
What Is Comparative Fault Under Louisiana Law?
Louisiana Civil Code Article 2323 requires courts or juries to assign a percentage of fault to every person whose actions contributed to an accident, even if that person isn’t part of the lawsuit. This process applies across all types of personal injury cases, including car accidents, slip and falls, workplace injuries, and other negligence claims.
If an injured person is found partially responsible for an accident, their compensation is reduced by the same percentage of fault assigned to them. This framework applies even when some negligent parties cannot be identified, are not sued, or do not have insurance.
There is a limited exception. When another party’s conduct is found to be intentional, an injured person’s damages may not be reduced based on their own negligence. This carve-out is narrow and case-specific, but it exists to prevent intentional wrongdoers from avoiding responsibility by pointing to minor mistakes made by the victim.
How Comparative Fault Impacts Your Compensation
Comparative fault does more than determine how responsibility is assigned after an accident; it directly affects whether compensation is available and how much an injured person may recover. Under Louisiana law, damages are reduced based on an injured person’s percentage of fault. Beginning in 2026, however, fault allocation can also act as a complete bar to recovery.
Under Louisiana’s former pure comparative fault system, an injured person could recover damages regardless of how much fault they shared, so long as another party was also negligent. Under the current modified comparative fault system, an injured person may recover compensation only if they are found to be less than 51% at fault. If their share of fault reaches 51% or more, recovery is barred entirely.
For example, in a $100,000 injury claim:
- At 25% fault, recovery may be reduced to $75,000
- At 50% fault, recovery may be reduced to $50,000
- At 51% fault, no compensation may be recovered
This shift makes fault determinations far more consequential than before. Even small changes in how fault is allocated can now mean the difference between a reduced recovery and no recovery at all. As a result, clearly establishing how an accident occurred and who was responsible is critical to protecting an injured person’s ability to recover compensation, especially since insurers will have an incentive to push injured drivers above that 51% threshold, which would eliminate recovery altogether.
Real-World Examples of Shared Fault in Louisiana Crashes
Understanding how comparative fault plays out in real situations can help you recognize when you might still have a valid claim, even if you made a mistake.
Road Hazard Conditions
If a driver hits a pothole and slows or swerves, but the driver behind them was following too closely, both may share fault. The city might even bear some responsibility for failing to repair the road.
Flooding Crashes
After a heavy rain, a driver may hydroplane due to standing water. If another driver nearby was speeding, following too closely, or not driving appropriately for weather conditions, each may be assigned a portion of fault for the resulting crash.
Rear-End Collisions
The rear driver is often blamed, but the front driver may share fault if their brake lights were out or if they stopped suddenly without reason.
Multi-Vehicle Pileups
Chain-reaction crashes often involve several drivers who were following too closely, driving too fast for conditions, or reacting at different speeds. Fault is typically divided among multiple vehicles.
Mardi Gras and Festival Accidents
During parade season, pedestrian traffic increases dramatically, vehicles stop unexpectedly, and visibility is often limited. In that environment, car accidents can happen — and with heavier foot traffic, pedestrian accidents become more common as drivers and walkers alike navigate crowded parade routes.
For example, a pedestrian may step into the roadway outside a designated crossing while a driver is distracted by crowds, signage, or a mobile device. In situations like these, fault may be divided based on each party’s actions leading up to the collision.
In any scenario, strong evidence plays a critical role in how fault is assigned. Photos, video footage, crash reports, witness statements, and expert analysis can make the difference between a fair settlement and an unfair denial.
Why the 2026 Comparative Fault Change Matters
Even a slight increase in your assigned percentage of fault could eliminate your ability to recover entirely. Insurance companies know this. They will likely push harder to assign higher percentages of fault to claimants to avoid paying. Having an attorney who can respond quickly, gather evidence, and push back against unfair fault assessments will be needed under the new system.
Early investigation and strong evidence are needed now more than ever.
How Morris Bart Helps in Comparative Fault Cases
At Morris Bart, we understand how much even a small shift in fault percentage can matter. Our team:
Investigates the crash thoroughly: We gather police reports, witness statements, and physical evidence while it’s still fresh.
Collects and preserves all available evidence: We obtain surveillance footage, dashcam video, and accident scene photos before they disappear.
Challenges inflated or unfair fault assessments: We push back when insurance companies try to blame you for things you didn’t do.
Negotiates aggressively with insurers: We fight for fair compensation that reflects the true fault percentages.
Prepares every case like it may go to trial: We build strong cases that hold up in court if settlement negotiations fail.
With decades of experience handling Louisiana car accident cases, we know how courts and juries evaluate fault, and we use that experience to position your case for the best possible outcome.
What You Should Do After a Car Accident in Louisiana
If you’ve been in a crash where fault may be shared:
- Document everything: Take photos of all vehicles, road conditions, traffic signs, and your injuries
- Get witness information: Names and phone numbers of anyone who saw what happened
- Seek medical care right away: Even if you feel fine, get evaluated
- Don’t admit fault: Avoid saying “I’m sorry” or making statements about who caused the crash
- Contact an attorney early: Legal help matters more than ever with the 2026 changes coming
Understanding Your Rights Under Louisiana Law
In most cases, you have two years from the date of your accident to file a personal injury lawsuit under Louisiana Civil Code Article 3493.1. Missing this deadline means losing your right to pursue compensation through the courts.
Don’t let confusion about fault keep you from getting the compensation you deserve. Even if you think you might be partially responsible for a crash, you may still be entitled to recover damages under Louisiana law.
Get Help Today
If you’ve been injured in a car accident anywhere in Louisiana, the attorneys at Morris Bart are here to help. We offer free consultations where we’ll review your case, explain how comparative fault applies to your situation, and outline your options for recovery.
With Louisiana’s modified comparative fault rules now in effect, early action protects your rights and strengthens your case.
With offices throughout Louisiana, including New Orleans, Metairie, Baton Rouge, Lafayette, and Shreveport, we’re ready to fight for the compensation you deserve. Don’t wait—contact Morris Bart today.
Questions?Call us, Louisiana.
800-537-8185
