After a car accident, fault isn’t always as simple as one driver being 100% responsible and the other driver being completely innocent.
Maybe you were speeding slightly when another driver pulled out in front of you. Maybe you changed lanes at the same time another driver made an unsafe maneuver. Situations like these can leave you wondering: Can I still recover compensation if I was partially at fault?
In Louisiana, the answer may be yes.
How Does Comparative Fault Work in Louisiana?
Louisiana uses a modified comparative fault system. Under Louisiana law, if you are less than 51% at fault, you may still be able to recover damages. However, your compensation is reduced according to your percentage of fault.
For example, imagine you suffer $100,000 in damages after an accident and are found to be 20% at fault. Your potential recovery would be reduced by 20%, leaving $80,000.
However, Louisiana law changed effective January 1, 2026. If you are found to be 51% or more at fault, you are not entitled to recover damages.
Who Decides How Much Fault You Have?
Fault can become one of the biggest disagreements in an accident claim.
Insurance companies may have their own interpretation of what happened, but that doesn’t necessarily mean their assessment is the final word. Evidence can be important when determining how an accident happened and who was responsible.
Depending on the case, useful evidence may include:
- Police reports
- Photos and videos from the accident scene
- Dashcam or surveillance footage
- Witness statements
- Vehicle damage
- Medical records
- Accident reconstruction evidence
This is also why it’s important to be careful about making statements such as “I’m sorry” or “It was my fault” immediately after an accident when you may not yet know everything that contributed to the crash.
What If the Insurance Company Says You Were Mostly at Fault?
Don’t automatically assume the insurance company’s determination is correct.
An insurance company may argue that you share more responsibility for the accident than you believe you do. Because your percentage of fault can directly affect whether you recover compensation and how much you may receive, determining fault can be an important part of your claim.
An attorney can review the evidence, investigate what happened, and help you understand how Louisiana’s comparative fault rules may apply to your particular situation.
Injured in an Accident? Let’s Talk.
If you were injured in an accident in Louisiana and you’re worried that you may have been partially responsible, don’t assume that you don’t have a case.
Cueria Law Injury Lawyers can review what happened and help you understand your options.
📞 Call (504) 525-5211 for a free consultation.
You don’t pay attorney’s fees unless we win your case.
This article is for general informational purposes and is not legal advice. Every case is different.
