Comparative Fault in Louisiana

Comparative fault is a legal principle that allocates responsibility for an accident between multiple parties. In Louisiana, the courts use a pure comparative fault system. This means that even if you are partially at fault for your injuries, you can still recover compensation—but your award will be reduced by the percentage of fault assigned to you.

For example, if you are in a car accident and found to be 25% at fault while the other driver is 75% at fault, you can still recover damages. However, your total compensation will be reduced by 25%. So, if you were awarded $100,000, you would ultimately receive $75,000.

In a personal injury case, it’s often up to the insurance companies, the attorneys, and the courts to determine the percentage of fault for each party involved. Factors that can influence the allocation of fault include:

• Speeding or breaking traffic laws at the time of an accident
• Distracted driving (e.g., using a cell phone or not paying attention)
• Failure to yield or follow road signs
• Lack of proper maintenance of a vehicle or property
• Dangerous conditions that were ignored or not properly addressed

Let’s say you’re involved in a slip-and-fall accident in a New Orleans restaurant. If it’s found that the restaurant didn’t properly maintain the flooring, but you were also distracted by your phone and didn’t notice the hazard, both you and the restaurant could share fault. The court would determine how much each party contributed to the accident.

The percentage of fault assigned to you directly impacts the amount of compensation you can recover for your injuries. In Louisiana, even if you are found to be 99% at fault, you can still collect 1% of the damages, thanks to the state’s pure comparative fault rule.

However, insurance companies may try to assign a higher percentage of fault to you to reduce the amount they have to pay. This is why it’s crucial to work with an experienced personal injury attorney who understands Louisiana’s comparative fault laws and can advocate for a fair assessment of your case.

If you're pursuing a personal injury claim, the opposing party may try to increase your percentage of fault to minimize their liability. For instance, in a car accident case, the other driver’s insurer might argue that you were speeding, even if the primary cause of the accident was their client running a red light. It’s important to gather evidence, such as police reports, eyewitness statements, and video footage, to build a strong case that reduces your level of fault.

An experienced personal injury attorney will work to ensure that any fault assigned to you is reasonable and supported by evidence. They will also fight to maximize the compensation you receive by carefully examining all factors in your case.