Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
A fatal crash changes a family in an instant. A routine drive on I-10 or Airline Highway can result in relatives reading a police report, speaking with insurers, and making decisions while grieving. Questions often appear, such as who caused the crash? Who has the right to file? How much time does the family have?
Many families contact a New Orleans fatal crash attorney early, before important evidence is lost or destroyed. This guide helps you understand Louisiana crash data, wrongful death and survival claims, shared fault, and filing deadlines.
Louisiana recorded 706 fatal crashes and 753 traffic deaths in 2024. Although that was the lowest total in five years, hundreds of families still lost someone.
New Orleans also has heavy traffic, busy intersections, elevated highways, rain, and interstate travel.
Alcohol was involved in an estimated 196 fatal crashes in Louisiana in 2024.
When an intoxicated driver causes a death, the criminal case and the family’s civil claim are separate. The state may pursue charges such as vehicular homicide, while the family may seek compensation.
A conviction is not required. Civil Code article 2315.4 may allow exemplary damages when an intoxicated driver acted with wanton or reckless disregard and caused the death.
Louisiana law may provide two claims after a fatal accident. A wrongful death claim under Civil Code article 2315.2 covers losses suffered by eligible relatives, including loss of company, support, guidance, household services, and funeral expenses.
A survival claim under Civil Code article 2315.1 covers losses the victim experienced before death, including medical expenses, lost income, pain, fear, and emotional suffering.
Louisiana gives priority to relatives in this order:
Only the highest surviving group can usually bring the claim.
Louisiana assigns each person a percentage of fault. For crashes before January 1, 2026, Louisiana used pure comparative fault. A family could still recover if the victim carried most of the blame, but the amount was reduced.
For crashes on or after January 1, 2026, a victim found 51% or more at fault cannot recover. A victim below 51% may recover, reduced by that percentage.
If damages total $600,000 and the victim is 20% at fault, the possible recovery is $480,000. At 50% fault, it is $300,000. At 51% or more, recovery is barred.
An insurer’s first fault decision is not final. Police reports, photographs, video, witness statements, vehicle damage, electronic data, and reconstruction may affect the percentage.
Louisiana’s current rule is not simply two years from the date of death.
Wrongful death and survival claims generally must be filed before the later of:
When death occurs at the scene, the two-year period will usually be longer. When death occurs later, one year from death may create the later deadline.
Older claims and medical malpractice deaths may follow different rules.
Families should not wait. Vehicles may be repaired, footage erased, and witnesses harder to locate. Insurance negotiations do not always stop the filing clock.
|
Question |
What Louisiana Law Says |
| Who can file? | Spouse and children first, followed by parents, siblings, and grandparents |
| What claims exist? | Wrongful death and survival claims |
| How is fault split? | By percentage, with a 51% bar for crashes on or after January 1, 2026 |
| What is the deadline? | One year from death or two years from injury, whichever ends later |
| What if the driver was uninsured? | UM/UIM or other coverage may apply |
| What if the driver was impaired? | The civil case is separate, and exemplary damages may be available |
Not exactly. A fatal crash may create a wrongful death claim for the family’s losses and a survival claim for what the victim experienced before death.
The current rule generally allows one year from death or two years from the underlying injury, whichever period ends later.
For crashes on or after January 1, 2026, compensation is reduced when the victim is below 51% at fault. Recovery is barred at 51% or more.
Possibly. Uninsured or underinsured motorist coverage, commercial insurance, employer coverage, or another policy may apply.
The criminal and civil cases are separate. A family may pursue compensation without waiting for a criminal conviction.
Losing someone in a preventable crash is one of the hardest experiences a family can face. Evidence and legal deadlines do not pause while a family grieves. Getting answers early can protect your options without committing you to a lawsuit.
Charbonnet Law Firm has represented New Orleans families for three generations. If you lost a loved one in a Louisiana crash, call (504) 888-2227 or schedule a free consultation while there is still time to act.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
