Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
Fault in a car accident isn’t always black and white. Sometimes, both drivers—or even more than two parties—might share responsibility. If you’re wondering whether you can still seek compensation if you were partly at fault in a Louisiana car crash, the short answer is yes. However, how much you can recover depends on how the law views fault.
This guide explains how Louisiana’s pure comparative negligence system works, what steps to take after an accident, and how being partially at fault affects your claim. We’ll also share tips on protecting your rights and why getting legal help matters.
Louisiana follows a legal rule called pure comparative negligence. That means you can still recover compensation for your injuries even if you were mostly at fault—as long as someone else also shares some of the blame. However, your final payout is reduced by the percentage of fault assigned to you.
For example, if you’ve found 20% responsible for an accident and your damages total $50,000, you can still collect 80% of that—$40,000.
Under Louisiana law, the court will determine the degree or percentage of fault of all people who caused or contributed to another’s injuries, death, or losses, including the plaintiff. — Louisiana Civil Code Article 2323
This law applies in car accident lawsuits and even in cases where the at-fault party isn’t named in the lawsuit. If a court determines someone else was responsible—even partly—they’ll account for their share when calculating damages.
Fault is usually assigned after considering all the available evidence, including the police report, photographs of the crash, witness statements, and, if available, traffic camera footage.
Sometimes, the fault is apparent, like when a driver runs a red light or speeds through an intersection. But other times, things aren’t so simple.
For instance, if you were turning left and another driver hit you, both parties may share some blame depending on the circumstances.
It’s also important to note that insurance adjusters will perform their investigation and might try to assign a higher percentage of blame to you to reduce their payout. That’s why documenting everything and working with an attorney can make a big difference.
Even if you’re at fault in a car accident in Louisiana, you can still sue the other party. A car accident lawyer can determine what damages you can recover after the accident.
Being in a crash can be stressful, especially if you think you may be partly at fault. To protect your right to compensation, call 911 so the police can document the scene. Avoid admitting fault to anyone, even casually. Get medical attention right away, file your insurance claim promptly, and stay off social media until your case is resolved—insurers may use your posts to challenge your claim.
If you are partly to blame, you can still recover money—but not the full amount. Your total compensation will be reduced by the percentage of fault the court or insurance company assigns to you.
Let’s say you’re involved in an accident, and your damages total $100,000. If you’re found to be 30% at fault, your recovery drops to $70,000.
Here’s a quick look at how that works:
| Plaintiff’s Fault (%) | Total Damages ($) | Recoverable Compensation ($) |
| 0% | $100,000 | $100,000 |
| 10% | $100,000 | $90,000 |
| 25% | $100,000 | $75,000 |
| 50% | $100,000 | $50,000 |
| 75% | $100,000 | $25,000 |
| 90% | $100,000 | $10,000 |
| 99% | $100,000 | $1,000 |
Louisiana is one of the few states in the U.S. that follows the ‘pure comparative negligence’ law. Under this law, the amount of compensation that an injured person receives is determined by the degree of their fault for the accident.
There’s no cutoff. Even if you’re 90% responsible, you can recover 10% of your damages. That makes Louisiana unique compared to many other states.
When a fault is shared, things get complicated quickly. Insurance companies may try to shift more blame onto you to reduce how much they pay. A car accident lawyer helps you avoid mistakes, protect your rights, and gather the proper evidence to challenge unfair fault claims.
They also know how to handle negotiations and can represent you in court if your case goes that far. Having someone on your side helps ensure your story is heard and that you get a fair outcome.
Yes. Louisiana law allows you to seek compensation even if you were partly at fault. Your final compensation will be reduced based on your share of the blame.
The fault is determined using police reports, witness statements, physical evidence, and sometimes expert analysis. Insurers and courts consider all available facts to assign fault.
You may recover medical bills, lost income, vehicle damage, and pain and suffering. Your recovery amount is reduced based on your share of responsibility.
Your insurance premiums may go up if your provider determines you are at fault. Each insurer uses different criteria, so increases vary.
No. Avoid admitting fault to anyone. Stick to the facts and let investigators decide who was responsible based on the evidence.
In order for you to concentrate on your recuperation, a lawyer can assist in lowering your assigned culpability proportion, obtaining solid proof, and interacting with the insurance company.
Just because you were partially at fault in a car accident doesn’t mean you lose your right to compensation. In Louisiana, the law gives you a chance to recover damages—even if you were primarily responsible. The key is knowing what to do after the crash and understanding how pure comparative negligence works.
If you’re dealing with an accident where blame is being shared, working with a legal team can make a big difference. At Charbonnet Law Firm, LLC, we’ve helped many people in similar situations. Our team is here to listen to your story, review your case, and guide you through your next steps.
Let us help you protect your rights and build a strong claim—no matter how the accident happened.
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.
