Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
After a car accident, one of the first things you may need to figure out is who was responsible. That is not always as simple as blaming the driver who hit you. Another driver may share some of the fault, or the person driving may not even own the vehicle.
Louisiana looks at what each person did before and during the crash when deciding fault. In some cases, more than one person or business may be responsible.
The rules also changed on January 1, 2026, so the date of your accident can affect how fault changes your recovery. A Louisiana car accident attorney can help you look at the evidence, identify who may be responsible, and understand how the rules apply to your claim.
This guide explains how liability is decided, who else may be responsible for a crash, and how Louisiana’s comparative fault rules can affect your claim.
When a driver causes a crash in Louisiana, they may be held responsible for the resulting damage and injuries. That can include your medical bills, lost income, and damage to your car.
Louisiana requires drivers to carry 15/30/25 liability coverage. That means $15,000 for one person’s injuries, $30,000 for everyone injured in the same crash, and $25,000 for property damage.
But insurance is only part of the picture. Your own share of fault can affect what you receive, too. For crashes from January 1, 2026 onward, Article 2323 generally bars recovery when you are 51% or more at fault.
If someone borrows a car and causes a crash, the owner’s insurance will generally cover the accident when the driver had permission to use the vehicle, subject to the policy’s limits and exclusions.
In some cases, the owner may also be personally responsible. For example, negligent entrustment may apply when an owner knowingly lets someone drive who is unlicensed, impaired, or otherwise unfit to drive.
Your own uninsured/underinsured motorist (UM/UIM) coverage may help when the driver who caused the crash has no insurance or not enough coverage.
Louisiana insurers generally must offer UM coverage unless they reject it in writing. If you have this coverage, it may help pay for injuries and other covered losses when the other driver’s insurance is not enough.
Louisiana also has a “No Pay, No Play” law. Under La. R.S. 32:866 , an uninsured driver can face limits on the damages they may recover after a crash. The amount that can be excluded depends on the accident date.
Sometimes. The facts of the crash may point to another person or organization that also played a role.
An employer may be responsible when an employee causes a crash while working. A government agency may face a claim when a dangerous road condition contributed to an accident, although special rules and deadlines apply to these claims.
A vehicle or parts manufacturer could also be responsible if a defective part, such as faulty brakes or a defective tire, caused or contributed to the crash.
| Who may be Responsible | When It May Apply |
| Driver | The driver caused the crash through negligent conduct |
| Vehicle owner | The owner may be responsible in certain situations, such as negligent entrustment |
| Employer | The driver was working when the crash happened |
| Government agency | A road condition contributed to the crash |
| Manufacturer or dealer | A defective vehicle or part contributed to the crash |
When more than one person may be responsible, the insurance companies may not agree about who should pay. One insurer may blame another driver, while another may argue that you share some of the fault.
Report the accident to your own insurance company promptly and keep records of your medical treatment, vehicle damage, lost wages, and other losses. Your policy may also require you to give notice within a certain period, particularly if you may need to make a UM/UIM claim.
Evidence from the crash can help establish what happened. This may include the police report, photographs, witness statements, traffic or security footage, medical records, and information about the vehicles involved.
Usually, the driver who caused it. In some cases, the vehicle owner, an employer, a government agency, or a manufacturer may also be responsible.
Usually, the car. If someone has permission to drive it, the owner’s liability coverage will generally apply, subject to the policy.
It can apply when a car owner lets someone drive despite knowing, or having reason to know, that the person should not be driving.
That depends on when the crash happened. For crashes on or after January 1, 2026, being 51% or more at fault generally means you cannot recover.
Your UM/UIM coverage may help cover your losses. What you can recover depends on your coverage.
For most injuries from July 1, 2024 onward, the deadline is two years. Older claims generally had a one-year deadline, while some claims had different rules.
Figuring out who is responsible for a crash can take more than looking at which car hit which. Evidence, the people involved, the insurance policies, and your share of fault can all affect the claim.
Charbonnet Law Firm has represented injured people in New Orleans and throughout Louisiana for three generations. If you were injured in a car accident, call (504) 888-2227 for a free consultation to discuss your case and your legal options.
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.
