Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
Understanding what happens when you share some responsibility for an accident can feel confusing, especially when you’re unsure whether filing a claim is even worth it. Louisiana follows a very specific set of rules about fault, and these rules are often misunderstood. The good news is that Louisiana law allows people to pursue compensation even when they share a large portion of the blame.
This guide breaks down how Louisiana comparative negligence works, how fault affects compensation, how insurers use shared fault to reduce payouts, and why filing a claim still protects your rights.
Accidents are rarely black and white. It’s common for more than one person to contribute to what happened. In Louisiana, sharing fault does not automatically prevent someone from seeking compensation for accident-related losses. This is because the state uses a pure comparative negligence system.
Shared fault can arise in many everyday scenarios, including:
In these situations, fault is distributed across all involved parties. The key point is that even if someone is partially responsible, Louisiana law allows them to file a claim and recover the portion of damages not tied to their share of fault.
Fault allocation in Louisiana is governed by Louisiana Civil Code 2323, which outlines exactly how shared responsibility works. The statute requires courts and insurers to assign a percentage of fault to every party involved in an accident, including the injured person.
Under Louisiana Civil Code 2323, fault is allocated to all parties involved in an accident, and damages are reduced in proportion to each party’s degree of fault.
This means two things:
If someone is found 20 percent at fault, their compensation is reduced by 20 percent. If they are 80 percent at fault, they can still pursue the 20 percent of damages not assigned to them.
Louisiana’s pure comparative negligence system allows a person to recover damages even if they are found to be up to 99 percent responsible for an accident.
This legal approach makes Louisiana significantly more claimant-friendly than states with stricter negligence systems.
Understanding how Louisiana compares to other states helps clarify why filing a claim still makes sense even after sharing fault. States use one of three negligence systems. Below is a breakdown for clarity.
| Negligence System |
Where Used |
Partial Fault Recovery |
Key Rule |
| Pure Comparative | Louisiana + few states | Yes | Reduced by your fault percentage |
| Modified (50% Bar) | Many states | Yes | No recovery at 50% or more fault |
| Modified (49% Bar) | Some states | Yes | No recovery at 49% or more fault |
| Pure Contributory | Very few states | No | Barred if even 1% at fault |
In contributory negligence states, a person who is just 1 percent at fault cannot recover anything. Louisiana’s system is considerably more flexible and ensures that even those with significant responsibility retain partial rights to compensation.
Fault evaluation involves careful review of evidence. Insurers and courts consider multiple sources before assigning percentages of responsibility.
These may include:
Other factors include traffic laws, video evidence, property damage patterns, accident-reconstruction analysis, and photographs of the scene. This detailed review helps determine whether someone is fully responsible or only partially at fault.
Accident responsibility is rarely based on a single detail. Instead, all information is combined to create an accurate picture of how each person may have contributed to the incident.
If you’re unsure how fault might be interpreted in your case, consulting knowledgeable New Orleans personal injury lawyers can help you make sense of the evidence and what it may mean for your rights.
When someone shares fault, they remain eligible to recover compensation for the portion of responsibility not assigned to them. The reduction is proportional and applied directly to the total amount of damages. These damages may include medical expenses, lost income, and other documented losses.
For example, if damages total forty thousand dollars and the person is assigned 25 percent fault, the final recovery becomes thirty thousand dollars. This reduction reflects Louisiana’s pure comparative negligence model, where compensation always aligns with fault percentages.
Filing a claim is still worthwhile because even partial reimbursement can significantly help with accident-related expenses.
Insurers understand how comparative negligence works and often try to increase the amount of fault assigned to claimants. The higher the percentage of responsibility placed on the injured person, the less the insurer pays.
Insurance adjusters may attempt to increase the percentage of fault attributed to a claimant, as doing so directly reduces the amount the insurer must pay.
Some common tactics include:
This is why careful documentation and consistent explanations matter. Small details can influence how fault is perceived and assigned.
Many people mistakenly avoid filing a claim simply because they feel partly responsible. In Louisiana, this decision can leave significant compensation unclaimed. Filing preserves your right to have all parties evaluated under the law.
Not pursuing a claim means you may end up covering the entire cost of medical treatment, repairs, and long-term expenses even when someone else also contributed to the accident. Additionally, many accidents involve multiple responsible parties, not just the injured person and one other driver.
Filing a claim ensures fault is allocated correctly and that your share of compensation is not lost.
Yes. You can still file because Louisiana allows recovery even up to 99 percent fault, with compensation reduced according to your percentage.
Fault is assigned using evidence such as reports, statements, physical proof, and evaluations made by insurers or courts based on the available information.
Yes. Your compensation is reduced by the percentage of responsibility you are assigned under Louisiana Civil Code 2323.
Fault percentages directly impact how much an insurer pays, so they may try to increase your assigned responsibility during the claim process.
Fault may be divided among all involved parties, and each person’s share influences how compensation is calculated.
Louisiana’s pure comparative negligence laws give people the chance to pursue compensation even when they bear some responsibility for an accident. Understanding how fault is evaluated and how compensation is reduced helps protect your rights. If you were involved in an accident and share part of the blame, you can still take steps to understand your options and move forward.
For guidance on how Louisiana law applies to your situation, you can reach out to Charbonnet Law Firm, LLC for a free consultation. The firm can help you understand the process and ensure your rights are protected under Louisiana’s comparative negligence rules.
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.
