Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
When two drivers collide in New Orleans, the situation can quickly become confusing, especially if both believe the other is at fault. Knowing how Louisiana’s shared fault laws work can make a big difference in the compensation each driver receives.
At Alvendia, Kelly & Demarest Law Firm, our attorneys frequently encounter drivers who are unsure about what happens when fault isn’t clear-cut. Louisiana law acknowledges that accidents are rarely black and white, and responsibility is usually shared among those involved in the incident. Here’s what that means for you if both drivers share fault in a New Orleans crash.
Understanding Louisiana’s Comparative Fault System
Louisiana follows a comparative fault system, as outlined in Louisiana Civil Code Article 2323. This means that more than one driver can be found responsible after a crash, and each person’s share of fault affects how much money they can recover.
Under Louisiana Civil Code Article 2323, a person’s recovery in an accident claim is reduced in proportion to their degree of fault.
For example, if your total damages equal $100,000 and you’re found 30% at fault, your recovery drops to $70,000.
The Upcoming Legal Change
For decades, Louisiana has applied a pure comparative negligence rule, meaning you could still recover damages even if you were mostly at fault. However, that will soon change.
Legal Update: Starting January 1, 2026, Louisiana will shift to a modified 51% bar rule under House Bill 431. Anyone found to be more than 50% at fault will no longer be eligible to recover compensation.
This change will likely affect how insurance companies handle and negotiate shared-fault cases. You can read the official statute on the Louisiana State Legislature’s website.
Real Scenarios Where Both Drivers Share Fault
Most crashes happen because of a mix of mistakes, not just one. Below are examples of how shared fault commonly happens in New Orleans car accidents:
Rear-End Collisions
People often assume the rear driver is automatically at fault, but that’s not always true. If the front driver’s brakes suddenly fail or have faulty brake lights, the fault may be divided between both drivers.
Intersection Collisions
When a driver turns left across traffic while another speeds through a yellow light, both can share responsibility. Courts look at traffic signals, right-of-way rules, and how each driver reacted.
Multi-Vehicle Pileups
In chain-reaction crashes on I-10 or the Pontchartrain Expressway, several drivers may be responsible for failing to maintain a safe distance or react in a timely manner.
Evidence often determines which driver bears the higher percentage of fault, rather than assumptions made at the scene.
In each of these examples, evidence — not assumptions — determines who bears the greater share of fault.
How Fault Percentages Affect Compensation
When both drivers share fault, your payout depends directly on your percentage of responsibility.
Here’s how recoveries differ under current and upcoming Louisiana laws:
| Driver Fault % | Settlement Value | Recovery (2025 – Pure Rule) | Recovery (2026 – 51% Bar Rule) |
| 10% | $100,000 | $90,000 | $90,000 |
| 40% | $100,000 | $60,000 | $60,000 |
| 51% | $100,000 | $49,000 | Ineligible to recover |
| 70% | $100,000 | $30,000 | No recovery |
This side-by-side comparison shows how even a few percentage points can make a big difference in your final settlement.
Evidence That Determines Fault in New Orleans Crashes
Evidence is the backbone of every shared-fault claim. The stronger your proof, the better your chances of receiving fair compensation.
Key evidence includes:
- Police Crash Reports: The New Orleans Police Department (NOPD) prepares an official crash report, but they sometimes contain errors. You can obtain or dispute one through the Louisiana State Police Crash Reports system.
- Video Footage and Photos: Dashcams, surveillance cameras, and intersection footage can provide conclusive evidence of events that led to the crash.
- Witness Statements: Independent accounts from bystanders help clarify how everything unfolded.
- Vehicle Data: Modern cars record speed, braking, and steering data through the Event Data Recorder (EDR).
- Expert Reconstruction: In serious accidents, accident reconstruction specialists can analyze debris, skid marks, and impact patterns to determine fault scientifically.
Having an attorney helps make sure this evidence is properly gathered, preserved, and presented before insurers assign fault percentages.
Insurance and Legal Considerations
Insurance companies often use comparative fault to minimize payouts. Adjusters might argue that you were 20% or 30% responsible, even with limited evidence, to justify a lower settlement.
Here’s what to watch for:
- Recorded Statements: Adjusters may pressure you into making recorded statements that shift liability to you.
- “Standard Percentages”: Some may cite “standard fault percentages” that don’t apply to Louisiana law.
In these cases, a lawyer protects your interests—making sure your side is heard and that insurers apply the law fairly. They can also help with uninsured/underinsured motorist (UM/UIM) claims, which become complex when multiple drivers share fault.
According to Louisiana DOTD data, over 40% of vehicle crashes involve mistakes by more than one driver, showing why comparative fault matters so much.
Common Misconceptions About Shared Fault
Many drivers misunderstand Louisiana’s comparative negligence law and give up valid claims too early. Here are some common myths worth clearing up:
- “If I’m partly at fault, I can’t recover.” False. Until 2026, you can recover unless you’re more than 50% responsible.
- “Police decide who’s at fault.” Not true. Officers document evidence, but insurers and courts determine fault.
- “It’s not worth filing if I share blame.” False. Even partial recovery can cover medical costs or repairs.
- “Minor details don’t matter.” Every photo, witness, and record can influence fault percentages.
FAQs
What is the comparative fault law in Louisiana?
Each driver’s compensation is reduced by their share of fault, as outlined in Louisiana Civil Code Article 2323.
What happens if both drivers are equally at fault?
Each may recover half of their damages under current law, but from 2026, recovery stops at more than 50% fault.
How is fault determined after a car accident in New Orleans?
Through police reports, photos, vehicle data, and insurance investigations.
Can I dispute the fault percentage assigned to me?
Yes. You can challenge it using new or stronger evidence.
How long do I have to file a claim?
Usually, one year from the date of the accident is the period under Louisiana’s statute of limitations.
Should I talk to the other driver’s insurance company?
Stick to basic facts and avoid recorded statements until you’ve spoken with a lawyer.
Conclusion
In Louisiana, car accidents aren’t always black and white. When both drivers share fault, understanding how comparative fault laws work is key to protecting your recovery. From New Orleans intersections to multi-vehicle pileups, the outcome often depends on strong evidence and legal guidance.
If you’ve been injured in a New Orleans car accident where fault is shared, you don’t have to figure it out alone. The attorneys at Alvendia, Kelly & Demarest Law Firm offer free consultations to help you understand how Louisiana’s comparative fault laws apply to your situation and what next steps make sense for your claim.
Reach out today to discuss your case and learn how our legal team can help you pursue the compensation you deserve — with no upfront costs.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
