Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
When two drivers collide in New Orleans, things get confusing fast, especially when each one blames the other. How Louisiana’s shared-fault rules work can make a real difference in what each driver recovers.
Drivers are often unsure what happens when fault is not clear-cut, and Louisiana law accepts that crashes are rarely black and white. A New Orleans collision lawyer can sort out a specific case, but here is what shared fault means for you, including a rule that changed at the start of 2026.
Louisiana’s Comparative Fault System
Under La. Civ. Code art. 2323, fault can be divided between two or more people. Each person’s compensation is then reduced based on their share of responsibility.
Suppose your damages total $100,000, and you are found 30% at fault. Your recovery would be reduced by 30%, leaving you with $70,000.
The Rule That Changed In 2026
Louisiana followed pure comparative fault for many years. Under that rule, an injured person could still recover compensation even when they carried most of the blame. Their award was simply reduced by their fault percentage.
That changed on January 1, 2026. Under House Bill 431, enacted as Act 15 of 2025, Louisiana now uses a modified comparative fault rule for crashes occurring on or after that date.
A person who is more than 50% at fault cannot recover compensation. Crashes that happened before January 1, 2026, remain subject to the former pure comparative fault rule.
This makes the percentage dispute much more important. A small change in the assigned fault can now determine whether someone receives partial compensation or nothing at all.
Where Both Drivers Commonly Share Fault
Many crashes involve mistakes by more than one driver. Shared fault often comes up in situations such as:
- Rear-end collisions. The rear driver is often blamed, but responsibility may be divided if the front vehicle had broken brake lights or stopped suddenly because of a mechanical problem.
- Intersection collisions. One driver may turn left across traffic while the other speeds through a yellow light. Signals, right-of-way, and each driver’s response may all matter.
- Multi-vehicle pileups. In chain-reaction crashes on I-10 or the Pontchartrain Expressway, several drivers may share blame for following too closely or failing to react in time.
Fault is based on the available evidence, not simply what either driver says at the scene.
How Fault Percentages Affect Your Recovery
Your payout tracks your percentage of fault, and the 2026 change makes the cutoff decisive.
| Your fault | Settlement value | Recovery before 2026 (pure) | Recovery now (51% bar) |
|---|---|---|---|
| 10% | $100,000 | $90,000 | $90,000 |
| 40% | $100,000 | $60,000 | $60,000 |
| 51% | $100,000 | $49,000 | $0 (barred) |
| 70% | $100,000 | $30,000 | $0 (barred) |
A person who is exactly 50% at fault may still recover half of their damages. At 51%, recovery is barred for crashes covered by the new rule.
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Evidence That Determines Fault
Fault percentages should be based on proof rather than assumptions.
Useful evidence may include:
- Police crash reports, including any errors that need to be challenged
- Photos and video from phones, dashcams, security systems, or intersection cameras
- Statements from people who witnessed the crash
- Event data recorder information showing speed, braking, or other vehicle activity
- Crash reconstruction findings based on skid marks, damage, and impact points
It helps to preserve this material early. Videos may be deleted, witnesses may become difficult to reach, and physical evidence can disappear once the road is cleared.
Insurance Tactics To Watch For
Insurance adjusters may use comparative fault to reduce what they pay. An adjuster might claim you were 20% or 30% responsible without strong evidence. They may also ask for a recorded statement and use an uncertain answer to shift more blame toward you.
Be cautious if an insurer refers to a standard fault percentage. Louisiana law requires fault to be based on the facts of the crash, not a preset formula.
The new rule raises the stakes. If an insurer can push your share above 50%, it may deny recovery altogether. Coverage questions can become even more difficult when several drivers are involved or when uninsured/underinsured motorist coverage applies.
Common Myths About Shared Fault
- I cannot recover anything if I was partly at fault. Not always. For a crash on or after January 1, 2026, you may still recover as long as you are not more than 50% at fault.
- The police officer decides fault. A police report is important, but officers do not make the final legal decision. Insurers, courts, and sometimes a jury determine fault.
- There is no point in filing if I share some blame. Even a reduced recovery may help cover medical bills, lost income, and other losses.
- Small details will not affect the case. A photo, witness statement, traffic signal, or vehicle record may change the percentage assigned to each driver.
Frequently Asked Questions
What is Louisiana’s comparative fault law?
Under La. Civ. Code art. 2323, compensation is reduced by the injured person’s share of fault. For crashes on or after January 1, 2026, a person who is 51% or more at fault cannot recover.
How is fault determined after a crash?
Insurers and courts may review police reports, scene photos, video, witness accounts, vehicle data, physical evidence, and crash reconstruction findings.
Can I dispute the fault percentage assigned to me?
Yes. A percentage can be disputed with photos, video, witness statements, vehicle records, expert findings, or other evidence that gives a clearer account of the crash.
How long do I have to file a claim?
For crashes occurring on or after July 1, 2024, the general filing period is two years from the date of injury. Different facts may affect the deadline.
Talk to a New Orleans Car Accident Lawyer
With the new 51% bar, the fight over a few points of fault can decide whether you recover at all. If both drivers shared blame in your crash, you do not have to face the insurer alone. Alvendia, Kelly & Demarest offers free consultations to explain how the rule applies to your case.
Call (504) 200-0000. There is no fee unless we win. Reach out today. Reviewed by J. Bart Kelly, III, Partner at Alvendia, Kelly & Demarest Law Firm.
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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.
