Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
Understanding how fault works after an accident in Louisiana can be confusing. Many people are surprised to learn that even if they made a mistake, they may still recover a portion of their losses. Louisiana follows a rule called pure comparative negligence, and it shapes the outcome of nearly every injury case in the state.
This guide breaks it down clearly so anyone involved in a shared-fault situation knows what to expect.
What Comparative Negligence Means in Louisiana
Comparative negligence is the system Louisiana uses to figure out how much responsibility each person had in causing an accident. Instead of assigning full blame to one side, the law looks at everyone’s actions and divides fault by percentages.
Those percentages then reduce the total amount a person can recover. If someone is found partly responsible, their compensation is reduced based on their share of the fault. This keeps the process fair, especially when an incident has several contributing factors.
Louisiana’s approach applies across car crashes, slip-and-fall incidents, pedestrian injuries, and other negligence situations. People often believe that being partly at fault wipes out their ability to recover anything. Louisiana law does not work that way. Even a small error does not eliminate the right to pursue a claim under the state’s pure comparative fault rules.
Louisiana Civil Code Article 2323 Explained
Louisiana Civil Code Article 2323 is the foundation for the state’s fault rules. It instructs courts to determine the percentage of fault for everyone involved, including the injured person, the other parties, and even non-parties who contributed.
Louisiana Civil Code Article 2323 requires courts to determine the percentage of fault of all persons involved in causing an injury, including the plaintiff.
This article applies to negligence, strict liability, and certain intentional acts when fault must be allocated. The goal is to make sure every party carries their fair share of responsibility based on what the evidence shows.
Many top-ranking articles do not clearly explain how Article 2323 affects multi-party situations. In Louisiana, fault can be divided among multiple drivers, property owners, manufacturers, or others who played a role.
Understanding this helps people see how outcomes can vary when several sides contribute to an accident.
Pure Comparative Fault vs. Modified and Contributory Systems
Louisiana follows pure comparative negligence, which is considered one of the most flexible systems in the country. Under this rule, someone can recover damages even if they were almost entirely responsible, as long as their percentage of fault is accounted for.
Louisiana follows a pure comparative negligence system, meaning a person may recover damages even if they are 99 percent at fault, with the recovery reduced by that same percentage.
To understand how different this is from other systems, here is a clear comparison:
Comparison of Negligence Systems
|
System Type |
How It Works |
Can You Recover If Mostly at Fault? |
| Pure Comparative Negligence (Louisiana) | Damages reduced by your percentage of fault. | Yes |
| Modified Comparative Negligence | Recovery only if you are under 50 or 51 percent at fault, depending on the state. | No |
| Contributory Negligence | Any amount of fault prevents recovery. | No |
Louisiana’s model stands out because it never fully bars someone from recovering. Instead, it adjusts outcomes based on responsibility.
How Fault Is Determined in Louisiana Injury Cases
Determining fault in Louisiana involves reviewing evidence, identifying unsafe actions, and evaluating how each person contributed to the incident.
Courts and insurers look at the totality of the circumstances, which can include:
- Actions of each person involved
- Available evidence such as video, photos, and reports
- Whether each person acted reasonably
- Safety rules, traffic laws, or property conditions
- Statements from witnesses or experts
Fault determination is not simply a percentage that gets guessed. It is based on a full review of what happened and how each action contributed. In some cases, multiple people share responsibility.
For example, a driver who failed to yield may share fault with another driver who was speeding, or a store owner may share fault with a shopper who was not paying attention.
Many competing articles fail to explain these multi-party dynamics clearly. Louisiana law requires every contributing actor to be evaluated so responsibility is distributed accurately.
Practical Examples of Comparative Negligence in Everyday Incidents
Examples make it easier to understand how Louisiana’s comparative fault system works:
Example 1
A shopper slips on a wet floor in a store. The floor had no warning sign, but the shopper was texting and not watching their step. The court might divide fault 70 percent to the store for unsafe conditions and 30 percent to the shopper for inattention. The shopper still recovers 70 percent of their damages.
Example 2
Two cars collide at an intersection. One driver runs a red light, while the other accelerates through a yellow light. Fault may be allocated 80 percent to the red-light runner and 20 percent to the second driver for speeding up.
Example 3
A pedestrian crosses outside a crosswalk, and a driver is distracted. Both sides may share responsibility, with varying percentages depending on the facts.
These examples show how Louisiana reduces, but does not eliminate, compensation when several factors contribute to an accident.
Common Misunderstandings About Comparative Negligence
Several misunderstandings often circulate around shared-fault incidents:
- Some believe that being partly at fault means no recovery. Louisiana law allows recovery even at very high percentages of plaintiff fault.
- Many assume insurers decide fault unilaterally. Their initial assessment can be challenged with evidence.
Fault percentages do not have to be equal; they are based on the specific facts and circumstances of each incident.
Understanding these points helps people avoid assumptions that can hurt their case.
What This Means If You’re Involved in an Accident in Louisiana
Anyone involved in an accident should know how Louisiana’s fault rules may affect the outcome. Documenting the scene, gathering evidence, and understanding how responsibility is assigned can influence how damages are evaluated.
When multiple parties are involved, fault may be spread among several individuals or entities.
In cases involving several parties, Louisiana courts allocate fault among all individuals and entities who contributed to the incident.
Learning the basics of Article 2323 helps people understand how their actions may affect the final compensation amount, even if they believe they played a minor role in what happened.
Frequently Asked Questions
How do Louisiana courts decide fault percentages?
Courts review actions, evidence, and conditions to determine each party’s responsibility based on reasonableness and contribution to the incident.
Does pure comparative negligence apply to all injury cases in Louisiana?
Yes. Article 2323 applies broadly to negligence-based cases, including vehicle crashes, premises incidents, and other injury matters.
Can more than two parties share fault in a Louisiana accident?
Yes. Several parties or entities can share responsibility, and courts allocate percentages based on each person’s contribution.
What happens if evidence shows inconsistent accounts of the incident?
Courts and insurers evaluate all available information to reach a fair conclusion when statements differ.
Is Louisiana considering changes to its comparative fault law?
There are no current changes pending. Louisiana consistently uses pure comparative fault.
Conclusion
Louisiana’s pure comparative negligence system allows people to recover damages even when they share responsibility for an accident. Article 2323 ensures that fault is divided fairly and that each party’s actions are evaluated based on the facts. Understanding how fault is determined helps people make better decisions as they navigate an injury situation.
If you want to understand how these rules apply to your circumstances, speaking with a knowledgeable New Orleans personal injury attorney can help you review your options and get clarity.
You can request a free consultation to discuss your situation and learn more about your rights under Louisiana law.
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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.
