Quick Summary: Louisiana follows a pure comparative negligence rule, which means you can recover damages in a personal injury case even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. Understanding how comparative negligence works is crucial to maximizing your recovery after an accident.
After an accident, one of the first questions people ask is, “Who was at fault?” But the answer isn’t always black and white. In many cases, both parties share some responsibility for what happened. Maybe you were speeding slightly when another driver ran a red light. Or perhaps you were texting at a stoplight when someone rear-ended you. Does sharing fault mean you can’t recover any compensation? Absolutely not. Our team at Sean Regan Law has helped countless clients navigate comparative negligence cases and secure fair compensation, even when they bore some responsibility. We’ve put together this guide to help you understand how Louisiana’s comparative negligence law works and how it might affect your claim.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine that allows a court or jury to assign a percentage of fault to each party involved in an accident. Instead of determining that one person is 100% responsible, the law recognizes that accidents often involve shared responsibility.
In a comparative negligence system, your compensation is reduced by your percentage of fault. For example, if you were 20% at fault for an accident and your total damages are $100,000, you would recover $80,000 (which is $100,000 minus 20%).
Louisiana follows what’s called “pure comparative negligence.” This means you can recover damages even if you were 99% at fault for the accident. Your recovery is simply reduced by your percentage of responsibility. This is different from some states that follow “modified comparative negligence,” where you can’t recover anything if you’re more than 50% at fault.
How Does Comparative Negligence Work in Louisiana?
Louisiana’s comparative negligence system is designed to ensure fairness when multiple parties contribute to an accident. Here’s how it typically plays out in a personal injury case:
The Jury Determines Fault Percentages
If your case goes to trial, the jury will evaluate all the evidence and assign a percentage of fault to each party involved. They’ll consider factors like:
- Who violated traffic laws or safety regulations
- Whether anyone was distracted, impaired, or reckless
- Who had the last clear chance to avoid the accident
- The severity of each party’s actions
- Whether anyone failed to take reasonable precautions
Your Damages Are Calculated
The jury (or the parties through settlement negotiations) will determine the total value of your damages. This includes medical expenses, lost wages, property damage, pain and suffering, and any other losses you’ve suffered.
Your Recovery Is Reduced by Your Fault
Once fault percentages are assigned and damages are calculated, your recovery is reduced by your percentage of fault. If you’re found 30% at fault and your damages are $150,000, you’ll recover $105,000.
Common Examples of Comparative Negligence
To better understand how comparative negligence works in real-world situations, here are some common scenarios:
Car Accident Example
You’re driving through an intersection when another driver runs a red light and hits you. However, you were going 10 mph over the speed limit at the time. The jury might find the other driver 85% at fault for running the red light and you 15% at fault for speeding. If your damages total $200,000, you would recover $170,000.
Slip and Fall Example
You slip and fall in a grocery store because of a wet floor. However, there was a clearly visible “Wet Floor” sign that you walked past while looking at your phone. The jury might find the store 60% at fault for not adequately drying the floor and you 40% at fault for not paying attention to the warning sign. If your damages are $50,000, you would recover $30,000.
Pedestrian Accident Example
You’re hit by a car while crossing the street outside of a crosswalk, but the driver was texting and driving. The jury might assign you 25% fault for jaywalking and the driver 75% fault for distracted driving. If your damages are $300,000, you would recover $225,000.
How Insurance Companies Use Comparative Negligence Against You
Insurance companies are well aware of Louisiana’s comparative negligence law, and they often use it as a tool to reduce what they have to pay. Here are some tactics they commonly employ:
Exaggerating Your Fault
Insurance adjusters will look for any reason to increase your percentage of fault. They might claim you were distracted, not paying attention, or violating a traffic law, even when the evidence doesn’t fully support these claims.
Using Your Statements Against You
Anything you say to an insurance adjuster can be twisted to suggest you were partially at fault. This is why it’s crucial to be very careful about what you say—and why it’s often better to let an experienced personal injury lawyer handle communications with the insurance company.
Making Lowball Offers
Insurance companies often make early settlement offers that factor in an inflated fault percentage for you. They’re betting you don’t understand how comparative negligence works or that you’ll accept less than your claim is worth.
Delaying Your Claim
The longer they delay, the more desperate you might become for money to pay medical bills. This pressure can lead you to accept a settlement that doesn’t accurately reflect your true percentage of fault.
How to Protect Your Rights in a Comparative Negligence Case
If you’re involved in an accident where fault might be shared, there are steps you can take to protect yourself:
Document Everything
Take photos of the accident scene, get witness statements, and preserve any evidence that shows what really happened. The more evidence you have, the harder it is for the insurance company to inflate your percentage of fault.
Don’t Admit Fault
Even if you think you might have contributed to the accident, don’t admit fault at the scene or to insurance adjusters. Let the evidence speak for itself. What seems like partial fault to you might not be fault at all under the law.
Seek Medical Attention Immediately
Getting prompt medical care not only protects your health but also creates a documented record of your injuries. This makes it harder for insurance companies to argue that your injuries weren’t serious or weren’t caused by the accident.
Be Careful What You Say
Stick to the facts when talking to insurance companies. Don’t speculate about what happened or why. And never give a recorded statement without consulting an attorney first.
Hire an Experienced Attorney
An experienced personal injury attorney understands how to counter the insurance company’s tactics. They know how to investigate your case, gather evidence, and present arguments that accurately reflect fault percentages. This can make a significant difference in your final recovery.
Why Comparative Negligence Cases Need Legal Representation
Comparative negligence cases are often more complex than clear-cut liability cases. The insurance company has lawyers and adjusters working to minimize your recovery. You need someone equally skilled fighting for you.
A knowledgeable attorney can:
- Investigate the accident thoroughly to determine actual fault
- Challenge the insurance company’s fault assessment
- Gather expert testimony to support your version of events
- Negotiate effectively to minimize your percentage of fault
- Take your case to trial if necessary to get fair compensation
The difference between handling a comparative negligence case yourself and having skilled legal representation can be tens of thousands of dollars in your pocket.
Get Help with Your Comparative Negligence Claim
If you’ve been injured in an accident where fault might be shared, don’t let the insurance company take advantage of you. At Sean Regan Law, we have extensive experience handling complex comparative negligence cases throughout Louisiana. We know how to investigate accidents, challenge unfair fault assessments, and fight for the maximum compensation you deserve.
Our team will handle every aspect of your case, from gathering evidence to negotiating with insurance companies to representing you in court if needed. We offer a free, no-obligation consultation to review your case and explain your options. Don’t let concerns about shared fault prevent you from seeking the compensation you need to recover. Contact Sean Regan Law today and let us figh