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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.
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%).
Even at 99% fault
Louisiana is one of them
In Louisiana injury cases
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.
Louisiana's comparative negligence system is codified in Louisiana Civil Code Article 2323. This statute requires that "the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action." This legal framework ensures that each person is held responsible only for their portion of fault in causing an accident.
The only exception to Louisiana's comparative negligence rule involves intentional torts. Under Article 2323(C), if someone intentionally causes harm to you, your own negligence won't reduce your recovery. The law recognizes that deliberate wrongdoing should not be rewarded by reducing the victim's compensation based on comparative fault.
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:
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, whether anyone was distracted or impaired, and who had the last clear chance to avoid the accident.
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.
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.
A landmark Louisiana Supreme Court decision demonstrates how comparative negligence applies in complex cases involving multiple defendants. In Martin v. Thomas, Reginald Martin was driving on a wet street in Vivian, Louisiana, around 8:30 p.m. when he collided with a Peterbilt tractor-trailer being backed into a driveway by Rodney Thomas, an employee of Greer Logging.
Martin suffered catastrophic injuries, including multiple broken ribs, a fractured sternum, fractured right leg and kneecap, and severe lacerations. He filed a lawsuit not only against the driver but also against Greer Logging, alleging both vicarious liability (the company being responsible for its employee's actions) and direct negligence (the company's own failure to properly hire, train, and supervise the driver).
The Supreme Court's Holding: The Louisiana Supreme Court unanimously ruled that under Louisiana's comparative fault system, a plaintiff can pursue both claims simultaneously. The court emphasized that Article 2323 requires fault to be compared, not "subsumed" simply because an employer admits the employee was working at the time. This decision reinforced Louisiana's commitment to its pure comparative negligence system, ensuring all potentially at-fault parties are evaluated for their contribution to an accident.
Why This Matters: This case illustrates how comparative negligence applies when multiple parties may share fault—the driver for how he operated the vehicle, the employer for potentially inadequate training, and even the plaintiff for conditions that may have contributed to the accident. Each party's degree of fault must be separately evaluated and assigned.
To better understand how comparative negligence works in real-world situations, here are some common scenarios:
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.
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.
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.
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:
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.
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.
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.
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.
It's important to understand how Louisiana's comparative negligence differs from the harsher "contributory negligence" rule still used in a handful of states. Under contributory negligence, if you're even 1% at fault for an accident, you're completely barred from recovering any compensation whatsoever.
Louisiana rejected this all-or-nothing approach in favor of pure comparative negligence, which allows injured parties to recover damages proportional to the other party's fault, even if the injured person bears significant responsibility for the accident. This represents a much fairer and more balanced approach to personal injury claims.
If you're involved in an accident where fault might be shared, there are steps you can take to protect yourself:
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.
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.
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.
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.
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.
Most personal injury cases in Louisiana settle before trial, and comparative negligence plays a critical role in these negotiations. Insurance companies and defense attorneys will analyze the evidence to estimate what percentage of fault a jury might assign to each party. These assessments directly influence settlement offers and counteroffers.
Having strong legal representation during negotiations is essential because your attorney can challenge unreasonable fault assessments and present evidence that minimizes your percentage of responsibility. A skilled negotiator understands how to leverage favorable facts and legal precedents to secure a settlement that accurately reflects the true fault allocation.
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:
The difference between handling a comparative negligence case yourself and having skilled legal representation can be tens of thousands of dollars in your pocket.
Yes. Under Louisiana's pure comparative negligence system, you can recover damages even if you were 90% or more at fault. Your recovery will simply be reduced by your percentage of fault.
Either a jury at trial or the parties through settlement negotiations will evaluate all evidence and assign fault percentages based on each party's actions and their contribution to the accident.
Louisiana law requires fault to be allocated among all parties who contributed to the accident, regardless of how many parties are involved. Each person or entity is responsible only for their proportionate share of the damages.
Yes, comparative negligence applies to virtually all personal injury cases in Louisiana, including car accidents, truck accidents, slip and falls, medical malpractice, and workplace injuries. The main exception is intentional torts, where the victim's negligence doesn't reduce recovery.
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 fight for your rights.
