Louisiana now uses two different comparative fault rules, and the date of the injury usually determines which one applies. For an injury before January 1, 2026, a claimant’s damages generally are reduced by the claimant’s percentage of fault. For an injury on or after January 1, 2026, a claimant who is 51 percent or more at fault generally cannot recover damages. A claimant who is 50 percent or less at fault may recover, but the award is reduced by that percentage.
That change makes a careful reconstruction of the event more important. A few percentage points can now decide whether a claim is reduced or barred. The discussion below explains the rule, the evidence that can affect an allocation, and the difference between fault and proof of injury.
The injury date controls the comparative fault rule
Louisiana Civil Code Article 2323 requires the factfinder to assign percentages of fault to everyone who caused or contributed to the injury, death, or loss. The current version provides that:
- A claimant who is 51 percent or more at fault is not entitled to recover damages.
- A claimant who is less than 51 percent at fault may recover, but the damages are reduced in proportion to the claimant’s fault.
Act 15 of 2025 made that modified comparative fault rule effective January 1, 2026. The date of the conduct or injury should therefore be identified before anyone applies the 51 percent bar. A crash in December 2025 is not governed by the same allocation rule as a crash in January 2026 merely because both claims are handled in 2026.
Our separate guide to the 2026 modified comparative fault change gives additional examples of the new threshold.
How fault percentages change the result
Suppose a factfinder determines that a claimant sustained $100,000 in damages.
- If the applicable rule allows recovery and the claimant is 20 percent at fault, the recoverable amount is reduced by 20 percent, to $80,000.
- For an injury governed by the 2026 rule, a claimant found 50 percent at fault may recover half of the proven damages.
- For an injury governed by the 2026 rule, a claimant found 51 percent at fault generally recovers nothing.
The percentage question is separate from the amount of damages. A claimant still must prove the injury, medical causation, expenses, lost income, and any other claimed loss. An insurer may dispute both subjects at once, but evidence of who caused a collision is not the same as evidence of what injuries the collision caused.
Fault can be assigned to parties and nonparties
Article 2323 directs the factfinder to consider all persons who caused or contributed to the loss, whether or not each person is a party to the lawsuit and regardless of insolvency, ability to pay, or statutory immunity. In a vehicle case, that can include more than the two drivers. Depending on the facts, the allocation may involve an employer, vehicle owner, road contractor, manufacturer, or another driver who was never identified.
This is one reason a quick assumption that a collision was simply a two driver dispute can be misleading. The identities and roles of other actors should be investigated before evidence disappears and before the time for bringing claims expires.
What evidence affects a fault allocation
A police report can help identify drivers, witnesses, statements, diagrams, and citations. It does not necessarily contain every fact, and the officer’s initial view does not automatically decide civil fault. The underlying evidence often matters more:
- Unedited photographs and video showing lane position, traffic signals, visibility, road conditions, and vehicle damage
- Dash camera, doorbell, business, traffic, or fleet video obtained before routine deletion
- Independent witness names, contact information, and reliable accounts
- Vehicle event data, telematics, phone records, and electronic logs when they are relevant and properly obtained
- Measurements, debris locations, tire marks, repair records, and inspection findings
- Dispatch audio, body camera footage, photographs, supplements, and other agency records beyond the face of the crash report
The most useful evidence is usually the evidence created closest to the event and preserved in its original form. Our guide to proving fault after a Louisiana car accident explains how those sources fit together. The Louisiana car accident evidence checklist covers practical preservation steps during the first several days.
Common allegations do not establish a percentage by themselves
An adjuster may allege that a claimant was speeding, following too closely, distracted, or slow to react. Those allegations still need factual support and a connection to the event. A driver’s conduct may be careless without being a cause of the collision, and a traffic violation does not automatically dictate a particular civil fault percentage.
The sequence matters. For example, in a lane change dispute, video or vehicle damage may show which vehicle crossed the lane line and when. In an intersection case, signal timing and sight lines may be more useful than either driver’s estimate. In a multi vehicle collision, the order of impacts can change which actions contributed to which injuries.
Recorded statements deserve care for the same reason. A person who does not know an exact speed, distance, or time should not guess. Early estimates can later be treated as fixed facts even when objective evidence shows they were wrong.
Medical causation is a different issue
Comparative fault asks who caused the event and in what proportions. Medical causation asks whether the event caused or aggravated the claimed condition. Prompt, accurate treatment records can help connect symptoms to the incident, but they do not prove a traffic sequence. Likewise, a strong liability video does not establish the nature or value of an injury.
Preexisting conditions do not automatically eliminate a claim. The important questions include the person’s condition before the event, the mechanism of injury, the timing of symptoms, objective findings, treatment, and any measurable change in function. Those facts should be evaluated separately from the blame allocation.
Preserve the evidence before accepting a percentage
An insurer’s initial liability decision is not a court finding. Before accepting a fault percentage, identify what information the insurer reviewed and what may still be missing. Useful steps can include:
- Write a private factual account while the route, timing, conversations, and witness locations are fresh.
- Save original photographs and videos without cropping, filtering, or annotating the only copy.
- Request the complete available agency record, not just the standard report.
- Identify nearby cameras and send focused preservation requests promptly.
- Protect a seriously damaged vehicle and its electronic data from repair, salvage, or destruction until inspection decisions are made.
- Keep communications accurate and avoid estimates presented as facts.
A published Baton Rouge car accident lawyer service page explains how the firm evaluates collision evidence and insurance issues in local claims.
Fault disputes do not extend the filing deadline
Negotiations over percentages do not stop prescription by themselves. Louisiana Civil Code Article 3493.1 provides a two year prescriptive period for delictual actions and states that it begins on the day injury or damage is sustained. That article became effective July 1, 2024. Earlier injuries may be governed by an earlier one year rule, and some claims have shorter notice requirements, different limitations, or separate procedural steps.
The incident date, defendant, claim type, and any prior filing or settlement activity should be reviewed rather than assuming that a general deadline applies. Evidence may disappear long before the legal deadline arrives.
Editorial and legal accuracy notice
Sources checked: September 28, 2026
Primary sources checked for this article include Louisiana Civil Code Articles 2323 and 3493.1 and Act 15 of 2025. The applicable rule can depend on the injury date and the facts. This article provides general Louisiana legal information, not advice about a particular claim.