If you are hurt in an accident, you may wonder if you can still recover compensation if you were partly at fault. In Louisiana, the answer is often yes. Louisiana follows a legal rule called comparative fault, and understanding how it works can make a big difference in your personal injury case.
This rule affects how much money you may be able to recover after a car accident, slip and fall, or other injury caused by negligence. Below is a simple explanation of what comparative fault means and why it matters.
What Is Comparative Fault?
Comparative fault means that more than one person can share responsibility for an accident. Instead of placing all the blame on one party, the law looks at everyone involved and assigns each person a percentage of fault.
For example, imagine a car accident where one driver was speeding, but the other driver ran a stop sign. Both drivers may share responsibility for the crash. Under Louisiana law, each person’s fault is added up to equal 100%.
How Louisiana’s Comparative Fault Rule Works
Louisiana uses a pure comparative fault system. This means you can still recover compensation even if you were mostly at fault for the accident.
However, the amount you receive is reduced by your percentage of fault.
Example:
- Your total damages: $100,000
- You are found 30% at fault
- The other party is 70% at fault
You would still be able to recover $70,000, but your compensation would be reduced by the 30% you were responsible for.
Even if you were 90% at fault, you could still recover 10% of your damages under Louisiana law.
Types of Damages Affected by Comparative Fault
Comparative fault applies to most types of personal injury damages, including:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Future medical care
The total value of your claim is calculated first. Then, your share of fault is subtracted from that total.
Why Insurance Companies Focus on Fault
Insurance companies often try to use comparative fault to reduce how much they have to pay. They may argue that you were distracted, speeding, not paying attention, or otherwise careless.
Common tactics include:
- Blaming you for not reacting fast enough
- Saying your injuries were partly caused by a prior condition
- Claiming poor weather or road conditions were your responsibility
This is why it is important to be careful when speaking with insurance adjusters. Even small statements can be used to assign you a higher percentage of fault.
How Fault Is Determined
Fault is determined by looking at evidence such as:
- Police reports
- Photos and videos from the scene
- Witness statements
- Medical records
- Expert opinions
In some cases, fault is negotiated between the parties. In others, a judge or jury decides how fault should be divided.
Because fault directly affects your compensation, having clear and strong evidence is critical.
Comparative Fault in Common Accidents
Car Accidents:
Fault may be shared if both drivers violated traffic laws or were distracted.
Slip and Fall Accidents:
A property owner may argue you were not watching where you were going, even if a hazard existed.
Pedestrian Accidents:
Drivers may claim the pedestrian crossed outside a crosswalk, while pedestrians may argue the driver was speeding or distracted.
In all of these cases, comparative fault can significantly change the outcome of a claim.
Why Legal Guidance Matters
Because comparative fault can reduce your compensation, it is important to have someone on your side who understands how Louisiana law works. A skilled attorney can help gather evidence, challenge unfair fault claims, and protect your rights.
At Colonna Law Firm, clients receive guidance through every step of the personal injury process. From investigating the accident to negotiating with insurance companies, legal support can help ensure fault is assigned fairly and accurately.
Final Thoughts
Louisiana’s comparative fault rule allows injured people to recover compensation even if they share some responsibility for an accident. However, the percentage of fault assigned to you directly affects how much you receive.
If you have been injured and are worried about being blamed, understanding comparative fault is an important first step. Speaking with an experienced legal professional can help you protect your claim and pursue the compensation you deserve.
