John W. Redmann | October 6, 2025 | Personal Injury
It is not uncommon for both parties in an accident to share some of the blame. Louisiana currently follows a pure comparative negligence rule. This means that an accident victim may still recover some share of compensation, even if they are 99% at fault for their accident.
However, HB 431 was passed into law earlier this year and takes effect on January 1, 2026. This new law alters the comparative negligence rules in Louisiana, potentially making it more challenging for injury victims to obtain compensation following an accident.
Keep reading below to learn all the details about how this new rule could affect your personal injury claim.
Overview of Louisiana’s Old Comparative Negligence Rule
Louisiana’s current comparative negligence rule remains in effect until the end of 2025. This rule applies to all pending claims as well as claims arising from any accidents that occur prior to January 1, 2026.
Louisiana currently follows a pure comparative negligence rule. Under this rule, there is no portion of fault that would bar a plaintiff from recovering some portion of their damages after an accident.
Louisiana’s New Comparative Negligence Rule Explained
Louisiana’s new rule is known as a modified comparative negligence rule. The basics of the rule are similar to the old rule. Victims who share some of the fault for their accident may still receive a reduced financial recovery. However, the new rule bars victims who are 51% or more at fault from recovering any compensation.
For instance, imagine that you are hurt in a car accident and suffer $50,000 in damages. However, the jury finds that you are 20% responsible for your accident because you were speeding. In this case, you could still recover 80%, or $40,000, of your damages from the defendant.
However, suppose the jury finds that you were 60% at fault for the accident because you were texting and driving. Under Louisiana’s new rule, you would be barred from recovering any compensation since you were more than 50% at fault.
When Does Louisiana’s New Comparative Negligence Rule Take Effect?
The new rule takes effect on January 1, 2026. This new rule applies to all accidents occurring on or after that date. However, if your accident occurred prior to this date, your case would still follow the old rule even if your lawsuit is filed after January 1, 2026.
For instance, suppose you were injured in a truck accident on October 1, 2025. You attempt to negotiate a settlement to your claim, but are unsuccessful. On March 1, 2026, you decide to file a lawsuit for your damages. Since your accident occurred before the new rule took effect, Louisiana’s old pure comparative negligence rule would apply.
How Louisiana’s New Rule Could Affect Your Personal Injury Claim
Louisiana’s new comparative negligence rule could make it more challenging to recover compensation after an accident. For accidents where liability is clear, there is unlikely to be much change. However, when liability or fault is not clearly established, an attorney may be less likely to take your case.
This is because most personal injury lawyers work on a contingency fee basis. If they do not win the case, they will not receive a legal fee for their services. Under this new rule, lawyers may be less likely to take cases in which the victim shares some of the fault. If the defense can show that the victim was more than 50% at fault, then there would be no financial recovery in the case.
Contact the Law Office of John W. Redmann, L.L.C. for a Free Consultation With a Gretna Personal Injury Lawyer
If you were injured in Louisiana before or after January 1, 2026, don’t let the new law change your rights without knowing your options. Call us now to schedule a free, no‑obligation consultation with a Gretna personal injury lawyer who understands Louisiana’s new comparative negligence rules. We’ll review your case, explain how the changes may affect you, and help you decide the best path forward.
If you were injured in an accident in Metairie or Gretna, Louisiana, and need legal help, contact our personal injury attorneys at The Law Office of John W. Redmann, LLC, to schedule a free case review today.
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