Louisiana law recognizes that injuries often have multiple causes. Rather, the legal system acknowledges the complexities of real life, where fault is often shared. This is where the concept of comparative fault becomes critical. Understanding this concept is essential for anyone navigating a personal injury claim. Keep reading to learn more.
Understanding Comparative Fault Under Louisiana Law
Louisiana used to follow a pure comparative fault system. That meant you could still recover something even if you were mostly to blame—your award would just be reduced by your percentage of fault.
That changed on January 1, 2026. A new law updates Louisiana’s comparative fault rules and shifts the state to a modified comparative fault system for accidents on or after January 1st, 2026, meaning:
- If you are found 51% or more at fault, you cannot recover damages.
- If you are found 50% or less at fault, you can still recover, but your compensation will be reduced by your share of fault.
For example, if your damages are $100,000 and you’re 20% at fault, you could recover $80,000. However, if you’re 51% at fault, you will recover $0.
Louisiana law treats intentional wrongdoing differently. If your injuries were caused in part by your own negligence and in part by someone else’s intentional act, your damages generally are not reduced based on your percentage of fault.
When Comparative Fault Comes Into Play
Comparative fault can arise in almost any personal injury case. Whenever multiple factors or decisions contributed to an accident, insurers and defense attorneys will analyze each one to determine how the blame should be divided. Here are the most common contexts:
Motor Vehicle Collisions
Comparative fault is frequently applied in car, truck, and motorcycle accident cases. For example:
- If a driver ran a red light, but the injured party was speeding slightly, the defense may argue that both parties contributed to the crash.
- If a rear-end crash occurs, but the injured driver had non-working brake lights, the insurer may claim partial fault.
- In multi-vehicle wrecks, fault may be apportioned between several drivers, not just the one who directly struck the plaintiff.
Louisiana’s modified comparative fault system influences settlement negotiations from the start. Insurers know that if they can demonstrate even minor negligence on the part of the injured driver, they may significantly reduce the payout.
Premises Liability Accidents
Comparative fault also plays a major role in premises liability claims. These can include falls in grocery stores, restaurants, apartment complexes, or parking lots.
Common scenarios include:
- The injured person was not paying attention.
- The hazard was “open and obvious.”
- The victim wore unsafe footwear.
- The plaintiff walked into an area with clear warning signs.
Even in cases where a property owner failed to fix a dangerous condition, insurers often try to shift blame to reduce their exposure.
Product Liability
In defective product cases, comparative fault can arise when a consumer allegedly:
- Misused the product
- Ignored instructions or warnings
- Modified the item in an unsafe way
Judges or juries can assign portions of liability between the manufacturer, retailer, and consumer depending on the evidence.
How Insurers Use the Modified Comparative Fault to Reduce Compensation
Insurance companies know that every percentage of fault they can pin on an injured person translates into money saved. Even a small adjustment can have a major financial impact.
For example, in a claim worth $100,000, increasing the injured party’s responsibility by just 10% saves the insurer $10,000. That adds up quickly. This is why insurers aggressively examine the actions of the person who was hurt.
Common tactics include:
- Mischaracterizing statements from the victim to make it seem like they admitted fault
- Using recorded statements to identify minor inconsistencies
- Highlighting irrelevant details
- Cherry-picking witness testimony that supports their narrative
- Using delay tactics to pressure the injured person to settle before evidence can be gathered
These tactics are not always fair. Insurers often exaggerate the injured person’s role in the accident. Without proper legal guidance, many victims unknowingly harm their own cases by simply trying to be polite, honest, or cooperative.
Defending Against Unfair Blame-Shifting
The most important aspect of defending against allegations of shared responsibility is to recognize them early. Once blame-shifting begins, insurers and defense attorneys try to build a record that frames the accident according to their version of events.
Here are the most effective defenses:
- Controlling the Narrative Early: Insurance adjusters often call victims immediately after an accident. They hope to obtain statements that can later be used against them. A lawyer can handle these communications and ensure no casual comment is turned against the victim.
- Preserving Evidence: Photos, videos, physical evidence, electronic data, and witness statements can clarify exactly how an accident happened. When collected early on, evidence can prevent insurers from creating an inaccurate or incomplete picture of the situation.
- Challenging Assumptions and Biases: Sometimes blame-shifting relies on stereotypes or assumptions that perpetuate biases. A skilled attorney can explain why those assumptions do not match the facts, the law, or the evidence.
Our attorneys can provide the strategic defense necessary to protect your right to full compensation.
Contact the Law Office of John W. Redmann, L.L.C., for a Free Consultation With a Metairie Personal Injury Lawyer
In Louisiana personal injury law, comparative fault is an important concept. When used correctly, it ensures fairness by assigning responsibility in proportion to the individual’s contribution. When misused, it becomes a tool for insurers to avoid paying what they owe.
If you or someone you love has been injured in Louisiana and comparative fault may be an issue, reach out to The Law Office of John W. Redmann, L.L.C. for a free consultation, call (504) 500-5000. Our Metairie personal injury attorneys know how to push back against unfair blame-shifting.