Understanding Louisiana’s comparative fault law is essential to recovering compensation for injuries sustained in a car accident if you are found to have contributed to the accident to some degree. While this law directly affects personal injury lawsuits, it can also indirectly affect auto insurance claims. An experienced car accident lawyer in Louisiana can help you make the most of your car accident claim by seeking the compensation you need and deserve.
Is Louisiana a No-Fault State for Car Accidents?
Louisiana is not a no-fault state for car accidents. When you’re injured in an accident caused by another driver, you file a claim with the at-fault driver’s insurance company to cover your medical expenses and accident-related losses.
What Is Louisiana’s Pure Comparative Negligence Rule?
Not all car accident cases are straightforward. Sometimes, more than one person contributed to causing the crash. Louisiana’s comparative negligence law covers these scenarios. Under this law, each party in an accident is liable for the same portion of harm as their share of fault.
For example, in an accident where another driver rear-ends you at a red light, they may be 100 percent at fault, while you are 0 percent at fault. However, if the accident occurs because another driver merged into your lane while you were speeding, they may be 70 percent at fault, while you are 30 percent at fault. In this second example, if the other driver was 70 percent at fault for the accident that caused your injuries, they are only liable for 70 percent of your damages.
Additionally, Louisiana’s comparative fault rule is “pure,” meaning you can seek compensation from the other party to the crash as long as you are not 100 percent at fault for the accident. Some other states have “modified” versions of comparative fault that block injured parties from recovering compensation once their degree of fault passes a set threshold, such as 50 percent. In Louisiana, even if you are 90 percent at fault for a car accident, you can seek compensation from the other at-fault party for the remaining 10 percent of your losses.
How Can Louisiana Comparative Fault Rules Affect Car Accident Claims?
The main takeaway regarding comparative fault and car accident claims in Louisiana is that insurance companies will use this law to reduce your payout if they can. While the law specifically applies to compensation you receive through a trial award, insurance companies use it to determine how little they can get away with paying you.
This also means it’s crucial that you don’t provide a statement to an insurance adjuster without speaking to an attorney. The insurance adjuster’s job is to get you to say something they can use to assign fault to you and reduce the value of your claim.
Contact a Car Accident Attorney for Your Free, No-Obligation Consultation
If you suffered an injury in a Louisiana car accident, contact The Thibeaux Firm for a free consultation with a caring and determined accident attorney. Attorney Omar Thibeaux is “The 25% Attorney.” He charges a flat 25 percent fee for cases where he wins compensation for you, so you never have to worry about how to afford your legal support.
