If you’ve been injured in a car accident, slip and fall, or any other type of personal injury incident in Louisiana, one of the first things the insurance company may argue is that you were partly to blame. Don’t be fooled — under Louisiana’s comparative fault law, you may still be entitled to compensation, even if you were partially responsible for the accident.
At Godbey Giardina Law Group, we help injured clients across Louisiana understand their rights and fight back when insurers try to unfairly reduce or deny claims based on “shared fault.” Here’s what every injury victim needs to know.
What Is Comparative Fault in Louisiana?
Louisiana currently follows a pure comparative fault system under La. Civ. Code Art. 2323. This means:
Your compensation can be reduced in proportion to your percentage of fault, but you can still recover damages — even if you were up to 99% at fault.
For example, if you were awarded $100,000 in damages but found to be 30% at fault, your recovery would be reduced to $70,000.
However, on May 28, 2025, Governor Jeff Landry signed HB 431, amending Louisiana Civil Code Article 2323 and officially ending the state’s pure comparative fault system effective January 1, 2026. Louisiana will have a modified comparative fault rule with a 51% bar—plaintiffs found to be 51% or more at fault will be barred from recovering damages, However, if plaintiff’s fault is 50% of less, recovery is reduced proportionately.
How Comparative Fault Applies to Common Injury Cases
- Car/Trucking Accidents
In auto accident cases, fault may be split between drivers. You may be found partially at fault for speeding, not wearing a seatbelt, or failing to yield. The insurance company will try to shift as much blame to you as possible — which is why having an experienced personal injury attorney is crucial.
- Slip and Falls
Property owners often argue that the injured person wasn’t watching where they were going or ignored warning signs. Under comparative fault, even if you missed a caution sign, you might still recover damages if the property owner failed to address a known hazard.
- Pedestrian Accidents
Even if you crossed outside a crosswalk or weren’t paying attention, you may still have a valid claim. Comparative fault considers the actions of all parties — not just the injured pedestrian.
Don’t Let the Insurance Company Use Comparative Fault Against You
Insurance adjusters are trained to look for any reason to reduce your claim. They may ask loaded questions or argue that your actions caused or contributed to your injuries.
At Godbey Giardina Law Group, we investigate your case thoroughly and build evidence to minimize any fault attributed to you — so you get the maximum compensation you deserve.
Key Takeaways for Injury Victims in Louisiana
- You can still file a claim even if you were partly at fault.
- Starting January 1, 2026, the threshold for recovery has tightened significantly—plaintiffs now must be 50% or less at fault to win damages.
- Insurance companies often overstate your fault to lower your payout.
- An experienced personal injury attorney can protect your rights and challenge unfair fault determinations.
Why Choose Godbey Giardina Law Group
We have a dedicated team of personal injury attorneys who know how to fight insurance companies and navigate complex liability issues. We’ve helped clients recover compensation for:
We don’t get paid unless recover for you. If you've been hurt, call us today for a free consultation and let us fight for the justice you deserve.
Contact Us Today
If you have questions about comparative fault or your personal injury case in Louisiana, contact Godbey Giardina Law Group at (985)590-4650 or fill out ourHere. Let us help you understand your rights and recover the compensation you deserve.
