Louisiana changed an important rule governing personal-injury cases in 2026. For people injured in car accidents in Shreveport, Bossier City and elsewhere in Louisiana, the percentage of fault assigned to each driver can now determine not only how much compensation may be recovered, but whether an injured person can recover at all.
Under current Louisiana Civil Code Article 2323, if an injured person is found to be 51% or more at fault, that person generally cannot recover damages from the other at-fault parties. When the injured person is less than 51% at fault, a potential damages award is reduced according to that person's percentage of fault. The revised law became effective January 1, 2026. (Louisiana Legislature)
An Example of How the 51% Rule Can Work
Suppose a driver suffers injuries in a collision and the evidence establishes damages of $100,000.
If that driver is determined to be 20% at fault, the amount potentially recoverable would generally be reduced by 20%, subject to the other facts and laws applicable to the case.
But if the injured driver is determined to be 51% or more at fault, Louisiana's current comparative-fault provision can bar the person's recovery altogether. (Louisiana Legislature)
That makes the investigation of fault especially important after a serious collision.
Why Evidence After an Accident Matters
Insurance companies may investigate many details when deciding who caused a collision. Depending on the circumstances, useful evidence can include:
- photographs and video from the crash scene;
- vehicle damage;
- police reports;
- statements from witnesses;
- traffic-camera or business-surveillance footage;
- vehicle electronic data when available;
- medical documentation;
- cell-phone or other records when legally obtainable; and
- expert reconstruction evidence in appropriate serious-accident cases.
A disagreement about what happened is no longer simply a disagreement over percentages. When an insurer contends that an injured person bears most of the fault, the difference between 50% and 51% can potentially become extremely important under current Louisiana law. (Louisiana Legislature)
Be Careful About Statements Made After a Crash
Accident victims are often contacted by insurance adjusters shortly after a collision.
Providing basic necessary information is different from speculating about why an accident happened or accepting blame before all the facts are known.
A statement made shortly after a stressful collision may later become part of an insurer's argument concerning comparative fault.
For that reason, injured people should document what happened accurately and avoid guessing about facts they do not know.
Louisiana Also Changed the General Filing Period
Louisiana has also changed the general prescriptive period applicable to many delictual—or tort—actions. Civil Code Article 3493.1 provides a two-year period commencing from the date the injury or damage is sustained. The change took effect July 1, 2024, and requires attention to the date and specific type of claim because exceptions and different deadlines can apply. (Louisiana Legislature)
A longer general filing period does not mean waiting is a good idea. Evidence can disappear, surveillance footage may be overwritten, vehicles may be repaired, and witnesses' memories may become less clear.
FAQs
What happens if I am partly responsible for a Louisiana car accident?
Under current Article 2323, if your percentage of negligence is less than 51%, recoverable damages generally are reduced according to your percentage of negligence. If you are 51% or more negligent, the statute provides that you are not entitled to recover damages under the provision. (Louisiana Legislature)
Did Louisiana change its comparative-fault law in 2026?
Yes. The amendment became effective January 1, 2026. (Louisiana Legislature)
How long do I have to file a Louisiana personal-injury lawsuit?
Current Civil Code Article 3493.1 generally establishes a two-year prescriptive period for delictual actions, beginning when injury or damage is sustained. Different rules and exceptions can apply, so a particular deadline should be evaluated individually. (Louisiana Legislature)
Injured in a Shreveport or Bossier City Car Accident?
Joseph A. Gregorio, A Professional Law Firm represents injured people and families in Bossier City, Shreveport, and surrounding Northwest Louisiana communities. The firm's website identifies automobile accidents among its personal-injury practice areas. (Bossier City Lawyer)
If you have questions about how fault could affect a Louisiana car-accident claim, you can contact the firm to discuss the circumstances of your accident.
This material is provided for general informational purposes and is not legal advice. The law applicable to a particular accident depends upon the facts, date of occurrence, parties, and claims involved.