Louisiana’s New Comparative Fault Law (Effective Jan. 1, 2026): The 51% Rule Explained
If you were injured in a car wreck or other accident in Bossier City, Shreveport, Bossier Parish, Caddo Parish, or anywhere in Northwest Louisiana, Louisiana’s new modified comparative fault law can make or break your case.
House Bill 431 (Act 15) was signed into law on May 28, 2025, and became effective January 1, 2026.
This change ended Louisiana’s old “pure comparative fault” system and replaced it with a rule that can completely bar recovery for some injury victims—even when the injuries are serious.
What Is Modified Comparative Fault in Louisiana?
Under Louisiana’s new rule:
If your share of fault is 51% or more, you are barred from recovering damages.
If your share of fault is 50% or less, you can still recover—but your damages are reduced by your percentage of fault.
Simple Example
If a jury finds your total damages are $100,000:
20% at fault → you may recover $80,000
50% at fault → you may recover $50,000
51% at fault → you may recover $0
This is why you’ll hear attorneys and insurance companies call this change “the 51% bar.”
How This Changes Louisiana Injury Claims Compared to the Old Law
Before January 1, 2026, Louisiana followed pure comparative fault, meaning you could recover something even if you were mostly at fault (your recovery would just be reduced).
Now, the fight over fault percentage is even more important because crossing the line from 50% to 51% can eliminate your claim entirely.
What This Means for Car Accidents, Truck Accidents, and Slip-and-Falls
In real cases, fault disputes usually come from:
“You were speeding.”
“You should have seen the hazard.”
“You changed lanes first.”
“You weren’t paying attention.”
“You didn’t mitigate your injuries.”
Insurance companies often lean hard into these arguments because the new law gives them a bigger payoff: if they can push you over 50% fault, they may not have to pay anything.
If you’re in Bossier City or Shreveport, you should assume the insurer is already looking for ways to assign you more blame than you deserve.
Does This Apply to Every Case? What About Retroactivity?
Act 15 / HB 431 applies broadly to “claims for recovery of damages for injury, death, or loss” under most theories of liability, with limited exceptions (including certain intentional tort situations).
A major practical issue is timing: how courts treat accidents that happened before January 1, 2026 but are litigated after. Legal commentary has noted that retroactivity/prospectivity arguments could be heavily litigated.
(If your wreck was close to the effective date, getting legal advice early is critical.)
Why This Law Makes Hiring the Right Lawyer More Important
Under the new rule, your case may hinge on:
preserving evidence quickly (photos, video, vehicle data, witnesses)
preventing blame-shifting narratives from taking hold
building a clean liability theory early
avoiding recorded statements that can be used to inflate your fault share
The sooner you involve counsel, the more control you have over how fault is framed.
Call Joseph A. Gregorio, Attorney at Law (Bossier City / Shreveport Area)
If you were injured in Bossier City, Shreveport, or Northwest Louisiana, do not assume you can “sort it out later.” Under Louisiana’s new modified comparative fault law, being labeled 51% at fault can mean no recovery.
Call Joseph A. Gregorio, Attorney at Law to discuss your situation and protect your claim.
FAQ: Louisiana Modified Comparative Fault Law (2026)
Can I still recover if I’m partly at fault in Louisiana?
Yes—if you’re 50% or less at fault, your damages are reduced by your fault percentage.
What happens if I’m 51% at fault?
You may be barred from recovering any damages.
When did this new comparative fault law take effect?
It became effective January 1, 2026.
Does this apply to car wrecks in Bossier City and Shreveport?
Yes. Comparative fault commonly arises in Louisiana auto accident claims, and this rule can significantly impact recovery.
Should I talk to the insurance adjuster first?
Be careful—statements can be used later to increase your fault percentage. It’s often safer to speak with an attorney first.
Contact our team at Joseph A. Gregorio, A Professional Law Firm as soon as an accident happens, so we can help you achieve the best possible outcome. The information here is for education purposes only. This does not create an attorney client relationship.