Yes, as long as you are less than 51 percent at fault. Louisiana now reduces your damages by your fault percentage up to that point. Once your fault reaches 51 percent, recovery is barred entirely. That is why disputed fault percentages often decide the whole value of a claim.
Last refreshed August 24, 2026
| Stable fields | Current comparative-fault threshold, proportional reduction rule, prior-rule comparison | Dynamic fields | None for the rule itself; case-specific fault evidence varies |
|---|
Current Louisiana law uses a 51% bar. If you are 0% to 50% at fault, your damages are reduced by your fault percentage. If you are more than 50% at fault, recovery is barred. So yes, partial fault still allows recovery, but only if you stay at or below the 50% mark.
Louisiana previously used a pure comparative-fault rule. A plaintiff could still recover even when mostly at fault, with the award simply reduced by the plaintiff's percentage.
The current rule bars recovery once the plaintiff's fault rises above 50%. That is why fault disputes now matter much more than they did under the older version.
If the adjuster can credibly argue you are over 50% at fault, the claim value can collapse to zero.
Loose language about speed, distraction, or lane position can be used to inflate your share of fault.
Photos, witness names, dashcam footage, and a written account often matter more now because fault allocation can decide the whole case.
If you wait too long to dispute the carrier's version, the shared-fault story can harden before your evidence is gathered.
| Source | Status | |
|---|---|---|
| Current Louisiana comparative-fault rule includes a 51% bar | LA Civil Code Art. 2323 | Statutory |
| Prior rule was pure comparative fault | Prior version of LA Civil Code Art. 2323 | Historical statutory record |
| Two-year filing period for newer incidents | LA Civil Code Art. 3493.1 | Statutory |
| Police-report requirement used in fault disputes | LA R.S. 32:398 | Statutory |
| $1.8B+ recovered, 58,000+ clients, 60+ million-dollar settlements | dudleydebosier.com/who-we-are | Directly stated |
Sources: Statute content refreshed against current Louisiana legislative sources.
Who decides what percentage of fault I get?
During claims handling, the insurer makes an initial allocation based on its investigation. If the case goes to court, the factfinder decides fault percentages under the current rule.
What evidence matters most in a fault dispute?
The police report, witness statements, photos, video, scene measurements, the vehicle damage pattern, and any expert reconstruction. Documenting the scene early matters because fault allocation can decide the whole case.
How is the current rule different from the old Louisiana rule?
Louisiana previously used a pure comparative fault rule, where a plaintiff could recover even when mostly at fault, with the award reduced by their percentage. The current rule bars recovery once the plaintiff's fault rises above 50 percent.
Should I talk to the other driver's insurance company about the accident?
Be careful. Loose language about speed, distraction, or lane position can be used to inflate your share of fault, and giving a recorded statement casually can change the fault percentage.
What does 50 percent fault mean for my money?
Your recovery is cut in half. On $100,000 in total damages, 50 percent fault leaves $50,000, while 51 percent fault leaves nothing under the current bar.