When an accident happens, most people’s first instinct is to figure out who was at fault. In Louisiana, that question matters, but the answer is more nuanced than a simple yes or no. Louisiana’s pure comparative fault system means that multiple parties can share responsibility for an accident, and an injured person can still recover even when they played some role in what happened. Understanding how that system works, and how insurance companies use it, is essential for Kenner injury victims who want to protect the full value of their claims.
What Pure Comparative Fault Means in Louisiana
Louisiana adopted a pure comparative fault system under Civil Code Article 2323. When multiple parties contributed to an accident, the court assigns each party a percentage of fault. The injured person’s total damages are then reduced by their own percentage of fault.
A Kenner resident found 30% at fault for an accident that caused $200,000 in damages recovers $140,000 after the 30% reduction. If they’re found 60% at fault, they recover 40% of the total damages. Even at 99% fault, a pure comparative fault state theoretically allows the plaintiff to recover 1% of their damages.
This is a meaningful distinction from states that use a modified comparative fault system with a 50% or 51% bar, where reaching or exceeding that threshold eliminates recovery entirely. Louisiana’s pure system is generally more favorable to injured people, but it also creates a specific risk: insurers have a financial incentive to argue that the injured person bears as much fault as possible, because every percentage point they can assign to the victim reduces what they pay out.
How Insurance Companies Use Fault Arguments
After an accident, the at-fault party’s insurer will investigate the circumstances with their payout in mind. Common fault arguments deployed against Kenner injury victims include:
- Arguing the injured person was distracted, speeding, or otherwise inattentive at the time of the accident
- Arguing the injured person failed to take reasonable steps to avoid the accident or mitigate their injuries
- Arguing that a pre-existing condition, not the defendant’s conduct, was primarily responsible for the claimed injuries
- Pointing to any technical violation of law by the injured person, however minor, as evidence of shared fault
Each of these arguments is designed to increase the percentage of fault attributed to the victim. Even a seemingly minor shift in fault percentage can represent thousands of dollars in a serious injury case.
How Evidence Counters Fault Arguments
Building a record that accurately allocates fault requires evidence gathered from the beginning of the case. The types of evidence that matter most in contested fault situations include:
- Photographs and video from the scene of the accident, including dashcam and surveillance footage
- Police reports and any citations issued at the scene
- Witness statements taken while recollections are fresh
- Accident reconstruction analysis when the sequence of events is disputed
- Medical records establishing the nature and cause of the injuries, independent of any pre-existing conditions
A Kenner personal injury lawyer works to build this record from the start, countering fault arguments before they gain traction in settlement negotiations.
What Louisiana’s System Means for Multiple Defendant Cases
Louisiana’s comparative fault system also applies when multiple defendants share responsibility for an accident. Under Louisiana Civil Code Article 2324, solidary liability applies in some situations where multiple defendants whose fault combined to produce the injury are each responsible for the full amount. The specific rules are technical and depend on the circumstances of each case.
Kiefer & Kiefer has handled fault disputes in Kenner and Jefferson Parish personal injury cases for over 40 years, with results including multi-million dollar jury verdicts in cases where fault was heavily contested. If you’ve been injured and are concerned about how fault arguments might affect your claim, reach out to a Kenner personal injury lawyer to understand what the evidence actually shows.
