When a car accident happens, one of the first questions people ask is, “Who was at fault?” n Louisiana, the answer isn’t always simple. Unlike some states that assign full responsibility to one driver, Louisiana follows a rule called comparative fault. This law allows multiple people to share responsibility for a crash, and it directly affects how much compensation you can receive.

Understanding how comparative fault works can make a big difference in your case. Here’s what every driver in New Orleans, Metairie, Kenner, Gretna, Slidell, and Harvey should know.

What comparative fault means

Under Louisiana Civil Code Article 2323, each person involved in a car accident is assigned a percentage of fault based on their actions. That percentage determines how much compensation they can recover.

For example, if you were awarded $100,000 in damages but were found 20 percent at fault, your recovery would be reduced to $80,000. You can still collect compensation, just reduced by your share of responsibility.

This rule helps ensure that victims aren’t denied recovery entirely just because they may have made a minor mistake before the accident occurred.

How fault is determined

Determining fault isn’t an exact science. It’s based on the evidence gathered after the crash such as police reports, witness statements, photos, and sometimes expert reconstruction analysis.

Insurance companies often use this law to their advantage. They might try to exaggerate your percentage of fault to lower the amount they owe. That’s why it’s so important to have an attorney who understands Louisiana’s comparative fault system and knows how to challenge those tactics.

At Branch Law, our attorneys carefully review every detail, from the placement of vehicles to traffic light timing and road conditions across Jefferson and Orleans Parishes. We use that evidence to build a clear picture of what really happened.

Common examples of shared fault

Comparative fault often comes into play in situations like:

• Rear-end collisions where one driver stopped suddenly but the other was following too closely
 • Intersection crashes when both drivers claim they had the green light
 • Multi-car pileups where weather or road conditions make liability harder to determine

In each of these cases, the key is evidence. A strong legal team can prove the other driver’s actions contributed most to the crash, reducing your share of responsibility and maximizing your recovery.

Why comparative fault makes having a lawyer essential

Because fault affects compensation, insurance adjusters have every reason to assign as much blame as possible to you. They’ll question your decisions, your speed, and even your reaction time.

A local New Orleans car accident lawyer who knows how Louisiana law is applied can push back effectively. We gather surveillance footage, analyze police body cam videos, and interview witnesses to prove who was truly responsible.

Having an attorney involved early also helps preserve critical evidence that could otherwise disappear within days or weeks after a crash.

How Branch Law helps clients under Louisiana’s fault system

We’ve helped clients across New Orleans, Metairie, Kenner, Gretna, Harvey, and Slidell recover fair compensation even when insurance companies tried to pin most of the blame on them.

Our experience with local traffic patterns, intersections, and parishes helps us uncover details others might miss. Whether your crash happened on I-10, Causeway Boulevard, or Elysian Fields, we know how to handle the complexities of Louisiana’s fault laws and protect your right to recovery.

Take action today

If you’ve been in a car accident in New Orleans or anywhere in southern Louisiana, don’t let the insurance company decide your percentage of fault. Get a lawyer who understands the system and knows how to use it to your advantage.

Contact Branch Law today for a free consultation. Our team is here to help you after a car accident in New Orleans, Metairie, Kenner, Gretna, Harvey, or Slidell. Call (504) 399-1449 or contact us online at www.betonbranch.com/contact to get started.