Understanding Car Accident Liability in Louisiana: Fault vs. No-Fault Systems

Car accidents are sudden and overwhelming, often leaving victims with physical injuries, mounting medical bills, and emotional strain. In 2024, Louisiana saw 37,306 suspected injury crashes, averaging over 100 crashes per day. Tragically, the state also recorded 652 fatal crashes that led to 699 lives lost, with Orleans Parish reporting the highest number of fatal collisions at 55 for the year.

These numbers aren’t just statistics, they represent individuals and families affected by serious, sometimes life-altering events. At Crescent City Personal Injury, our personal injury legal team understands the stress and uncertainty that follow an accident. Led by trusted advocate John Radziewicz, our team is here to guide you through the legal complexities of Louisiana’s fault-based system and help you pursue the compensation you deserve.

Louisiana is a fault-based state. This means that the person determined to be responsible for the accident (and their insurer) must pay for injuries and damages.

However, Louisiana also follows a comparative negligence model, outlined in Louisiana Civil Code Article 2323. This law states that each party’s degree of fault is taken into account, and any compensation awarded to a victim is reduced by their percentage of fault. For example, if you were 20% at fault, your compensation would be reduced by 20%.

Understanding whether Louisiana is a fault or no-fault state is essential when seeking compensation after a car accident.

In a fault-based (or “tort”) system, the driver who caused the accident is responsible for paying damages through their insurance provider. This allows injured victims to file a claim directly against the at-fault party’s insurance company or pursue a lawsuit if necessary.

In no-fault states, drivers must first file a claim with their own insurance company, regardless of who caused the accident. These states often require Personal Injury Protection (PIP) coverage, which pays for medical expenses and lost wages.

Because Louisiana is an at-fault state, determining liability is crucial. Your ability to recover damages depends on:

• Who caused the accident
• How much evidence supports your claim
• Whether your actions contributed to the crash

If multiple parties were involved, the court will assign fault percentages to each, which directly impact the compensation each person can recover.

Every driver in Louisiana must carry minimum liability coverage as required by law:

• $15,000 for bodily injury to one person
• $30,000 for total bodily injury per accident
• $25,000 for property damage

Additionally, Uninsured/Underinsured Motorist (UM/UIM) coverage is strongly encouraged. At Crescent City Personal Injury, we urge all drivers to carry UM/UIM insurance to protect themselves from drivers who are uninsured or lack adequate coverage, especially since Louisiana ranks high in uninsured drivers.

Under Louisiana Civil Code Article 2315, victims of car accidents may recover the following damages:

• Medical Expenses: ER visits, surgeries, prescriptions, rehab, therapy
• Property Damage: Vehicle repair or replacement
• Lost Wages: Income lost due to injury or time off work
• Future Earnings: Lost earning potential in long-term injury cases

• Pain and Suffering
• Emotional Distress
• Loss of Enjoyment of Life

While rare, punitive damages may be awarded in cases involving gross negligence or intentional misconduct.

Here’s a basic overview of how most accident claims are processed in Louisiana’s fault system:

1. Filing a Claim: You may file a claim with your insurer or the at-fault driver’s insurer, depending on coverage and circumstances.
2. Investigation: Insurance companies investigate by reviewing police reports, medical records, and witness statements to assign fault and determine compensation.
3. Settlement Negotiation: Most claims are resolved through settlement negotiations. Insurers may offer a payout based on the estimated value of your injuries and damages.
4. Filing a Lawsuit (if necessary): If a fair settlement can’t be reached, you may pursue a lawsuit within the one-year statute of limitations.

It’s important to act quickly. Under Louisiana Civil Code Article 3492, car accident victims have only one year from the date of the accident to file a personal injury or property damage lawsuit. After that, your legal right to seek compensation may be permanently barred.

Car accident cases in Louisiana can be legally complex, especially when multiple drivers or insurance companies are involved. Experienced car accident attorneys have a deep understanding of Louisiana’s laws, insurance practices, and litigation strategies.

Led by attorney John Radziewicz, our firm at Crescent City Personal Injury takes a client-focused approach, offering clear guidance, aggressive representation, and unwavering support from consultation to resolution.

If you’ve been injured in a car accident in Louisiana, you don’t have to figure it out alone. Let Crescent City Personal Injury stand by your side. We’ll help you understand your rights, build your case, and pursue the maximum compensation allowed by law.

Contact us today to schedule a confidential consultation.