What Makes a Driver at Fault in Louisiana Car Accidents: Key Factors

When a crash happens, people want answers—fast. Who’s at fault? Who’s paying? In Louisiana, these questions aren’t just about pointing fingers—they’re tied to real consequences. A few seconds of distraction or a missed stop sign can end in a legal and financial headache. If you’re involved in a car accident here, it helps to understand exactly how fault works under Louisiana law.

Understanding Louisiana’s Fault System

Louisiana uses a fault-based system to determine financial responsibility after a car accident. This means the person who caused the crash—or more accurately, their insurance provider—has to cover the costs for damage and injury.

Police reports, eyewitness statements, traffic camera footage, and the physical evidence at the scene (like skid marks or vehicle damage) are all used to figure out who was at fault. But it’s not always a black-and-white situation.

In Louisiana, fault is not always assigned to just one person. The law recognizes that multiple people can share blame in an accident. That’s where Louisiana’s comparative fault rule comes into play.

How Does Louisiana’s Pure Comparative Negligence System Work?

Louisiana follows a pure comparative negligence rule under Louisiana Civil Code Article 2323. This means that more than one driver can be found at fault—and each person’s financial responsibility is based on their percentage of fault. This law states:

In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable. If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.

Here’s how it works:

• If you were 30% at fault in an accident, and the total damages were $10,000, you’d be responsible for $3,000.

• You could still recover the remaining $7,000 from the other driver, assuming they were 70% at fault.

There’s no cutoff. Even if you were 99% at fault, you could still technically recover 1% of your damages. But let’s be real: if you're mostly to blame, that 1% won’t get you far.

This system applies to every type of claim for damages—whether it’s for injuries, property damage, or even wrongful death. And it applies regardless of whether the other person is known, unknown, broke, or immune from being sued.

What Can Make a Driver At Fault in Louisiana Car Accidents?

Some behaviors raise red flags immediately when fault is being decided:

• Following too closely (rear-end collisions)

• Failing to yield

• Running a red light or stop sign

• Speeding

• Driving distracted (texting, eating, messing with the GPS)

• Driving under the influence

• Making unsafe lane changes

• Driving without headlights or brake lights in poor visibility

These actions violate Louisiana traffic laws and are often enough to make a driver primarily responsible for an accident.

But don’t assume the other driver will accept fault—even if it seems obvious. Insurance companies don’t take your word for it. They’ll comb through the evidence, talk to witnesses, and often try to argue that you share blame, even if only slightly.

What If You Think You’re Partially at Fault?

Say nothing that sounds like an apology. Avoid saying things like:

• “I didn’t see them.”

• “I was going too fast.”

• “I should’ve been paying more attention.”

Even a casual comment can be twisted into an admission of fault. Stick to the facts. Let your insurance rep—or better yet, a personal injury lawyer—handle the back-and-forth. Because of the pure comparative negligence system, what you say can reduce the amount of money you’re able to recover. It's not about being dishonest—it's about not giving up more than you have to.

What Happens When Fault Isn’t Clear?

Louisiana law requires all parties involved to be considered in fault allocation. That includes people who aren't even part of your lawsuit or who can’t be sued at all. If there were multiple vehicles involved, or a commercial truck driver was acting on behalf of a company, or even if there’s a city responsible for a faulty traffic signal—everyone’s role is examined.

In most cases, a police report helps point the finger. But it’s not always the final word. Insurance companies can come to their own conclusions, and if the case goes to court, a judge or jury will decide fault percentages.

Determining Fault in a Car Accident

In a Louisiana car accident, fault is typically decided by the insurance company, the police, or the court system. Right after a crash, insurance adjusters start gathering facts—this includes the police report, witness statements, and any available video or photo evidence from the accident scene.

Police officers who respond to the crash often write up what happened in detail. If they believe someone broke a traffic law—like running a red light or reckless driving—they may issue a citation, which can carry weight in determining fault. The investigating officer’s report might not be the final word, but it’s often used by both insurance companies and lawyers when deciding who was at fault.

Factors Considered in Fault Determination

Fault determination in a Louisiana car accident looks at what each driver was doing right before the crash. This means things like:

• Was the driver distracted?

• Were they speeding?

• Did they fail to yield or ignore a stop sign?

The driver who caused the crash is legally responsible for covering the damages incurred, including medical bills, vehicle damage, and other financial compensation.

Physical evidence plays a big role. For example, if one car has damage directly to its back bumper, and the other has damage to its front end, it usually shows the second car rear-ended the first—making the second at fault. Skid marks, vehicle positioning, and traffic camera footage can all help paint a clear picture.

The Role of Insurance Companies

After a crash, each driver’s insurance company launches its own investigation. The goal? Figure out how much blame to assign—and how little they can pay out. Insurance companies are not on your side. They want to protect their bottom line, even in personal injury cases that involve catastrophic injuries or major property damage.

If you're filing a claim, don’t expect the other driver’s insurer to play fair. They may:

• Minimize your injuries

• Challenge your version of events

• Use your own words against you

That’s why gathering evidence right away matters. It limits how much spin an insurance company can put on what happened.

Gathering Evidence to Support Your Claim

If you’re able, gather evidence at the accident scene immediately. This includes:

• Photos and videos of both vehicles, street signs, and any visible property damage

• Close-ups of skid marks, broken glass, or bent guardrails

• The exact position of each vehicle after the crash

Ask bystanders for their names and phone numbers—even if they didn’t see the wreck happen, they might have heard something useful, like the at fault driver saying, “I’m sorry.” That kind of witness testimony can help when you're trying to prove fault.

The more accurate information you can collect, the stronger your car accident case will be later. Don't rely on your memory—use your phone to document everything.

The Importance of Not Admitting Fault

It doesn’t matter if you think you messed up—never admit fault. Not to the other driver, not to a police officer, and definitely not to the insurance company. Here’s why:

• Saying “I didn’t see you” or “I should’ve braked earlier” can be used to assign blame

• Even saying “I’m sorry” may be twisted into an admission of fault

Let the facts and the evidence speak for you. The comparative fault rule means even small admissions can cut into your potential compensation.

Why You Should Never Admit Fault

Admitting fault—even partially—can come back to hurt your case. Under Louisiana’s comparative fault system, the amount you recover for medical expenses, vehicle damage, and other losses goes down based on your share of fault.

Instead of guessing or speculating, say only what you’re sure of:

• “I was traveling southbound on X Street.”

• “The light was green when I entered the intersection.”

• “I don’t know how fast the other vehicle was going.”

Stick to accurate information and let the insurance adjusters, lawyers, and investigating officers determine who’s legally responsible.

Common Causes of Accidents and Their Impact on Fault

In Louisiana, car accidents are often caused by human error. The Louisiana Department of Insurance (LDI) confirms that driver error is the leading cause of collisions across the state. This includes speeding, reckless driving, failing to yield, and distracted driving—especially drivers looking at their phones instead of the road.

Each of these actions can strongly influence how fault is determined. A driver who was speeding or using a phone at the time of the crash is far more likely to be held responsible under Louisiana law. That’s why a thorough investigation is critical in every car accident case. Physical evidence, witness testimony, and even vehicle damage can all point to what happened and who was at fault.

How Common Causes of Accidents Affect Fault Determination

Certain behaviors automatically raise questions about driver negligence. For example:

• Speeding is often tied to serious injuries and catastrophic damage

• Running a red light may suggest reckless behavior

• Tailgating can result in a rear-end collision, typically making the rear driver responsible

These patterns aren’t just speculation—they’re used every day by insurance companies, police officers, and courts when proving fault. The investigating officer’s report may cite a traffic violation as the reason for the crash, which can play a major role in how financial responsibility is assigned.

If you know what caused the accident, and it was something like driver impairment, distraction, or aggressive driving, that gives you a clearer path when dealing with the driver’s insurance company or preparing a personal injury claim.

How Long Will My Car Accident Case Take?

There’s no one-size-fits-all answer. A car accident injury claim can wrap up in a few months—or drag out for a few years. Much of it depends on how badly you were hurt and how long it takes to finish medical treatment.

We advise our clients that if they’re still in pain, they need to stay in treatment. Personal injury cases often don’t settle until the full extent of medical expenses is known. Insurance companies don’t like to pay for future care, so the longer you're symptomatic, the longer the claim may stay open.

Also, don’t wait too long to act. Under Louisiana’s statute of limitations, you usually have just one year from the date of injury to file a lawsuit. (For details, see our article on the statute of limitations.)

Most cases don’t go to trial, but your attorney can push for a fair settlement or file suit if necessary. Here’s a quick video that breaks down how fault works in these cases:

Contacting an Attorney for Help with Your Car Accident Claim

If you’ve been hurt in a Louisiana car accident, don’t try to take on the insurance company alone. Determining fault, gathering important evidence, and handling the paperwork can be overwhelming—especially if you’re dealing with medical bills and injuries.

Contact the Burnham Law Firm to get answers and take the next step.

When the fault is up for debate, evidence wins cases.