Is Louisiana an At-Fault State?
Yes, Louisiana operates as an at-fault state, often referred to as a “tort” state. This means that if you’re in an accident caused by another driver’s negligence, their insurance is responsible for covering your damages, not your own.
Recovering damages can become complicated if the at-fault party is uninsured or underinsured. In such cases, pursuing compensation may involve additional steps to address medical bills, lost wages, and other losses. If you’re dealing with the challenges of an accident involving an uninsured driver, an uninsured car accident lawyer in Lafayette can help. Our law firm is here to guide you through the process and help you explore your legal options.
Proving Fault in a Tort State
In Louisiana, a tort state, proving the other party’s responsibility for an accident involves demonstrating they breached their duty of care. In some cases, this is straightforward—such as when you’re rear-ended or if the other driver receives a citation at the scene. These situations typically make it easier to establish who is at fault.
However, determining fault can be more challenging in complex situations. Louisiana’s comparative fault laws assign a percentage at fault to each party, which can affect the outcome of your claim. A personal injury attorney from our Lafayette law firm can help clarify these issues and build a strong case.
Our team is here to assist you in working through the impact of comparative fault laws and making sure the liable party is held accountable. Let us provide the guidance you need to pursue a resolution you believe is fair.
Understanding Louisiana’s Pure Comparative Fault Rule
Louisiana law (Art. 2323) follows a pure comparative fault rule, which means that courts determine the percentage of fault each party holds in an accident. This rule also applies if you’re partially responsible for the crash.
For example, if you were texting while driving and ran a stop sign, and another driver who was speeding hit your car, both parties would share some responsibility. The court might decide you’re 40% at fault and the other driver 60%. In this case, the other party would be responsible for covering 60% of your damages. If the at-fault party is uninsured, things can become more challenging. That’s where an experienced uninsured motorist accident attorney in Lafayette, LA, can make a difference. We’re here to help you pursue a claim and explore all available options to recover the damages you’re owed.