Can I File Claim If Partly At Fault in A Car Accident

In some car crashes or auto accidents, determining who was at fault is easy. But sometimes in a Louisiana car accident, two or more drivers share responsibility.

In those cases, an injured driver may ask: “Can I get compensation if the accident was partly my fault?”

As a Louisiana car accident lawyer, I get calls all the time from people seriously injured in accidents where the fault could be spread across multiple parties.

What Are Some Examples of Accidents Where Multiple Drivers Share Fault?

• A speeding car changes lanes on Interstate 310 but collides with a pickup truck traveling without headlights, even though it is nighttime.
• A motorcycle “splits the lane” and is hit by a car changing lanes without using a turn signal.
• An SUV passes in a no-passing zone on Highway 1, but the tractor-trailer swerves and hits it.
• Both drivers can share blame if they are both changing lanes on Highway 90 simultaneously without checking blind spots or using signals.
• In multicar accidents, fault can be shared when more than one driver makes a mistake that contributes to the crash, such as following too closely, speeding, or failing to react in time to a sudden stop.

Can You Still File a Claim If You Were Partly at Fault in a Car Accident?

Yes. You can file a claim even if you were partly at fault in a car accident because of Louisiana’s comparative fault rule. Your compensation will be reduced by your percentage of fault. For example, if you are found to be 10% at fault, you would receive 90% of your total damages.

However, beginning January 1, 2026, a new rule will go into effect. If you are found to be 51% or more at fault, you will be barred from recovering any compensation. This means that after 2026, even slight differences in fault percentages can determine whether you recover anything at all.

How Does Comparative Fault Affect a Car Accident Claim in Louisiana?

In Louisiana, comparative fault reduces your compensation based on your share of the blame. If you’re 20% at fault in a $10,000 claim, you’d receive $8,000. You can still recover damages even if partially at fault, but insurers may try to increase your blame to lower payouts.

Louisiana’s comparative fault law is found in Louisiana Civil Code 2323.

Insurance Companies Use Fault to Reduce What They Pay

Insurance adjusters often try to assign more blame to you to save money. The more fault they put on you, the less they owe. Be careful when speaking with them and avoid accepting blame without knowing all the facts.

You Can Still Recover Damages Even if You’re Partly at Fault

Being partly responsible doesn’t block you from getting help. You may still recover money for your medical bills, lost income, and vehicle damage. Your final payout depends on how fault is divided.

Proving What Really Happened Is Key

To protect your claim, it’s important to show what truly happened. Strong evidence like police reports, photos, witness statements, and video footage can help prove your case and fight unfair fault claims.

Why the Right Legal Help Matters

The attorneys at LJBLegal know how to handle insurance companies that try to shift blame. They collect solid evidence and work with trusted experts to make sure fault is judged fairly. With their support, you’re more likely to recover the full amount you deserve.

• Reduced compensation: Your payout is lowered based on your share of fault. If you’re 20% at fault in a $10,000 claim, you would receive $8,000.
• Negotiation with insurance: Insurers often try to assign more fault to reduce what they pay.
• Potential for a lawsuit: Even if you share fault, you can still recover money for medical care, lost wages, and property damage.

Why Does the 2026 Louisiana Fault Law Change Matter?

The move to modified comparative fault makes it much easier for insurance companies to deny claims. If any piece of blame could fall on you, they can use that to deny or delay payment. The other driver might have blown a red light, but if you were speeding, they could argue you were slightly more responsible. Even if you eventually win, the process will take longer, and insurance companies will hold onto their money in the meantime. This change is likely to cause more litigation, not less.

How Is Fault Determined in a Louisiana Car Accident?

The insurance company will investigate the crash and often try to assign you more fault than is fair. If your case goes to trial, a judge or jury will decide how much responsibility each person carries. There’s no exact formula for how fault is determined in an accident, which is why having strong evidence and an experienced lawyer matters.

What Factors Help Determine Fault?

• Traffic law violations: Speeding, running red lights, or failing to yield can indicate fault.
• Driver behavior: Distracted, impaired, or aggressive driving may contribute to fault.
• Physical evidence at the scene: Skid marks, debris, and vehicle damage help reconstruct what happened.
• Witness testimony: Neutral third-party statements can support or challenge what each driver claims.
• Police reports: The officer’s observations and conclusions often play a big role in assigning blame.

Why Should You Contact a Lawyer If You Might Be Partly at Fault?

You should contact a lawyer if you’re partly at fault because liability percentages are often disputed. An attorney can protect your rights, negotiate with insurers, gather evidence to show negligence, and help ensure your compensation isn’t unfairly reduced or eliminated due to your percentage of fault.

If you don’t have legal help, you could be unfairly blamed and lose your right to compensation. The attorneys at LJBLegal know how to investigate and build strong evidence that supports your side of the story.

If you were seriously hurt in a car accident and might be partly at fault, contact a Metairie car accident lawyer at LJBLegal. We’ll walk you through your options and help you protect your right to recovery.

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