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Louisiana’s 51 Percent Fault Rule Explained

January 1, 2026  |  Car Accident by Chris Corzo Injury Attorneys

On January 1, 2026, Louisiana adopted a major change in how fault is judged in auto accident injury cases. This change is part of Act 15 of 2025 (House Bill 431) and amends Louisiana Civil Code Article 2323. The state moved from a pure comparative fault system to a modified comparative fault system with a strict 51 percent threshold.

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Under the new rule, a person cannot get any money if they are 51 percent or more at fault for the accident. If a person is 50 percent or less at fault, they can still get money. The amount they get is reduced by their share of the fault.

How the Old Rule Worked

Before 2026, Louisiana used a rule called pure comparative fault.

This meant:

  • Everyone in the accident could be given a fault percentage.
  • Even if someone was mostly at fault, they could still get some money.
  • There was no cutoff rule.

For example, if someone was 90 percent at fault, they could still get 10 percent of their damages. See more wins by Chris Corzo Injury Attorney for car and truck wreck claims here.

This rule allowed injured people to recover some money even when they made big mistakes. Got some thoughts about it? Tell us on Reddit. What happens on Reddit stays on Reddit.

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How the New 51 Percent Rule Works

The new rule is stricter.

  • If a person is 51 percent or more at fault, they get nothing.
  • If a person is 50 percent or less at fault, they can recover money.
  • The money is reduced by their fault percentage.

This rule is similar to the laws used in many other states. States such as Texas, Illinois, Indiana, Michigan, Ohio, Pennsylvania, New Jersey, Massachusetts, Connecticut, South Carolina, Wisconsin, Minnesota, Montana, and Iowa also limit or block recovery when a person is more than 50 percent at fault for an accident.

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Imagine a car crash where damages total $100,000.

  • Under the old rule, a driver who was 75 percent at fault could still get $25,000.
  • Under the new rule, a driver who is 51 percent or more at fault gets zero.
  • A driver who is 40 percent at fault would get $60,000.

A small change in fault can now decide whether someone gets paid or not.

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How a Personal Injury Lawyer Can Help

A personal injury lawyer is very important under the new rule.

Gathering Evidence
Lawyers collect photos, videos, and witness statements to show who caused the crash.

Fighting Fault Claims
Lawyers work to keep their client’s fault below 51 percent.

Dealing With Insurance Companies
Insurance companies often try to blame the injured person. Lawyers push back with facts.

Going to Court
If needed, lawyers present the case to a judge or jury.

Explaining the Law
Lawyers help clients understand their rights and risks under the new rule. Getting a lawyer early can make a big difference.