Louisiana Comparative Fault Calculator (New 51% Rule)

Louisiana spent 45 years as one of the most forgiving fault states in the country. On January 1, 2026, that changed. See which rule applies to your accident date.

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Which rule applies, and what can you recover?

Enter your accident date, estimated damages, and your own share of fault. Louisiana's rule genuinely depends on when the accident happened.

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A genuine, recent turning point

For 45 years, under Civil Code art. 2323, Louisiana used pure comparative fault — a claimant's own fault reduced their recovery, but never eliminated it, no matter how high the percentage. On January 1, 2026, House Bill 431 amended article 2323 to add a modified comparative fault rule: for accidents occurring on or after that date, a claimant found 51% or more at fault recovers nothing at all.

The date of the accident, not the lawsuit, controls

This change applies prospectively only. An accident occurring on or after January 1, 2026 is governed by the new 51% bar. An accident before that date remains under the former pure comparative fault rule, even if the lawsuit is filed, or reaches trial, well after the new rule took effect. This mirrors the same date-driven structure as Louisiana's 2024 prescription extension — the specific date of the underlying incident, not when the case happens to be handled, decides which rule applies.

The new rule, precisely

Under the amended article, a claimant at exactly 50% fault is not yet over the bar — their damages are reduced but not eliminated. Only at 51% does the claim become entirely barred. This makes Louisiana's new rule a genuine "51% bar" state, joining the majority of US jurisdictions rather than remaining one of the handful of pure comparative outliers.

Worked example under the new rule

For an accident on or after January 1, 2026, someone with $100,000 in damages, found 49% at fault, recovers $51,000. The same person, found 51% at fault, recovers nothing at all — a complete reversal from how the exact same facts would have played out under the old pure comparative rule, where that 51%-at-fault claimant would still have recovered $49,000.

Fault is still compared against everyone involved

Both the old and new versions of article 2323 share this feature: fault is determined for every person who contributed to the injury, regardless of whether they're a party to the lawsuit, their ability to pay, any statutory immunity they might have, or whether their identity is even known. See our full comparison of Louisiana's old and new rules for more on how this transition actually works.

Louisiana comparative fault — frequently asked questions

Does Louisiana still use pure comparative fault?

Only for accidents before January 1, 2026. For accidents on or after that date, Louisiana Civil Code art. 2323 now applies a modified comparative fault rule with a 51% bar.

What happens if I'm found 51% at fault for an accident after January 1, 2026 in Louisiana?

You recover nothing. The new rule bars recovery once a claimant's fault reaches 51% or more, for accidents occurring on or after January 1, 2026.

How is an accident before 2026 still treated under the old rule?

The former pure comparative fault system still governs claims arising from accidents before January 1, 2026, even if the lawsuit is filed, or reaches trial, well after that date.

Why did Louisiana change its comparative fault rule?

The 51% bar was enacted through House Bill 431, part of a broader insurance and civil justice reform package signed into law in 2025, bringing Louisiana in line with the majority of US states.

Is fault aggregated against all responsible parties in Louisiana?

Yes, under both the old and new versions of Civil Code art. 2323, fault is determined for every person contributing to the injury, regardless of whether they are a party to the lawsuit.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Louisiana statute (La. Civ. Code art. 2323, before and after the 2026 amendment) verified per our methodology. Confirm which rule applies to a specific claim with a licensed Louisiana attorney before acting.