Author: Landyn A. Gautreau
Louisiana’s legal system just underwent one of its most significant changes in decades. As of January 1, 2026, House Bill 431 (Act 15) has officially moved the state from a “Pure” to a “Modified” Comparative Fault system. This represents the most significant change to Louisiana personal injury law in decades, creating a “threshold” for recovery that did not exist previously.
If you are injured in an accident, understanding this change isn’t just helpful; it’s essential for your financial recovery.
What Is Comparative Fault?
Comparative Fault (also called “Contributory Negligence”) is the legal principle used to decide how much each person’s actions contributed to the accident. This percentage directly affects the amount an injured person can recover.
The Shift: Old Rule vs. New Rule
- The Old Rule (Pre-2026): “Pure Comparative Fault”
Previously, you could recover damages even if you were 99% at fault; your award was simply reduced by that percentage. (e.g., If you were 75% at fault for a $100k claim, you still recovered $25k). - The New Rule (2026 & Beyond): “The 51% Bar”
Under HB 431, if you are found to be 51% or more at fault, you are legally barred from recovering any damages at all. You recover $0, even if the other party was 49% responsible.
| Your Percentage of Fault | Old Rule (Pre-2025) | New Rule (2026 & Beyond) |
| 20% at fault | Recover 80% | Recover 80% |
| 50% at fault | Recover 50% | Recover 50% |
| 51% at fault | Recover 49% | BARRED ($0) |
| 75% at fault | Recover 25% | BARRED ($0) |
Critical Requirement: Jury Instructions
A key provision of HB 431 is that, in any case in which comparative fault is at issue, the jury must be instructed on how the 51% rule applies. Jurors will be explicitly told that if they find the plaintiff 51% or more at fault, the plaintiff will receive nothing.
Why Your “At-the-Scene” Homework Matters
Because a shift of just 1% can mean the difference between a settlement and a total loss, the evidence gathered immediately following an accident is more valuable than ever.
Do not leave the scene before the officer arrives. The police report is often the first and most influential document used to assign these fault percentages. While on the scene, you must treat the situation as a “homework assignment”:
- Document vehicle positions: Take photos of where the cars stopped, not just the dents.
- Gather Witness Info: Independent witnesses can prevent “he-said/she-said” scenarios that insurance companies use to shift blame.
- Note Environmental Factors: Rain, obscured signs, or malfunctioning signals must be documented immediately.
When Does This Apply?
This law applies to all lawsuits filed on or after January 1, 2026. If your accident happened in 2025 or earlier, your case will still be governed by the old “Pure” comparative fault rules, even if your trial happens in 2026.
What This Means For You
If you are injured in Louisiana after January 1, 2026, your share of fault is no longer just a “discount” on your check; it is the gatekeeper of your right to recover. Insurance companies are now incentivized to find any reason to push your fault over that 51% threshold.
Thorough investigation and early legal strategy are your only defenses against the “51% Bar.”
