Understanding Louisiana’s Comparative Fault Laws In Trucking Accidents

Trucking accidents can quickly derail an individual’s life with injuries, damaged property, and emotional distress. However, these consequences can be compounded and amplified by an intense legal battle if fault for the accident is unclear. Trucking accidents often bring much legal complexity with them, due to the multiple parties who may be at fault for the accident. Truck drivers, trucking companies, loading companies, and maintenance supervisors could all bear partial responsibility, which means that liability may not be a cut and dry issue of who was at fault on the road. 

Louisiana’s comparative fault laws are generally the foundational statutes that govern these cases. Comparative fault is the degree to which each party is liable for the accident in comparison to the other. This means that contributory negligence on the part of the injured party could impact the amount of compensation they qualify for. Comparative fault laws in Louisiana could be key to getting the damages an individual is owed, which means a skilled Louisiana trucking accident attorney like the Louisiana Law Lady is an invaluable asset in trucking accident cases.

Consider scheduling an appointment with Lauren Pilié, the Louisiana Law Lady, by calling or texting at (504) 470-3511.

Louisiana Pure Comparative Negligence

After trucking accidents in Louisiana, the involved parties must determine who is at fault for the accident. This is relevant because the amount of compensation afforded to the injured party may be influenced by their degree of contributory fault. This is because Louisiana is a pure comparative negligence state. Pure comparative negligence states that comparative fault may reduce the injured party’s rights to compensation by the degree of their comparative fault. This means that if an individual is 25% responsible for an accident, they may only receive 75% of the calculated damages for the accident. 

Louisiana Civil Code § 2323

The statute that governs pure comparative negligence in Louisiana is the Louisiana Civil Code § 2323, which states that the amount of damages awarded to the injured party will be reduced by the percentage of contributory negligence determined by the court. What this means is that the amount of recoverable damages from trucking accidents is determined in court by evaluating the actual damages in both tangible financial costs and intangible costs, then reducing these damages by the amount of comparative fault. Understanding how contributory negligence or comparative fault can impact trucking accident cases can help individuals prepare for these arguments when building their cases. 

However, this is changing soon in Louisiana. The state legislature recently voted to switch from a pure comparative fault system to a modified comparative fault system. This means that if the Plaintiff is more than 50% at fault, then they can recover nothing for their claim. Under pure comparative fault, if a Plaintiff was 60% at fault and was awarded $100,000, their recovery would be reduced by 60%, and they would get $40,000. Under the new system, the Plaintiff would get $0. This change will take effect on January 1, 2026.

Determining Fault in Trucking Accident Cases

A skilled Louisiana trucking accident attorney may be able to help to construct a case for compensation under Louisiana’s comparative fault laws. This is accomplished in several steps. First, a trucking accident attorney will consult with the client to evaluate their case. Taking the initial facts and details of the case, the attorney may be able to advise a course of action to the individual. After this, the attorney can begin to build a case. This generally involves collecting data and evidence to show clearly the facts of the incident, which may include photographic and video evidence of the crash, witness testimonies, and financial records. Once this is complete, the attorney can then either begin negotiating with the insurance company for fair compensation, or represent their client in court.

For more detailed information on how comparative fault could affect this process, consider speaking with Lauren Pilié, a skilled Louisiana trucking accident attorney.

Duty of Care

One of the factors that a lawyer for trucking accidents will assess in a trucking accident case is the driver’s duty of care. Duty of care is a key factor of Louisiana’s comparative fault laws, as it helps to establish liability for an accident. A driver may be at fault if they were implicitly or explicitly responsible under the law to prevent the given accident from occurring. This legal obligation is called duty of care. For example, truck drivers have a duty of care to remain sober while operating a vehicle. Therefore, if they are driving in the influence of drugs or alcohol or are otherwise impaired, they may be in breach of this duty. 

Breach of Duty

The second piece in determining liability for trucking accidents is a breach of the duty of care. To determine fault, the plaintiff must establish a specific breach of the defendant’s duty of care. This can take many forms in a trucking accident case, but it is a key part of building a compelling case. The facts must clearly point to a breach of duty that endangered individuals and vehicles on the road. This could be negligence, failure to maintain the vehicle to industry standards, or many other breaches of duty. 

Causation

The third connection that an attorney can make to prove liability in trucking accident cases is that the breach of duty directly caused the accident in question. This may also have an impact on comparative fault in Louisiana, as the contributing factors to the accident can complicate matters. However, if an attorney can prove that the negligence of the driver led to the accident, there may be a compelling case to be made. Documentation of this may be accessible from police or first responder reports, provided under Louisiana R.S. § 32:398.

Damages

The final piece of the puzzle is the damages incurred from the accident. Trucking accidents do not qualify as accidents (for claim purposes) if nothing and nobody were harmed or damaged because of the incident. Therefore, the individual must compile the costs, non-economic and otherwise, that arose due to the accident. This can include medical bills, costs of vehicle repairs, lost wages, cost of alternative transportation, as well as pain and suffering compensation. Understanding the value that was lost due to the accident may help clarify what is owed to the injured party. However, comparative fault laws may impact how much of these damages are awarded to the plaintiff. 

Contact a Louisiana Trucking Accident Attorney

Comparative fault can significantly impact the landscape of cases revolving around trucking accidents. Generally, the injured party will wish to pursue compensation for the damages incurred. However, the opposing party may try to argue that the injured party shared partial liability, thus reducing the awardable damages. This conflict and debate shapes many trucking accident cases, and could dramatically impact the amount of compensation received. 

Trucking accidents are complex, and determining fault is often a challenge. However, Lauren Pilié is a skilled Louisiana trucking accident attorney who may be able to help evaluate your case and help build a compelling case. Consider scheduling an appointment with the Louisiana Law Lady today by calling or texting (504) 470-3511.