Louisiana Car Accident Laws – All You Need To Know

Between trying to physically heal from injuries and recover damages for your losses, it’s easy to become overwhelmed and unfocused in the wake of a car accident. Having a clear plan can help you through the recovery process. Even if you plan to hire a car accident lawyer, it’s imperative that you understand Louisiana car accident laws, your rights, and what to do in the wake of an accident.

It’s critical to practice safe driving to minimize your risk of injury on the road, but it’s just as critical to know what to do if you do find yourself in any type of collision. Building your car accident claim starts seconds after the accident is over. It’s important that you have a basic understanding of Louisiana car accident laws to set yourself up for success.

Louisiana Car Accident Laws

Louisiana has historically followed a pure comparative state law, but is adopting a modified comparative fault law in 2026. With a modified comparative fault system, victims in traffic accidents can file a claim and recover damages as long as they are not 51 percent or more at fault for the incident.

Proving fault is an important aspect of winning a car accident case, which involves gathering evidence and understanding the Louisiana court system. With experience working with the Courts of Appeal for the state of Louisiana, the Louisiana Supreme Court, and the United States Court of Appeals for the 5th Circuit, we’re confident we can help here at the law office of Chris Villemarette, Trial Lawyer.

If you wish to file a car accident claim after sustaining injuries in a crash, you typically must do so within two years of the incident. The defending party can file a motion to dismiss if you attempt to recover damages outside this statute of limitations.

Some car accidents result in fatal injuries, leaving the victim unable to seek compensation. There were a total of 755 fatal car accidents in Louisiana in 2023, resulting in 811 fatalities. The people injured were other drivers, bicyclists, motorcyclists, and pedestrians.

The fatalities on the road in 2023 included:

• 35 bicyclists
• 97 motorcyclists
• 145 pedestrians
• 592 vehicle drivers

Lafayette specifically has more fatal crashes per capita, yet fewer non-fatal injury crashes than the rest of Louisiana. In the event a victim succumbs to their injuries, certain family members may be eligible to recover damages on their behalf. Wrongful death claims must be filed within one year of the decedent’s death.

No matter the type of claim you are filing after a car accident, you may be able to recover any amount of financial and non-financial damages as compensation. This covers direct costs like loss of income and medical bills, as well as more difficult-to-define losses such as pain and suffering.

FAQs

Is It Difficult to Win a Car Accident Case in Louisiana?

While the process of filing a car accident claim is fairly straightforward, it can be challenging to secure a fair settlement for your claim. Your chances of winning ultimately depend on the strength of your case and your ability to negotiate or fight for a fair settlement. An experienced car accident lawyer can help you gather the right evidence and use the right tactics to build a strong case and secure the compensation you are owed.

What Steps Do I Take After a Car Accident in Louisiana?

After you’re in an accident, it’s critical to ensure everyone is out of immediate danger and gets the medical attention they require. If possible, it’s beneficial to gather as much information about the accident as possible while you’re at the scene.

Exchange information with all involved parties, take pictures and videos, and talk to witnesses. It’s also imperative that you contact local law enforcement and give a statement. You can ask for a copy of the police report, too.

What Is the Statute of Limitations on Car Accident Claims in Louisiana?

If you’re involved in a car accident and wish to file a personal injury claim, you typically have two years from the date of the accident to do so in Louisiana. If the victim in an accident succumbs to their injuries, eligible family members may be able to file a wrongful death claim to recover damages on their behalf instead. Wrongful death claims usually must be filed within a year of the victim’s death.

Can I File a Car Accident Claim if I am Partially at Fault in Louisiana?

You are eligible to file a car accident claim and recover damages in Louisiana even if you are partially at fault for the incident. Louisiana historically has followed a pure comparative fault law. As of January 2026, they are switching to a modified comparative fault system wherein plaintiffs can only recover damages if they are 50 percent or less responsible for the accident. Your percentage of fault is going to affect your overall settlement amount.

Hire a Car Accident Lawyer Who Understands Louisiana’s Car Accident Laws

When it comes to staying safe on the road, it’s critical to prepare for the worst. That way, you can avoid the panic and think proactively about gathering key information and evidence at the scene. This can make all the difference down the road when you file a claim. The good news is you aren’t expected to know everything. In fact, it’s highly recommended that you hire a car accident lawyer to help you through your claim.

The law office of Chris Villemarette, Trial Lawyer, has over three decades of experience navigating these types of cases. Over the years, we’ve completed over 4,000 consultations and recovered over $60 million for our clients. With a 95 percent success rate, we’re confident we can help you secure the settlement you deserve.

We’re comfortable navigating cases of all sizes and scopes, so you can count on us to be by your side no matter how complicated your situation may seem at first. If you’re ready to discuss your car accident claim in more detail, reach out to a member of our team to schedule an initial consultation today.