On May 28, 2025, Louisiana passed House Bill 431 (HB 431), a new law that will take effect on January 1, 2026. This bill changes how fault is handled in lawsuits after accidents. Specifically, it ends Louisiana’s use of the “pure comparative fault” system and introduces a stricter rule: people who are mostly at fault (51% or more) are barred from recovering damages.
How Things Work Now: Pure Comparative Fault
Under Louisiana’s current law, everyone involved in an accident is assigned a percentage of fault. In other words, a plaintiff who is mostly to blame for an accident can still recover damages.
For example:
Imagine there’s a car crash between two drivers. The plaintiff (the person suing) is found to be 51% at fault, and the defendant (the person being sued) is 49% at fault. If the plaintiff has $100,000 in damages, they could still recover 49% of that amount—so, $49,000—even though they were more at fault than the other driver.
That’s because under pure comparative fault, everyone involved pays their share, regardless of who’s more responsible.
What HB 431 Will Do: Modify Comparative Fault
Starting in 2026, under HB 431, a plaintiff who is 51% or more at fault cannot recover any damages. That is, a plaintiff must be less than 51% at fault to collect money from someone else.
In the same example above, the plaintiff who was 51% at fault would recover $0 under the new law.
Why the Law Changed
Supporters of HB 431 say this is a matter of fairness and accountability. People who are mostly at fault for an accident shouldn’t be able to sue and collect damages. The proponents of the bill hope that it will reduce instances of insurance fraud and frivolous lawsuits. By lowering risk for insurers, it could help bring down Louisiana’s car insurance premiums, which are some of the highest in the nation. Most other states already use some version of this rule, so this also brings Louisiana more in line with national standards.
What This Means
Anyone involved in an accident after January 1, 2026 will need to prove that they were not mostly to blame in order to recover any money. The law raises the bar for filing successful personal injury lawsuits and could lead to fewer payouts overall.
On the flip side, this law may protect someone who was not mostly at fault from having to pay out to someone who caused the bulk of the damage.
Looking Ahead
The full impact of HB 431 will take time to understand. Will it lower insurance rates? Will it reduce lawsuits? Drivers, lawyers, insurers, and courts will be watching closely once the law kicks in. But one thing is clear: starting in 2026, fault in Louisiana will matter more than ever.
Louisiana Tort Reform Legislation
Read all articles on Louisiana’s new tort reform legislation:
Louisiana HB 436: What Immigration Status Means in an Automobile Accident
Louisiana HB 148: Increased Insurance Regulations and Increased Consumer Participation
HB 431: A Major Change to Civil Liability in Louisiana
HB 434: How the No Pay, No Play Rule is Changing in Louisiana
HB 450 Ends Longstanding Presumption of Causation in Louisiana Personal Injury Cases