If both of you were speeding when the crash happened, you might assume that cancels out your right to compensation — but under Louisiana law, fault doesn’t work that way. Instead of treating blame as all-or-nothing, the courts look at how much responsibility each driver holds, which means even if you made mistakes, you may still have a valid claim.
Let’s break down how shared fault could affect your ability to recover damages after a car accident in Louisiana.
How does Louisiana handle shared fault in crashes?
Louisiana applies a pure comparative fault rule, which means you can still recover compensation for your injuries even if you were mostly at fault for the crash. Your total recovery gets reduced based on your percentage of blame — so if you are found 40 percent responsible, your payout drops by that amount, and even at 80 percent fault, you may still recover the remaining 20 percent.
Fault doesn’t come down to who got hurt worse — it’s about who caused the crash and how much blame the law assigns to each driver.
Does speeding always mean you are at fault?
Speeding can make things worse, but it does not always make you the one who caused the crash. If the other driver ran a red light, crossed into your lane or made a left turn in front of you, then their actions may carry more weight, even if you drove over the limit. The facts matter: where the crash happened, how fast everyone drove and what the scene looked like right after impact.
How do you prove the other driver was more at fault?
Your words alone won’t carry much weight — you need solid evidence to show how the crash really happened. Traffic cam footage, black box data, witness statements and crash reports can paint a clearer picture of who caused what and how. You’re not trying to prove perfection here — you’re showing how the other driver’s choices led to the crash and why those decisions caused your injuries.
What this means for your injury claim
When both drivers were speeding, your chance at recovering damages depends on how clearly the facts point to the other driver’s role in the crash. You don’t need to build the case alone, but you do need to act before evidence disappears or anyone reshapes the story. The sooner you take action, the easier it becomes to protect what matters and push back when someone tries to downplay what you’ve been through.
