Louisiana applies a “pure” comparative negligence regime. It works like this:

  • After considering the evidence, the court determines the parties’ relative percentages of fault for the accident (30 percent to Party A and 70 percent to Party B, for example).
  • Each party pays that percentage of his own damages that equals his own degree of fault, and the other party pays the rest (Party A pays 30 percent of his own damages and receives 70 percent from Party B, for example, while Party B pays 70 percent of his own damages and receives 30 percent from Party A).