Truck Accident Claims in Louisiana
The safety and insurance rules for trucks in Louisiana, how fault is shared, any limits on damages, and the deadline to sue.
Short answer: Louisiana adopts the federal motor carrier safety regulations, including driver qualifications (49 CFR 391), hours of service (49 CFR 395), inspection, repair and maintenance (49 CFR 396) and financial responsibility (49 CFR 387), enforced by the State Police. La. Admin. Code tit. 33, pt. V, §§10301, 10303, 10305
| Truck safety and insurance rules | Louisiana adopts the federal motor carrier safety regulations, including driver qualifications (49 CFR 391), hours of service (49 CFR 395), inspection, repair and maintenance (49 CFR 396) and financial responsibility (49 CFR 387), enforced by the State Police. They apply to carriers covered by federal rules, to vehicles carrying hazardous materials or 16 or more people, and also to intrastate commercial vehicles over 26,000 pounds used in commerce or industry, with state amendments. Federal minimum insurance for interstate carriers is in 49 CFR 387.9. |
|---|---|
| Fault rule (comparative negligence) | Modified comparative fault with a 51% bar, effective January 1, 2026. An injured person who is 51% or more at fault cannot recover damages; a person who is less than 51% at fault has damages reduced by his or her percentage of fault. Fault is assigned to everyone who contributed, including non-parties. Damages are not reduced when the other party was an intentional wrongdoer. Before Acts 2025, No. 15 (effective Jan. 1, 2026), Louisiana used pure comparative fault; check which version applies to an older claim. Source: La. Civ. Code art. 2323 |
| Damage caps | Caps apply to claims against the state and local governments ($500,000 for general damages) and to medical malpractice claims against qualified health care providers ($500,000). |
| Deadline to sue for an injury | Two years. Delictual (tort) actions, including personal injury claims, are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. This two-year rule took effect July 1, 2024, when the former one-year rule (Civil Code art. 3492) was repealed. Injuries that occurred before July 1, 2024 may be governed by the former one-year period; check the effective-date provisions of Acts 2024, No. 423 for older claims. Source: La. Civ. Code art. 3493.1 |
More Louisiana personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Louisiana
- Wrongful Death Lawsuits in Louisiana
- Medical Malpractice Rules in Louisiana
- Car Accident Claims in Louisiana
- Dog Bite Liability in Louisiana
- Slip, Trip and Fall Injuries in Louisiana
- Sidewalk and Public Property Falls in Louisiana
- Motorcycle Accident Claims in Louisiana
- Pedestrian Accident Claims in Louisiana
- Bicycle Accident Claims in Louisiana
- Uber and Lyft Accident Claims in Louisiana
- Construction Site Injuries in Louisiana
- All Louisiana personal injury & wrongful death rules
FAQ
What safety and insurance rules apply to trucks in Louisiana?
Louisiana adopts the federal motor carrier safety regulations, including driver qualifications (49 CFR 391), hours of service (49 CFR 395), inspection, repair and maintenance (49 CFR 396) and financial responsibility (49 CFR 387), enforced by the State Police. They apply to carriers covered by federal rules, to vehicles carrying hazardous materials or 16 or more people, and also to intrastate commercial vehicles over 26,000 pounds used in commerce or industry, with state amendments. Federal minimum insurance for interstate carriers is in 49 CFR 387.9.
Can you recover damages if you were partly at fault in Louisiana?
Modified comparative fault with a 51% bar, effective January 1, 2026. An injured person who is 51% or more at fault cannot recover damages; a person who is less than 51% at fault has damages reduced by his or her percentage of fault. Fault is assigned to everyone who contributed, including non-parties. Damages are not reduced when the other party was an intentional wrongdoer.
Does Louisiana cap damages in personal injury cases?
Caps apply to claims against the state and local governments ($500,000 for general damages) and to medical malpractice claims against qualified health care providers ($500,000).
What is the statute of limitations for personal injury in Louisiana?
Two years. Delictual (tort) actions, including personal injury claims, are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. This two-year rule took effect July 1, 2024, when the former one-year rule (Civil Code art. 3492) was repealed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.