Tailgating Accident Lawyer in New Orleans

Understanding New Orleans Tailgating Accident Laws

Louisiana calls its filing deadline the prescriptive period, and it changed recently. The fault rules changed too, which makes early evidence more valuable than ever. Here is what matters most for your case:

Louisiana Prescription Period for Tailgating Accident Claims:

• Louisiana generally provides a two-year prescriptive period for delictual actions under Civil Code Article 3493.1. The period begins when the injury or damage is sustained, but the deadline applicable to a particular claim can depend on the circumstances and the date of the accident.

Comparative Fault:

Since January 1, 2026, Louisiana follows a modified comparative fault rule.

• If you are 50% at fault or less, you still recover money, reduced by your share of the blame.
• At 51% or more, you recover nothing.

Crashes before that date fall under the older rule, which allowed some recovery at any percentage of fault.

Minimum Insurance Requirements:

Louisiana generally requires minimum automobile liability coverage of $15,000 for bodily injury to one person, $30,000 for bodily injury to two or more people in one accident, and $25,000 for property damage. Serious injuries can exceed minimum policy limits, so identifying all potentially applicable insurance coverage can be important.