New Laws Target Trucking Lawsuits, Insurance Rates, and Fraud in Louisiana
Big moves for Louisiana trucking! New tort laws on the books
aim to clean up the legal system, cut down on fraud, and hopefully help lower
insurance costs.
At the top of the list, and in my opinion, the most impactful tort reform
Louisiana has passed in years is HB431.
HB431 – No More Payouts if You’re Mostly at Fault
Louisiana’s been using a “pure comparative fault” system,
meaning someone who’s 99% at fault in a wreck could still sue and win money
from the 1% driver.
Starting Jan. 1, 2026, that gets scrapped. If you're 51% or more at fault, you
don’t get to collect anything. This change strikes at the heart of the reptile
attorney playbook—lawyers who use fear tactics to sway juries and inflate
settlements.
It’s been a litigation lawyer’s wet dream for years, and trucking companies
have paid the price. The gravy train ends in 2026!
HB434 – No Pay, No Play Just Got Tougher
Uninsured drivers won’t be able to recover the first
$100,000 of any bodily injury or property damage claim. That’s a major jump
from the current limits of $15K (injury) and $25K (property).
Goes into effect Aug. 1 and is aimed at reducing lawsuits from drivers who
shouldn’t be on the road in the first place.
HB436 – Limits on Damages for Undocumented Drivers
Also effective Aug. 1, undocumented drivers involved in
wrecks will no longer be able to sue for pain and suffering or lost wages.
They can still go after medical bills and property damage, but the big ticket
stuff is off the table.
B450 – No More “Automatic Injury” Assumptions
This one’s already
live. It gets rid of the Housley Presumption, which used to assume that a wreck
caused an injury, even without proof.
Now, the burden is back where it belongs: on the plaintiff. This should help
reduce inflated claims and lower insurance premiums.
HB549 – Dash Cams = Insurance Discounts
Starting Jan. 1, 2026, commercial auto carriers in Louisiana
must offer policy discounts to insureds who use dash cams and telematics.
You’ll need to show proof they’re installed and working, but this is a win-win.
Better protection and lower premiums.
The Louisiana Motor Transport Association called these reforms “meaningful
progress toward correcting a legal environment that has contributed to
escalating insurance premiums.”