James Newell v. Russell Mccall Inc., et al.

New Orleans, Louisiana personal injury lawyer represented the Plaintiff who sued on auto negligence theories.



Louisiana's auto negligence law is primarily defined by its pure comparative fault system, where a plaintiff's compensation is reduced by their percentage of fault, even if they are mostly at fault. To prove negligence, a plaintiff must establish the four elements of duty, breach, causation, and damages. Additionally, the state has a "no pay, no play" statute, which may prevent uninsured drivers from recovering certain damages, and a general statute of limitations that sets a deadline for filing a lawsuit.



Key Components of Louisiana Auto Negligence Law



Pure Comparative Fault



Louisiana uses a "pure" comparative fault system, meaning you can still recover damages even if you are partially at fault for an accident.



Your compensation will be reduced by the percentage of fault assigned to you.



Elements of Negligence



To win a negligence case, you must prove four elements, which is in line with Louisiana Civil Code Article 2315:

Duty: The at-fault driver owed you a duty of care to drive reasonably and safely.



Breach: The driver failed to meet that duty, such as through distracted driving or failing to follow traffic laws.

Causation: The driver's breach directly caused your injuries.



Damages: You suffered actual damages, such as physical injuries or property damage.

Motion to Dismiss Case with prejudice. Signed by Judge Lance M Africk on 08/22/2025. (ko) (Entered: 08/22/2025)