I-310 Tanker Spill: The Chopin Law Firm on Louisiana's 51% Fault Rule

Injured drivers found 51% or more at fault now recover nothing under a 2026 change in Louisiana law

NEW ORLEANS, LA, UNITED STATES, November 10, 2026 /EINPresswire.com/ -- A tanker truck overturned Tuesday on the I-310 north on-ramp from Highway 90 East near Boutte in St. Charles Parish, spilling molasses and oil onto the ramp, WWL-TV reported. Deputies with the St. Charles Parish Sheriff's Office said molasses was leaking from the tanker and oil was leaking from the truck. The sheriff's office closed the I-310 north on-ramp from Highway 90 East, and Highway 90 West had one lane open, while Highway 90 East was not affected, WDSU reported.

The sheriff's office directed Highway 90 East drivers headed to I-310 north to continue on Highway 90 East and make a U-turn near LA 52 (Paul Maillard Road). Early reports did not mention any injuries, and officials had not released a cause of the crash or identified the company that operated the tanker.

For anyone hurt in a crash like this one, such as a driver who loses control on spilled cargo or is hit in the backup behind a closure, the key question is often who was at fault. The Chopin Law Firm, a New Orleans personal injury firm that represents truck accident victims throughout Louisiana, notes that a recent change in state law has raised the stakes of that question.

Since January 1, 2026, the answer can decide whether an injured person recovers anything. Act 15 of the Louisiana Legislature's 2025 Regular Session amended Civil Code Article 2323, replacing the state's pure comparative fault system with a modified comparative fault rule. An injured person found 51 percent or more at fault for their own damages is now barred from recovering damages, and a person found less than 51 percent at fault has their recovery reduced by their percentage of fault. Under the previous pure comparative fault system, an injured person could recover a reduced amount even if they were mostly at fault.

In spill-related truck crashes, that change gives trucking companies and their insurers a strong reason to focus on the injured driver. Common arguments include that the driver was going too fast for conditions, was following too closely, or should have seen the spill or the closure in time to stop. Shifting enough fault onto the injured person can sharply reduce a claim or eliminate it.

"Before this year, an argument about a driver's share of fault usually changed how much a person could recover. Now it can decide whether they recover at all," said Justin Chopin, owner and managing partner of The Chopin Law Firm. "Our attorneys have represented insurance companies, and we know the defense starts building that argument soon after a crash. When a truck spills its load across a ramp, the focus belongs on how that cargo ended up on the road, not on second-guessing a driver who came around the curve and had no warning."

Fault in a crash like this often turns on details that can disappear quickly. The sheriff's office crash report, the timing of the spill compared to when warnings or lane closures went up, and photos or dashcam video taken before cleanup can all show what an approaching driver could reasonably see. The trucking company's own records matter too, including electronic logging data, inspection and maintenance records, and shipping records showing what the tanker was carrying and how full it was. Gathering that evidence early is a central part of building truck accident claims.

For many personal injury cases arising on or after July 1, 2024, Louisiana law provides a two-year prescriptive period, but claims involving earlier accidents or special circumstances may be subject to different rules.

Anyone injured in a truck accident or a crash involving spilled cargo in St. Charles Parish or elsewhere in Louisiana can contact The Chopin Law Firm at (504) 475-2429 or request a free case evaluation. There is no fee unless compensation is recovered.

About The Chopin Law Firm
The Chopin Law Firm is a New Orleans personal injury law firm that represents injured people and their families throughout Louisiana. The firm handles car and truck accidents, maritime and offshore injuries, premises liability, workers’ compensation, and wrongful death claims. Its attorneys bring prior experience representing insurance companies and corporations, giving clients an inside view of how the other side approaches a case. Learn more at chopinlawfirm.com.

Justin Chopin
The Chopin Law Firm
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