When drunk driving results in an accident, any resulting litigation can be different than with other accidents. Louisiana law says that if a drunk driver is more than 25% at fault for a car accident, they are barred from recovering damages.
This can make it easier for injury victims to recover financial compensation in court. Contact a Lafayette car accident lawyer to discuss your situation and learn how you could get compensation for what happened to you.
If you were injured due to a drunk driver, you may be able to pursue a personal injury lawsuit with the help of a Lafayette drunk driving accident lawyer. Call our law office to get justice after your crash.
Common Drunk Driving Accident Scenarios
Our Lafayette personal injury lawyers have seen many DUI accident scenarios, including rear-end and side-impact collisions. DUI is also the most common reason for head-on collisions. DUI accidents often happen late at night or early in the morning after people have a night of revelry.
Drunk driving crashes happen when a driver under the influence of alcohol gets into a crash. It takes much less alcohol to affect a person’s ability to think clearly and slows reaction times more than many people realize. The legal blood alcohol concentration limit, 0.08%, is very low. For some intoxicated drivers, the limit is only 0.04% or even none.
Drunk driving accidents usually occur closer to the denser city areas with late-night establishments. They often occur at intersections because drunk drivers cannot react as quickly to traffic control devices as sober drivers.
DUI Covers More Than Alcohol
In some cases, a person can get charged with DUI without having used alcohol. Any substance that affects your ability to drive safely, uphold your duty to not endanger others, or follow applicable traffic laws can cause a DUI. Drugs are a common cause, including:
- Illicit drugs
- Prescription drugs
- Over-the-counter drugs
Our personal injury lawyers may be able to help you discover what caused the at-fault driver’s intoxication and help you build a case to hold them responsible for your damages. Alcohol is the most common reason for DUI, but it may not be what caused the other impaired driver’s intoxication.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientComparative Fault and Drunk Driving in Louisiana
If the other driver was drunk, but you were somewhat at fault for your accident, then you could face some level of blame. Insurance companies will often fight to assign a percentage of blame to each side. This percentage can have a major effect on your financial compensation.
This is true in all car accident cases in Louisiana. Section CC Art. 2323 allows all involved in a crash to sue based on the other involved parties’ percentage of shared fault in most accidents. This means someone 75% at fault for a crash can sue for 25% of their losses.
If the injury victim was drinking and driving, however, their case may be much more difficult. Unlike accidents involving sober drivers, drunk drivers are barred from recovery if they are more than 25% at fault. If the other driver is barred, you will not have to worry about your level of fault reducing your award.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientDamages in an Intoxicated Driving Collision
After an intoxicated driving collision, injured parties can seek three types of recoverable damages: economic, non-economic, and punitive.
Economic damages cover calculable losses such as medical expenses, property damage, rehabilitation, and lost wages. Non-economic damages are more difficult to assign a dollar value to. They include things like pain and suffering, loss of consortium, and emotional distress.
Accident victims can also seek and recover future costs, such as ongoing medical care expenses and additional intangible losses. We value our clients’ compensable damages by:
- Gathering documents such as receipts and estimates
- Interviewing experts, including doctors, economists, and others as needed
- Using common techniques to determine a value for non-economic losses
Getting an accurate number for your damages is crucial to get a fair result. Insurance companies will try to offer you a low settlement and push you to settle early to end the matter. We will fight to get you the proper value for your personal injury lawsuit.
Punitive Damages in DUI Crashes
In a drunk driving accident, you may also receive punitive damages. These damages are designed to punish bad behavior and discourage drunk drivers from doing similar actions in the future. However, punitive damages are rare in car accident cases in Louisiana.
Our legal team will discuss this possibility with you if they apply to your case. The other side must have committed gross negligence, and the court has to agree that they apply. Most cases of DUI only have economic and non-economic damages.
Wrongful Death
Many cases of DUI crashes end with someone dying. If you’ve lost a loved one after a DUI crash in Lafayette, our firm can help you get wrongful death damages. Speak with us immediately if you’re in this situation because you have a limited amount of time to file your claim.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWhat Happens if the DUI Driver Goes to Jail?
Drunk drivers often face two separate cases against them. There are criminal charges after police arrest them for violating drunk driving laws, and your civil case to pursue maximum compensation for the expenses and losses you suffered.
It is important to remember that these cases do not directly affect one another. A driver does not have to be criminally guilty of drunk driving to be held liable in a civil lawsuit for paying compensation to drunk driving accident victims of a crash they caused.
While proving the impaired driver was drunk may significantly help our case, our legal team does not have to prove that to recover compensation. We only need to show the at-fault driver acted negligently to collect. You can still recover fair compensation through their insurer if they go to jail.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientProving Negligence and Holding the At-Fault Motorist Liable for Your Injuries
Winning your case requires our team to prove that the drunk driver acted negligently. This requires showing:
- The driver had an obligation to follow a specific law or rule.
- They failed to do so.
- This failure caused the crash.
- You suffered harm as a result.
For example, we may file a claim for you that shows:
- The other driver ran a red light because they were intoxicated.
- Their failure to stop at the intersection caused the crash.
- You suffered accident injuries and other damages.
Drunk driving alone breaks many laws and puts drivers in a negligent state. If we can prove the negligent driver was intoxicated in your crash, your case is heavily in your favor. Most insurance companies will choose to settle because they know they’ll lose a court case.
Nevertheless, should they push back and take your case to court, we have no problem fighting for your just compensation before a judge and jury. Our Lafayette DUI accident lawyers will assess your legal options to find the best solution for your case.
What Are Some Ways to Prove the Negligent Driver Was Drunk?
Proving that the other driver was drunk in a DUI accident case is crucial in seeking justice and financial compensation for the victims. There are several ways to establish that the driver was under the influence of alcohol at the time of the accident:
- Police report: One of the first pieces of evidence used to prove that the other driver was drunk is the police report from the scene of the accident. Law enforcement officers may note observations of the driver, such as slurred speech, bloodshot eyes, or the smell of alcohol on their breath.
- Field sobriety tests: If the driver was subjected to field sobriety tests, the results can be used as evidence of their intoxication. These tests include tasks like walking in a straight line or standing on one foot, which can be difficult for someone drunk.
- Breathalyzer or blood alcohol tests: Results from breathalyzer or blood alcohol tests can provide concrete evidence of the intoxicated person at the time of the accident. If the driver’s blood alcohol content (BAC) was above the legal limit, this can be strong evidence in your case.
- Witness statements: Eyewitnesses who saw the driver drinking before getting behind the wheel or exhibiting signs of intoxication can provide valuable testimony to support your claim. Their statements can help establish that the driver was drunk at the time of the accident.
What Happens if I Lose My Case?
Laborde Earles is a contingency-fee personal injury law firm. Our legal team represents clients with no upfront costs. You only pay us if you win your case. This lets anyone get the help of an experienced attorney without worrying about the fee. We get paid when you get paid.
Drunk driving accident cases aren’t guaranteed to succeed for the sober driver. If you lose your case completely and get nothing, you will owe our firm nothing. This chance of failure is one reason why lawyers have consultations before they take a case.
A consultation helps us understand the strength of your case and gives you a chance to learn how we could represent you. Before hiring, you should feel comfortable working with your lawyer and trust their ability to get you results.
Get Help from a Lafayette Drunk Driving Accident Attorney Today
Drunk driving is a serious problem in Lafayette and throughout Louisiana. Authorities try to crack down on DUIs, yet people still choose to get behind the wheel after drinking or using drugs. Car accidents that drunk drivers cause are more tragic because they are preventable.
If you were hurt in a collision with a drunk driver, do not hesitate to seek help with a civil claim from a personal injury attorney. A Lafayette drunk driving accident lawyer can help you with your claim.
We can fight to hold the liable parties accountable for your damages. Call us today to schedule an initial consultation for legal advice.
