Drunk driving is responsible for the vast majority of road accidents in the United States. According to the Centers for Diseases Control and Prevention (CDC), 29 people die every day due to drunk driving accidents.
A person who knows that they are going to drive should take reasonable care to ensure that they do not cause harm to other road users. When a driver drinks and drives, they are acting in breach of the duty of care. This means that they are liable for any damages sustained by the injured party if they cause an accident.
Seeking compensation from the drunk driver after an accident should be simple. However, it is quite difficult to get fully compensated for your injuries. This is mainly because the liable party’s insurance company will try to downplay your injuries or convince you to immediately take a deal after the accident before you know the total cost of the injuries you have suffered.
The best thing you can do after getting involved in a drunk driving accident is to connect with an Abbeville drunk driving accident lawyer. A lawyer will work to get you the compensation you deserve by analyzing your case, coming up with a winning strategy, and gathering evidence to prove the other party’s liability.
For a free consultation, contact Laborde Earles Injury Lawyers today at (337) 777-7777. We will expedite the litigation or negotiation process and fight for compensatory damages for the injuries you sustained after the accident.
How Drunk Driving Makes the Other Party Liable for Your Injuries
Driving under the influence of alcohol is illegal in Louisiana. According to the Louisiana Revised Statutes (RS) 14:98, a driver’s blood alcohol concentration should not be 0.08% or more. Even if you have sufficient evidence that the driver was driving under the influence of alcohol, it is not enough to win a personal injury claim.
For you to get compensation from the liable party, you have to show the following:
- The driver failed to carry out their duty of care
- The driver’s actions while drunk directly caused the accident
- The injuries you sustained are due to the accident
Alcohol severely impairs an individual’s judgment, which makes it easy for drivers driving under the influence of alcohol to ignore traffic signs. A drunk driver cannot keep others on the road safe, and you must show how that failure caused the accident. Such a provision is quite tricky, and many insurance companies will try to use this rule to claim that you were the liable party.
To receive full compensation, you must show that the driver’s actions directly caused the accident. This means that if there was another cause of the accident, such as defective breaks, the driver would not be completely liable for your injuries. Determining the main cause of the accident is crucial as it will help you know the party that is liable for your accidents.
If the defective brakes caused the accidents, you can make a personal injury claim against the car’s manufacturer. This will help increase the amount of compensation you might receive. To show how the drunk driver is liable, you will have to present evidence that your injuries and damages you suffered are due to the accident.
Knowing that the other driver was driving under the influence does not mean you will receive compensation. An Abbeville drunk driving accident lawyer, however, will help you with the litigation process. The main thing you should focus on after an accident is recovering. Let a drunk driving accident attorney help you get the compensation amount you rightfully deserve.
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Multiple Parties That May Share Liability in a Drunk Driver Accident
The drunk driver may not be completely liable for the accident. You can make a personal injury claim against multiple parties who are partly at fault for the accident.
The parties include:
- Party host
- Car’s manufacturer
- Other road users
- The state
- The driver’s employer
If the driver consumed alcohol at a party, you can sue the host of the party for failing to stop furnishing the driver with alcohol. Party hosts or anyone who sells or distributes alcohol has a duty of care to the general public. This means that they are liable if they fail to take reasonable care to prevent harm.
The car’s manufacturer may also be partly at fault if the vehicle had a defect that contributed to the accident. For instance, if the vehicle’s lights failed, and this contributed to the accident, the drunk driver is not completely at fault. Other road users may also share the liability for the accident if their actions contributed to the occurrence of the accident.
The state is also partly at fault if it failed to repair and maintain the road. Large potholes, lack of traffic signals, or unsafe construction zones pose a great risk of harm to road users. An Abbeville drunk driving accident lawyer will pursue a personal injury claim against multiple parties. The nature of the case becomes more complicated if it involves more than one party. The drunk driving accident lawyer will also gather evidence and use their resources to conduct an in-depth investigation of every party. Contact Laborde Earles Injury Lawyers Today at (337) 777-7777 for a free case evaluation.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
Seeking Medical Attention After a Drunk Driving Accident
Seeking medical attention is the first thing you should do if you get involved in a drunk driving accident. You may feel fine initially because the shock from the accident is preventing you from feeling the full extent of your injuries. Going to the hospital after the drunk driving accident will also help you win compensation. This is because the medical records are proof that your injuries are due to the accident.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
Call Laborde Earles Injury Lawyers Today
Talking to an Abbeville drunk driving accident lawyer will help you avoid all the stress and worry about whether you will get compensated for your injuries. At Laborde Earles Injury Lawyers, we are fully committed to fulfilling our client’s needs. We will help you recover compensation for bodily injuries and property damages caused by the accident. Contact us today at (337) 777-7777 and receive a free case evaluation.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
