Drunk driving is an inexcusable offense that can cause severe injuries and property damage. In addition, the aftermath of an accident involves paying medical costs and negotiating with the insurance company, which can be stressful.
A Lake Charles DUI accident lawyer from our law firm can help you with legal tasks after an accident. We can also determine the value of your case and work toward recovering a fair settlement. We can determine whether you have a valid case in a risk-free consultation.
The Prevalence of Drunk Driving
According to the Centers for Disease Control and Prevention (CDC), drunk driving killed 2,349 people in Louisiana from 2009-2018. About 2.3% of Louisiana residents reported that they drove after consuming a considerable amount of alcohol sometime in the last 30 days, which is higher than the national average of self-reported drivers, which in 2018 was 1.7%. Drivers are considered alcohol-impaired if their blood alcohol content (BAC) is 0.08% or higher.
According to the National Highway Traffic Administration (NHTSA), approximately one in three motor vehicle accident deaths involves a driver who was under the influence of alcohol. Driving while drunk is extremely dangerous because it can affect someone’s driving ability by causing:
- Impaired judgment
- Blurred vision
- Poor reaction time
- Lack of muscle coordination
These impairments can cause a driver to speed, run red lights or traffic signs, drift into other lanes, or go the wrong way down a street or highway. In addition, intoxicated drivers can injure other motorists, pedestrians, or passengers. The consequences of their actions can cause debilitating injuries that may have a massive impact on your quality of life and, in some cases, cause injuries that are ultimately fatal. You can take charge in these cases by hiring a pedestrian accident attorney in Lake Charles.
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Drunk Driving Injuries Can Ruin Lives
Drunk driving accidents can cause debilitating injuries that can affect you for the rest of your life. Common injuries for victims of a drunk driving accident include:
- Traumatic brain injuries
- Spinal cord injuries
- Organ damage
- Internal bleeding
- Mental health conditions like PTSD
- Neck injuries
You should seek immediate medical attention after an accident before contacting a drunk driving accident lawyer in Lake Charles. By doing so, you can get preventative care that will stop your injuries from worsening. Some injuries can result in severe brain damage, full or partial paralysis, and other medical complications.
Injuries this severe can impair a victim’s ability to work and lead a fulfilling life. If you or a loved one has become partially or fully disabled due to injuries from a drunk driving accident, our Lake Charles DUI Accident lawyers could help you request compensation for medical expenses related to treating and coping with a disability.
Potential Drunk Driving Evidence
The breathalyzer-results record is one of the most valuable pieces of evidence you and your drunk driving accident attorney can use against the defendant. It can prove that they were driving under the influence of alcohol.
For example, anyone with a blood alcohol content over the limit of 0.08% is considered legally impaired.
Other types of supporting evidence your DUI accident lawyer in Lake Charles, LA, can collect include:
- Recorded surveillance footage of the person driving under the influence of alcohol
- Medical records from an emergency room, urgent care center, hospital, or physician
- Dashcam footage from your vehicle, the defendant’s vehicle, surrounding motorists, or police
- Police records or any other records from first responders to the accident
Penalties for Drunk Driving
Due to the serious risk intoxicated drivers pose to themselves and the public, Louisiana Revised Statute (RS) ยง 14:98 imposes harsh penalties, especially for those who commit repeat offenses. The penalties for driving under the influence in the state of Louisiana include, but are not limited to:
- First conviction: The offender can receive a fine of $300 to $1,000 and be confined in prison for anywhere from 10 days to six months. The offender may be placed on probation if they agree to spend two days in jail or perform 32 hours of community service and attend a substance abuse program approved by the court. They may also be required to put an ignition interlock device (IID) in their vehicle during probation.
- Second conviction: The offender can be fined $750 to $1,000 and be confined in jail for 30 days to six months. The offender may be placed on probation if they serve 15 days or spend 48 hours in jail and perform 240 hours of community service. They must typically also attend a substance abuse program and may be required to put an IID in their vehicle for at least six months.
- Third conviction: The offender may spend one to five years in jail and be fined $2,000. If granted probation, they must spend one year in jail or a drug probation program, perform 240 hours of community service, and complete a driver improvement program and treatment. The court may also require them to install an IID in their vehicle during probation and treatment.
A Lake Charles, LA, DUI accident attorney will review your accident details and inform you of the penalties the at-fault driver will face for your pain.
Potential Compensation in Drunk Driving Cases
If proven guilty of causing bodily harm or wrongful death, a drunk driver has a legal obligation to provide financial compensation to you. A DUI accident lawyer in Lake Charles, LA, can assist you in proving beyond a reasonable doubt that the defendant owes you compensation for your injuries and damage to your vehicle.
Our personal injury attorneys could recover the following damages for you as an accident victim:
- Medical expenses
- Pain and suffering
- Loss of enjoyment of life
- Lost wages
- Mental anguish
- Bills for property repairs
- Punitive damages, if applicable
- Emotional distress
If you lost someone you love, we’re truly sorry for your loss. We know that no financial compensation can heal your pain, but it could help relieve some of your stress. Our DUI accident attorney in Lake Charles, LA, can help you recover wrongful death damages such as:
- Unpaid medical expenses
- Loss of benefits
- Loss of future income
- Loss of household services
- Loss of companionship
- Loss of consortium
When Are Punitive Damages Awarded?
Punitive damages are a form of compensation you can receive in a DUI accident case. These damages are intended to punish the defendant for egregious or reckless behavior. Punitive damages are usually awarded in addition to compensatory damages to address actual harm or losses the plaintiff has suffered due to the defendant’s actions.
Punitive damages may be awarded in cases where the defendant’s conduct is deemed especially malicious or intentional.
For example, if a driver causes a DUI accident that results in serious injuries or fatalities, the court may award the plaintiff punitive and compensatory damages. The specifics of the case, including the severity of the defendantโs actions, will determine the amount of any punitive damages awarded. A car accident lawyer from Laborde Earles will fight to pursue fair compensation and ensure that justice is served.
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The Statute of Limitations in Louisiana
Louisiana Civil Code (CC) ยง 3492 imposes a one-year statute of limitations for filing a lawsuit if you intend to seek compensation for your accident injuries and damage to your property. Investigating a case and performing all necessary procedures to prove negligence can take considerable time, so you should seek legal assistance as soon as possible.
A DUI accident lawyer will help ensure that you file your personal injury claim on time. We’ll also help you gather evidence to increase your chances of winning your case with maximum compensation.
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Contact Us To Talk to a Lake Charles DUI Accident Lawyer
If a drunk driver caused an accident that led to your injuries, you should not have to pay for the actions of someone who chose to drive under the influence. However, we are prepared to represent you as our client, even if you are in the hospital and cannot appear in court.
At Laborde Earles, we are proud of our reputation for helping clients in their time of need and advocating for fair compensation. Call us or fill out the contact form on our website for a free initial consultation with a DUI accident attorney in Lake Charles, LA.
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