When someone decides to get behind the wheel while drunk, it can have devastating consequences for other drivers, motorcyclists, bicyclists, and pedestrians. Although nothing can turn back time and stop the accident from happening, you may be able to pursue financial compensation from the person or companies that caused the accident.
It can be overwhelming to think about taking legal action during this time, as you are probably coping with serious injuries and major disruptions in your life. A Metairie car accident lawyer at Laborde Earles Injury Lawyers may be able to help you with your case. Our staff can discuss your potential claim in a private and free consultation.
The Dangers of Drunk Driving Accidents
When someone decides to operate a vehicle after consuming alcoholic beverages, countless dangers are involved. In general, alcohol makes it much more difficult to drive safely. Here are some of the ways drunk driving can lead to accidents:
- Reduced reaction time
- Lack of coordination
- Inability to concentrate
- More easily distracted
- Inhibited judgment
Louisiana defines drunk driving as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more, according to the Louisiana Department of Public Safety Office of Motor Vehicles (DPS). Your lawyer can help you collect the evidence you need to show that the other party was intoxicated. There may be a police report from the crash that determines whether one of the parties was intoxicated, or you may be able to find eyewitnesses who saw the defendant consuming alcoholic beverages before driving.
In some situations, you may have a claim against the drunk driver. However, if the drunk driver was underage, you can bring a claim against the person who provided them with alcohol. There are a few other situations that may warrant bringing a claim against a third party that you can discuss with your Metairie car accident lawyer.
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Holding Someone Responsible for Drunk Driving
A drunk driving accident is a type of personal injury accident. To recover compensation, you must show four key elements of negligence:
- Duty: You must prove the defendant owed you a duty to drive with reasonable care and skill.
- Breach: You must prove the defendant failed to drive according to this duty at the time of the crash.
- Causation: You must show that the defendant’s failure to drive according to the duty of care was the direct cause of the accident.
- Damages: You must provide documentation and evidence supporting the amount of compensation you are seeking in your claim.
The standard of care requires drivers to pay adequate attention behind the wheel, follow all traffic signals, and refrain from drunk driving. Because driving under the influence is illegal, a reasonable and careful driver would not drive if they had consumed too much alcohol.
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Civil vs. Criminal Drunk Driving Cases in Metairie
Often, drunk drivers can be held accountable for their negligence civilly and criminally. If the state’s prosecutor elects to press criminal DUI charges against the liable party, they could face penalties such as jail or prison time, license suspension, and other criminal consequences.
However, you can also take action to bring them to justice by pursuing a civil claim against them. In a civil case, you can seek compensation for the way your injuries have affected your life.
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Common Injuries Seen in Metairie Drunk Driving Accidents
Many devastating injuries can happen in a drunk driving accident, such as:
- Broken bones
- Traumatic brain injuries
- Back and spine injuries
- Paralysis
- Amputations
- Bruising
- Skin injuries like road rash
- Mental suffering and stress
In your insurance claim or lawsuit, you should ensure you request an adequate amount of compensation to help you pay for all your injuries and other damages. A lawyer can help you determine the amount of compensation you will need to cover your expenses to date, as well as the cost of your future estimated medical care.
If you have a traumatic brain injury, for example, you may need to be under medical care until the condition resolves. If your injuries have left you unable to work or return to your usual occupation, you can also request compensation for your reduced earning capacity.
A Metairie drunk driving accident lawyer can assist you with many more aspects of your potential claim. Our team will provide you with the responsive and supportive legal counsel you need during this stressful situation.
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What Is Your Drunk Driving Accident Claim Worth?
After your drunk driving accident, you may wonder how much you could receive if you decide to move forward with your insurance claim or lawsuit. Your attorney will need to go over the ways your injuries have affected your life to calculate the value of your claim accurately.
You have the right to be made whole. This means you should take every loss you suffered into account. Economic damages are monetary. They have fixed financial values that you can prove with financial records and receipts. Some of the economic damages awarded in drunk driving accident claims in Metairie include:
- Loss of income
- Costs of increased insurance premiums
- Loss of potential future earnings
- Hospital bills and medical equipment
- Property damages
- Loss of household services
You also have the right to receive compensation for non-economic damages. These do not have a monetary value and are more difficult to quantify, as they can impact every person’s life differently. Some of the various non-economic damages you could recover in your claim Include:
- Inconvenience
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Reputational damage
- Disfigurement
- Skin scarring
How a Lawyer Will Assist You
There are many aspects of your case that a lawyer can take care of on your behalf, so you can focus on healing. Some of our services include answering key questions like what the defendant’s BAC was at the time of the crash and whether the defendant has any medical conditions that further impact their ability to drive after drinking.
Here are some other ways your lawyer can help you pursue financial recovery:
- Gathering evidence to support your claim
- Researching potential claims you can assert
- Ensuring you hold all potentially liable parties accountable
- Communicating with the court and opposing parties
- Scheduling and attending court hearings on your behalf
- Taking depositions and defending you in a deposition
- Securing any insurance benefits you need
- Negotiating a potential settlement
- Preparing for trial, if necessary
There are many other ways an attorney can make the legal process as smooth as possible. You can call Laborde Earles Injury Lawyers to see how a Metairie drunk driving accident lawyer can help you with your case.
Why Should You Choose Laborde Earles Injury Lawyers?
At Laborde Earles Injury Lawyers, we are dedicated to helping our clients receive the compensation they need to pay for any injuries they sustained due to someone else’s negligent or reckless behavior.
Our clients have left us many testimonials expressing their gratitude for how we handled their cases. Here are some statements from just a few of our satisfied clients:
- “Feel like I am in good hands. Great professional attention.” -Daniel B.
- “They helped me when the other party’s insurance wouldn’t answer my calls! They got the job done and efficiently!” -Lacey M.
- “I have had nothing but excellent service with this firm, they keep me updated on my case, are easy to get ahold of and my paralegal Mallory Marsh goes above and beyond for myself and my mother, she’s kind caring and truly concerned about us and regularly checks in to see how we are doing. I would highly recommend this firm. Such a pleasure to work with.” -Kori P.
- “I have nothing bad to say about [Laborde Earles Injury Lawyers] they have done an excellent job with my case and I would hire them immediately in the future should the occasion arise great job guys!!!!!!” – Alfred L.
- “The staff at [Laborde Earles Injury Lawyers] is top notch. To the attorneys that handled my case (Kelby & Scott) to all the paralegals and other staff that assisted me with my case, all were awesome. Would highly recommend!!” -Kyle
Contact Laborde Earles Injury Lawyers Today
Sometimes people can feel intimidated talking to a law firm about their rights, but there is no reason to be concerned. Our goal is to help you understand your options and discuss whether we can help you pursue legal action against the drunk driver who caused you harm.
There is no charge to you, and if you decide to pursue legal action, we only collect fees if we win a settlement or judgment in your favor. Call Laborde Earles Injury Lawyers now at (504) 777-7777.
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