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 found to be more than 25 percent at fault for the car accident, then they are barred from recovering damages. This can make it easier for injury victims to recover compensation in court.
If you were injured due to a drunk driver, you may be able to pursue a lawsuit with the help of a Lafayette drunk driving accident lawyer. A dedicated personal injury attorney could serve as your advocate and advisor at every step of the case. Call today to set up an appointment and discuss your case.
Any type of car accident can happen with a drunk driver, including bad weather, rear-end, and side-impact collisions. Drunk driving accidents often happen late at night or very early in the morning after people have a night of revelry. They usually occur closer to the denser city areas where there are late-night establishments. Here in Lafayette, drunk driving accidents often occur at intersections because drunk drivers cannot react as quickly to traffic control devices as sober drivers.
If the injured person was somewhat at fault for the accident, lawyers would still point the blame and place a lot of comparative fault on the drunk driver. Each side will always try to apportion most of the blame on the other side.
If the injury victim was drinking and driving, however, the case may be much more difficult. Unlike accidents involving sober drivers, drunk drivers are barred from recovery if they were more than 25 percent at fault.
In drunk driving accident litigation, injured parties can seek three types of damages: economic, non-economic, and punitive. Economic damages cover calculable losses such as medical expenses, 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 trauma.
In a drunk driving accident, a person can also have punitive damages. These damages are designed to punish bad behavior and discourage the drunk driver from participating in that type of activity again.
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 caused by drunk drivers can be especially tragic since they are so easily preventable.
If you were hurt in a collision with a drunk driver, do not hesitate to contact an experienced personal injury attorney. A Lafayette drunk driving accident lawyer could analyze the facts of your case in order to determine liability. They could then hold the at-fault party accountable for your medical expenses, lost wages, pain and suffering, and property damage. Call today to schedule a consultation and begin fighting for full and fair compensation.