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.

car in a fender bender

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.

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Comparative 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.

Damages 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.

What 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.

branded accent

Proving 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.

Client Testimonials Hear from locals like you.

I had an amazing experience working with my paralegal, Wesley Guillory, at Laborde Earles Law Firm. Wesley went above and beyond for me throughout the...

I had an amazing experience working with my paralegal, Wesley Guillory, at Laborde Earles Law Firm. Wesley went above and beyond for me throughout the entire process. He was always patient, knowledgeable, and quick to respond to any questions I had. What stood out most was how genuinely he cared. He made sure I understood every step and always made me feel supported and informed.

Wesley’s professionalism and compassion truly set him apart. He made a stressful situation so much easier, and I’m incredibly grateful for all of his hard work. I highly recommend Wesley and the entire Laborde Earles team. They really do put their clients first.

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Lafayette

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Marksville

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New Iberia

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New Orleans

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anonymous

Car Accident

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs...

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Gail

Baton Rouge

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She catches things most people would overlook, and she always makes sure every document is perfect before it leaves her hands.
Beyond her incredible skill set, Bridgette is also kind, reliable, and a true team player. She communicates clearly, stays organized under pressure, and goes above and beyond to make sure clients and attorneys alike feel supported.
You can tell she genuinely cares about her work and the people she helps.
If you're lucky enough to have Bridgette as your paralegal, you're in the best possible hands. Five stars isn't enough for someone this exceptional!

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Alexandria

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R.S.

Lafayette

I highly recommend Derek Hebert to anyone in need of a skilled and trustworthy attorney. From the very beginning, Derek was professional, honest, and ...

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His attention to detail, strong communication, and genuine dedication made a stressful situation much easier to navigate. Derek went above and beyond to achieve the best possible outcome, and I’m truly grateful for his hard work.

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Lafayette

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Marksville

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Michel Lanclos

New Orleans

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New Orleans

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Hannah Johnson

Baton Rouge

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

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Megan C.

Michelle Brouillette is a wonderful addition to the Laborde Earles team.

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Baton Rouge

Over the past 3 years I have encountered one of the best Law Firms in Laborde Earles Injury Lawyers which have been handling my Lejeune Contaminated T...

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Love Laborde Earle's. They're dependable lawyers that let you know you can trust them. I would specifically recommend Derek Hebert. He's a great attor...

Love Laborde Earle's. They're dependable lawyers that let you know you can trust them. I would specifically recommend Derek Hebert. He's a great attorney who is extremely knowledgeable and you'll never doubt that he'll get the job done!

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Kaitlin H.

Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is ...

Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is truly a blessing!

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Tori E.

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in ...

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in making you feel heard and cared for. And, she’s, like, really pretty!

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Sylvia Roy

New Iberia

Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is q...

Working with Toni Stelly has been a great experience. She is compassionate and listens to me when I have a concern or need some information. Toni is quick to respond to my questions and gets things done!! Good experience working with this firm.

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kelly

Lake Charles

Courtney Marsh has a positive attitude and great attention to detail in her work!

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Rhonda C.

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situat...

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situation. They made everything easy to understand and handled every detail with care. I felt supported the whole way through. I highly recommend Renee McCaslin to anyone looking for a paralegal who goes above and beyond.

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Rosann Roberts

Lake Charles

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs...

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs. Courtney. I spoke with her multiple times, and each time she was patient and answered every question I had. She made me feel like I was the only client. Grateful for her and Laborde Earls!

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Tracie Martin

Alexandria

They have good to keep me updated on the case but so far the settlement has not been reached.

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Lisa S.

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

M
Megan Couvillon

Alexandria

Renee McCaslin is incredibly knowledgeable, professional, and always goes above and beyond to make the legal process smooth and stress-free. I truly a...

Renee McCaslin is incredibly knowledgeable, professional, and always goes above and beyond to make the legal process smooth and stress-free. I truly appreciate her attention to detail and genuine care for her clients!

C
Courtnie Heltz

New Orleans

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - profession...

Working with Laborde Earles Injury Lawyers was an incredible experience from beginning to end. Jeanne and Kaitlyn were absolutely amazing - professional and always on top of everything. They kept me informed throughout the entire process and made sure I understood every step along the way. My case was resolved better than expected. I can’t thank them enough.

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Melody Johnson

New Orleans

Toni is the absolute BEST!!!! Not only is she the best paralegal but she’s also the best person I know. She is so intelligent, knowledgeable, ca...

Toni is the absolute BEST!!!! Not only is she the best paralegal but she’s also the best person I know. She is so intelligent, knowledgeable, caring, and goes above and beyond for everyone in her life. She is a true gem! To know her is to love her!! Anybody would be lucky to have someone like Toni in their corner.

S
Sarah Jorden

Marksville

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! ...

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! She is the best, I 1000% recommend her if you have any questions!

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skylar bachman

New Iberia

Trudy Dupuy is a wonderful asset to the team. She does an amazing job.

A
Annabelle D.

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are gua...

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are guaranteed to work hard on your case and get the outcome you deserve. Brittani C. is one of the most organized, thorough and helpful paralegals I’ve ever had the pleasure of working with. She keeps you informed and answers all your questions throughout the litigation process.

P
Patrick Conner

Baton Rouge

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. He...

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. Her communication is clear, and she truly cares about delivering results. I couldn’t recommend her more highly!

M
Mimi

Lake Charles

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. He...

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. Her kindness and clear communication made everything smooth and easy. Highly recommend working with her and the Laborde Earles Law Firm!

J
Jenifer Leger Dendy

Lafayette

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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.

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