Louisiana Car Accident Attorney’s Guide to Drunk Driving Crashes: Claims, Compensation & Legal Strategies

📌 Understanding Louisiana Drunk Driving Laws

Louisiana has strict laws regarding drunk driving to protect motorists. Under Louisiana Revised Statute 14:98, a driver is legally intoxicated if their Blood Alcohol Concentration (BAC) is 0.08% or higher. For drivers under 21, the threshold is 0.02%.

🚔 Criminal vs. Civil Liability
- Criminal DUI charges result in penalties like fines, license suspension, or jail time.
- Civil lawsuits allow victims to seek financial compensation for injuries and losses.

🚨 Negligence Per Se in DUI Cases
If a driver was legally intoxicated at the time of an accident, Louisiana courts may apply negligence per se, making it easier for victims to establish fault.

📌 Immediate Steps After a Drunk Driving Accident

Taking the right steps after an accident is crucial for your safety and legal claim:

🆘 1. Seek Medical Attention
Even if injuries seem minor, visit a doctor. Some injuries manifest later, and medical records help establish a strong case.

📸 2. Document the Scene
- Take clear photos of vehicle damage, skid marks, traffic signals, and injuries.
- Gather witness statements and contact information.

👮 3. Call Law Enforcement
A police report is essential. Officers will assess impairment and may conduct field sobriety or breathalyzer tests.

📝 4. Exchange Information
Collect the at-fault driver’s license details, insurance provider, and vehicle registration number.

🔎 5. Avoid Admitting Fault
Stick to facts when speaking to officers or insurance adjusters—do not speculate or apologize, as this could impact your claim.

📌 Compensation Available for Drunk Driving Accident Victims

Victims of drunk driving accidents in Louisiana may recover various damages, including:

💰 1. Economic Damages (tangible financial losses):
- Medical bills (current and future expenses)
- Lost wages and loss of earning capacity
- Property damage (vehicle repairs/replacement)

🏥 2. Non-Economic Damages (intangible losses):
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (impact on relationships)

⚖️ 3. Punitive Damages in DUI Cases
Louisiana law allows punitive damages when a driver’s behavior is reckless. Under Louisiana Civil Code Article 2315.4, if intoxication was a contributing factor, courts may award additional compensation as punishment.

📌 Proving Liability in a Drunk Driving Claim

To secure compensation, victims must prove:

🔎 1. Duty of Care – All drivers must act responsibly on the road.
💥 2. Breach of Duty – The impaired driver violated this duty by driving under the influence.
🔄 3. Causation – The driver’s intoxication directly caused the crash and injuries.
📑 4. Damages – The victim suffered losses due to the accident (e.g., medical expenses, lost income).

🏛️ Evidence That Strengthens Your Case:
- Police reports confirming DUI charges
- Blood alcohol test results
- Witness testimonies
- Surveillance footage or dashcam recordings

📌 Dealing With Insurance Companies After a DUI Accident

Handling insurance claims can be challenging, especially when the at-fault party was intoxicated.

📞 1. Report the Accident Promptly
Notify your insurance company about the crash as soon as possible, but avoid recorded statements without consulting an attorney.

📋 2. Beware of Lowball Settlements
Insurers often attempt to settle quickly for less than you deserve—do not accept any offers before calculating the full extent of damages.

⚖️ 3. Filing a Claim Against the Drunk Driver’s Insurance
Louisiana requires drivers to carry liability insurance (minimum 15/30/25 coverage). If the driver lacks adequate coverage:
- You may file a claim with your own uninsured/underinsured motorist (UM/UIM) coverage, if applicable.
- A personal injury lawsuit against the driver may be necessary for full compensation.

📌 Legal Strategies to Maximize Compensation

An experienced Louisiana car accident attorney can use several strategies to strengthen your case:

📝 1. Gathering Expert Testimony
Medical experts, accident reconstruction specialists, and economists can validate claims related to injury severity and financial losses.

📌 2. Holding Third Parties Accountable
In some cases, additional parties may share liability, such as:
- Bars or Restaurants (Dram Shop Laws): While Louisiana has no strict dram shop liability, selling alcohol to an obviously intoxicated person could support negligence claims against a bar or vendor.
- Employers: If the intoxicated driver was on duty or driving a company vehicle, their employer may be held responsible under respondeat superior laws.

🕰️ 3. Understanding Louisiana's Statute of Limitations
Personal injury claims in Louisiana must be filed within one year from the accident date (Louisiana Civil Code Article 3492). Failing to act within this period may result in losing your right to pursue compensation.

📌 What to Do If the Drunk Driver Is Uninsured or Underinsured

If the drunk driver lacks sufficient coverage, you still have options:

🔍 1. Utilize Uninsured/Underinsured Motorist Coverage
Louisiana auto policies often include UM/UIM coverage unless waived in writing—it helps cover medical expenses and lost wages if the at-fault driver is uninsured.

🏛️ 2. Sue the Driver Personally
While filing a lawsuit is an option, collecting damages may be difficult if they lack financial resources. A skilled attorney can help identify potential assets or alternative sources of recovery.

🤝 3. Check for Other Liable Parties
Bars, restaurants, or even vehicle manufacturers (if a mechanical defect played a role) could be held partially responsible under specific circumstances.

📌 The Role of an Attorney in DUI Accident Claims

Hiring an attorney enhances your chances of securing maximum compensation through:

📌 1. Negotiating With Insurance Companies
Insurers often prioritize their bottom line—an attorney ensures that victims are not pressured into unfair settlements.

⚖️ 2. Handling Legal Paperwork & Deadlines
Navigating complex legal procedures while recovering from injuries can be overwhelming—lawyers ensure all paperwork is filed correctly and on time.

🛡️ 3. Representing You in Court if Necessary
If negotiations fail, an experienced trial attorney will advocate aggressively to present evidence before a judge or jury for maximum financial recovery.



Following these steps and working with an experienced Louisiana car accident attorney can help victims of drunk driving accidents recover rightful compensation while holding negligent parties accountable under state law.