Hit by a Drunk Driver? Know Your Legal Rights
Louisiana laws protect motorists, passengers and pedestrians who are injured by drunk drivers. State laws make it illegal to operate a vehicle with a Blood Alcohol Content (BAC) of more than 0.08% for drivers age 21 and over, and 0.04% for commercial vehicle drivers. If you are hit or injured by a motorist who is intoxicated or impaired by alcohol, you have a legal right to be made whole again, and make a claim for monetary damages.
Despite millions of dollars spent on drunk driving awareness and prevention campaigns, alcohol-related crashes still account for more than one-third of all road deaths in the United States. According to 2014 statistics from the National Highway Traffic Safety Administration, nearly 35 percent of all 737 traffic deaths in Louisiana were linked to alcohol use. Louisiana has ranked among the worst states in terms of DUI fatalities, with the majority of deaths in people between the ages of 20 and 34.
Compounding matters is the fact that victims and their families could have been spared their pain, physical harm, emotional suffering and financial losses in these preventable accidents. Unfortunately, many of these result in severe injuries, massive medical bills, months of lost income, and psychological trauma – and in some cases, loss of life.
In the event you or a loved one is struck by a drunk driver in Louisiana, it’s important to enlist the services of an experienced auto accident lawyer who can effectively represent your claim and protect your rights.
Your right to sue for compensation
In Louisiana, those who are injured by drunk drivers have the option of bringing a personal injury claim or wrongful death lawsuit against the at-fault party. Civil litigation is often the most effective means of securing compensation to cover your doctor and hospital bills, medical treatments, lost wages, pain and suffering and other accident-related expenses. If the impaired driver is also facing criminal charges, your attorney may recommend that you wait until the case has resolved, as a criminal DUI conviction can bolster your chances of getting a higher settlement or jury award.
Victims have the right to sue for a variety of damages in a civil action, including:
- Past and future medical expenses
- Emotional distress
- Lost income
- Future loss of earnings
- Future pain and suffering
- Punitive damages
In some DUI cases, victims may pursue a civil claim against the intoxicated driver who caused the accident, or against the individual or establishment that served alcohol to the driver. Louisiana imposes a one-year time limit on personal injury actions, which may be tolled in situations where criminal proceedings are still pending.
DUI convictions = stronger cases
Insurance companies will generally try to avoid a juried trial if the at-fault party, who they insure, has been convicted of DUI/DWI in a serious car accident. They realize that juries will be more sympathetic to injured plaintiffs and more likely to award a higher punitive damage award (which can reach into the millions of dollars). As such, your lawyer will be in a better position to negotiate a favorable settlement that accounts for all economic and non-economic damages, including future pain and suffering.
Legal advocacy in Louisiana
For experienced legal representation in the wake of a drunk driving tragedy, contact Louisiana car accident lawyer Bart Bernard, who can advise you on your rights and what to expect in your case. Call our Lafayette and Baton Rouge offices today to arrange a free, no-obligation consultation.
Additional “hit by a drunk driver” resources:
- CDC, Sobering Facts: Drunk Driving in Louisiana https://www.cdc.gov/motorvehiclesafety/pdf/impaired_driving/drunk_driving_in_la.pdf
- The Acadania Advocate, Drunk driving arrests down in Louisiana, fatalities up —despite millions spent on enforcement http://www.theadvocate.com/acadiana/news/article_4db274c8-02c2-5a55-a81a-5674881bab1c.html
- DMV, DUI & DWI in Louisiana http://www.dmv.org/la-louisiana/automotive-law/dui.php
It happens every day: someone is involved in an accident and suffers an injury, the medical exam following the accident reveals degeneration – a natural aging of the body that often does not cause any impairment – but the defendant or his or her insurance carrier fights against a fair settlement on grounds that the injury was pre-existing.
One of the first questions clients ask during a personal injury claim consultation is “what is my case worth?” Calculating damages – or the amount of monetary compensation secured through a settlement or court award –can be a difficult task until you’ve been properly assessed by healthcare professionals for your injuries, treatments and ongoing medical care needs.
If you are injured due to the negligence of another party, whether the other party is a person or organization, you are entitled to make claims for monetary compensation related to the injury.
Nearly half of all commercial truck drivers admit to “drifting off” while driving a long-haul route. The Large Truck Crash Causation Study reported that 13 percent of commercial truck drivers were fatigued at the time of their crash. The sheer size and weight of the vehicles they’re driving puts truckers at increased risk of causing serious bodily injury and fatalities when an accident occurs. Fatigued truck drivers account for approximately 750 deaths and 20,000 serious injuries every year, according to the FMCSA. In 98 percent of fatal truck accidents, the victim was riding in the passenger car.
The sheer size and massive weight of tractor-trailer trucks makes them especially dangerous to other vehicles sharing the roads. Among the worst accident scenarios involving trucks are those involving a “jack knife”, in which a cab and trailer are sent into different directions to form a 90-degree angle.
