Hit by a Drunk or Negligent Driver in Louisiana?
Intoxicated drivers are a great danger to both pedestrians and other drivers. They are known to cause some of the most horrifying accidents, and leave victims with devastating injuries. Such accidents can result in serious back and neck injuries and even death. It can be impossible to avoid a collision with a drunk driver that has lost control of their faculties. Call (225) 307-0088.
Baton Rouge Hit & Run Lawyer
You need a lawyer with extensive experience to help you recover for losses sustained in an accident caused by a drunk driver. Such a lawyer will understand the full extent of harm suffered and how your injuries could negatively affect your quality of life.
Intoxicated Driving Accidents
Operating a vehicle, a boat, a watercraft, aircraft or other means of conveyance while intoxicated is considered a crime in Louisiana. People injured in accidents with intoxicated drivers may get awarded punitive damages if:
- The driver’s blood alcohol level was 0.08 percent
- The driver was under the influence of alcohol
- The driver was under the influence of a controlled dangerous substance
- The driver was under the influence of legal drugs and that they consumed quantities that exceed the prescribed or recommended dosage
- The driver was under the influence of a combination of alcohol and drugs that they legally obtained with or without prescriptions
Liability and Fault
There are a number of things that you have to prove in order to obtain damages. First, your lawyer has to prove that the driver was intoxicated to a level where the driver lost physical and mental control. Secondly, the intoxication should be the direct cause of the injuries suffered by the victims. The injuries should also have been caused by the driver’s negligence or carelessness.
There are cases where a DUI conviction can be used as evidence of negligent driving but you don’t need that to sue. A driver’s intoxication is not assumed to be the cause of an accident but proof that the driver was intoxicated or impaired can be enough to assign fault.
There are also situations where the victims have been held partially liable for causing an accident involving a drunk driver. The victim may have been speeding or did not obey traffic laws when their car collided with that of a drunk driver. In such cases the amount of compensation the plaintiff gets is reduced.
Damages in DWI cases
You can seek compensatory and punitive damages if you are a victim of an accident caused by a drunk driver. Special damages that your lawyer can help you calculate or estimate include:
- Vehicle rental
- Past and future lost wages
- Past and future medical bills
- Expenses for rehabilitation and therapy
You may also get general damages such as:
- Mental anguish
- Pain and suffering
- Loss of spousal support
In fatal accidents with a drunk driver where a person is killed, the deceased’s family can pursue a wrongful death claim. They may seek damages such as loss of future financial support and others.