From Mardi Gras to Jazz Fest, Louisiana is known for good times and big parties. However, drivers in the State often suffer consequences from these events. In a recent year, Louisiana police reported more than 28,000 car accidents involving drivers with a positive blood alcohol concentration, and there are an estimated total of 49,000 crashes each year in the State involving alcohol. Driving under the influence is a serious offense that can bring about criminal charges, and it can also be used against the drunk driver to determine fault for the car collision.
Louisiana law will permit, in certain circumstances, the victim of an accident caused by a drunk driver to obtain compensatory and punitive damages. Compensatory damages are damages that may be awarded to a victim of a drunk driver by a judge or jury to compensate the victim for harm, such as mental and physical anguish, loss of consortium, loss of ability to work, etc. Punitive damages are compensation for extreme recklessness and willful wrongdoing on the part of the drunk driver.
Because a drunk driving accident can create multiple issues and significant losses, an injured party should hire an experienced New Orleans attorney who handles these types of car accidents and consequential injuries. You will also need a lawyer who has the resources necessary to pay for an injured person’s medical needs, as well as the hiring of experts from a variety of fields to increase the value of the case. Cliff Cardone has practiced law for more than 50 years and has primarily handled personal injury matters. If you have been injured in a car accident, Phone Cardone at 1-866-338-5852 for a free in-person consultation. He is direct, insightful, proactive, and passionate about his clients’ cases.
The first thing to do after a drunk driving accident is to call the police and seek medical attention. When being interviewed by police officers at the scene of the accident, make sure to tell the officers if you witnessed the other driver swerving, driving erratically, or drifting in and out of lanes before you were hit. Exchange contact information, gather evidence, and seek medical attention for even minor injuries as soon as possible. Your personal injury claim could be put at risk if you fail to get medical treatment in a timely manner.
Intoxication can come from various amounts of items such as alcohol, illegal or legal prescription drugs, illegal drugs, or anything else that may impair the driver of the vehicle. New Orleans car accident attorneys can help you get the evidence you need.
It is very important at the scene of the accident or before the accident, if possible, to keep an eye on the other driver to look for signs of intoxication. Signs of intoxication include slurred speech, flushed face, swaying, and red or bloodshot eyes. Drunk driving is a serious offense with many consequences. Evidence of drunk driving may come into play to determine fault and who is ultimately liable. It is always important to pay attention to your surroundings and observe if the other driver is acting suspiciously or erratically.
With help from a personal injury lawyer, you may be owed the following types of compensation for your drunk driving car accident case.
To recover compensation for drunk driving accidents, you will need to prove that the driver failed to drive safely and directly caused your injuries. Auto accident lawyers can help with your car accident claim.
Most car accident lawyers work on what’s known as a contingency fee basis. What this means is that they get paid as part of car accident victims’ settlements, rather than being paid directly by victims. In other words, you can hire legal services to seek compensation for your injuries without paying out of pocket. We only get paid if and when you do.
In Louisiana, the statute of limitations or time limit on personal injury cases is generally two years from the point of the accident. However, some cases may have a shorter timeline if they involve a fatality. To learn how long you have to begin the legal process for your New Orleans drunk driving accident, get in touch with our car accident lawyers.
Punitive damages are a type of compensation awarded to injury victims for severe and willful wrongdoing. Louisiana Civil Code article 2315.4 holds the key for punitive damages to be recovered. It states that, “in addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton and reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.”
Louisiana law lays out three necessary elements that must be proven to obtain damages: 1) that the driver was intoxicated or had consumed a sufficient quantity of intoxicants to make him lose control of his mental or physical faculties, 2) that the intoxication was a cause in fact of the resulting injuries, and 3) that the injuries were caused by the driver’s wanton and reckless disregard for the rights and safety of others. The victim does not need to prove that the driver was legally intoxicated. It will be sufficient to prove that the driver’s mental or physical abilities have been impaired by the intoxicant. In addition to proving intoxication, the injured party must prove that the driver’s intoxication was the cause-in-fact of the resulting injuries to be awarded punitive damages. A victim need only show that the intoxication was a cause of his injuries and not necessarily the only cause; therefore, even where intoxication is only one of several causes of an accident, the court may still award damages. For the final element to be satisfied, it must be proven that the driver acted in a ‘wanton and reckless’ disregard for the rights and safety of others. The courts have not come up with a precise definition of ‘wanton and reckless.’ This is a highly subjective test. The court held in Bourgeois v. State Farm that simple proof that a person was driving under the influence of alcohol and that he might have been impaired, by itself, will not always be sufficient to establish the “wanton and reckless” element. The facts and circumstances of each case-including, but not limited to, the driver's blood alcohol level, evidence of the effect of the alcohol on the specific driver, and the consequences of the alcohol consumption-must be considered in determining the necessary “wanton and reckless” element. A skilled trial attorney is the best means to prove the elements mentioned here.
The Cardone Law Firm represents victims of drunk driving accidents in the entire state of Louisiana including Ascension Parish, Donaldsonville, Assumption Parish, Napoleonville, Baton Rouge, Jefferson Parish, Estelle, Gretna, Harvey, Kenner, Marrero, Metairie, New Orleans, Terrytown, Westwego, Lafayette Parish, Lafourche Parish, Thibodaux, Livingston Parish, Orleans Parish, Plaquemines Parish, Belle Chasse, and St. Charles Parish.
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