Monroe Drunk Driving Accident Attorney

The impact of a DUI accident in Louisiana can be incredibly significant. Victims of drunk driving accidents could sustain property damage, medical bills from injuries, and more. Unfortunately, drunk driving accidents are more common than many would expect. For those victims seeking compensation, having a skilled and experienced Louisiana drunk driving accident attorney may help clarify a victim’s legal options and explore the detailed facets of an individual case. Louisiana Law Lady may be able to provide these insights for DUI cases.

Benefits of a Drunk Driving Accident Attorney

Drunk driving accident attorneys generally have experience with the relevant negligence laws and statutes that may influence a DUI case. This means that an attorney may be able to examine the details of a case and, by inspecting the evidence, help clarify who may be at fault and what damages may be recoverable.

Additionally, a Louisiana DUI attorney may have experience negotiating with insurance companies. In the event of a drunk driving accident, it is likely that the victim will need to file a claim with the other driver’s insurance company. The compensation offered by these companies may vary by company or by the insurance adjuster assigned, and it may be difficult to determine whether or not the deal is fair and equitable. An attorney may be able to rely on their experience to evaluate what a claim is worth and whether a deal is fair.

In the event of a litigation, an attorney may also be able to assist in compiling evidence for a case. Going to court can be challenging and overwhelming, but an experienced attorney may be able to help identify which details are relevant to a case and compile evidence to build a case. 

Louisiana Drunk Driving Laws

Louisiana takes drunk driving seriously, with several laws and statutes setting boundaries to protect drivers on the road. However, when it comes to DUIs, the laws regarding the subject are very broad. While some states differentiate between OWI, DWI, OUI, and DUI charges, Louisiana covers all four with one statute, Louisiana R.S. 14:98.

This statute forbids an intoxicated individual from interacting with or operating a vehicle within certain limitations, such as:

  • Operating a motor vehicle such as a car, motorcycle, boat, aircraft, or any other transport vehicle or motorize equipment while under the influence of alcohol.
  • Driving with a blood alcohol content (BAC) of more than 0.08%.
  • Operating a vehicle while under the influence of drugs, a combination of drugs, or a combination of drugs and alcohol. 

Violating these statutes could lead to an OWI or DUI charge.

Impact of Drunk Driving Accidents

Drunk driving accidents can often have significant consequences for the parties involved. As with many car crash accidents, property damage is generally a factor. This can include repair costs for a vehicle, towing and storage charges, or damage to property such as real estate. Car accidents can also lead to lost wages due to the lack of a vehicle or injury, which can lead to financial struggles. While more difficult to define, an individual may also be entitled to compensation for emotional damages such as pain and suffering and mental anguish

Another large factor in drunk driving accident compensation is medical damages. Car accidents can lead to significant injuries, and the recklessness involved in a DUI may exacerbate these. Some common injuries in drunk driving accidents include critical injuries such as traumatic brain injuries (TBIs), damage to internal organs, hemorrhaging, and others. Additionally, victims of a DUI car accident may also experience soft tissue damage, burns, cuts, scrapes, road rash, which could lead to permanent scarring and disfigurement. 

Types of Compensation from a Drunk Driving Accident

Individuals suffering from the fallout of a drunk driving accident may be entitled to certain forms of compensation. Louisiana law protects the rights of compensation for individuals who have been wrongfully injured in certain circumstances. Some recoverable damages may include compensation for injuries resulting from the drunk driving accident, property damage, emotional pain and suffering, lost wages, and others. 

Proving Liability in a Drunk Driving Accident

While the effects of a drunk driving accident are often severe, that does not necessarily mean that proving liability will be easy. A drunk driving accident attorney from Louisiana Law Lady may be able to assist in building a case for compensation. This process generally involves confirming and providing evidence for four elements of a liability case, which are as follows. 

  • Duty of Care: The drunk driver had a legal responsibility to provide safe conditions for the injured party at the time of the accident. 
  • Breached Duty of Care: The drunk driver failed to provide these safe conditions, due to negligence or recklessness.
  • Cause in Fact: These reckless actions on part of the drunk driver were the actual cause of the accident in fact.
  • Damages: The drunk driving accident caused the injured party damages in the form of property damage, injuries, emotional pain, or others.

Building an argument that supports each of these four points may take a considerable amount of experience and skill with legal matters. It may involve compiling evidence such as photographs and videos of the scene of the accident, compiling medical records and bills, taking witness statements, and more. Additionally, in the case of injury, the injured party may need to prove that an injury does not predate the drunk driving accident, which may require more research and evidence. 

Louisiana Drunk Driving Accident Liability Laws

Another legal facet of a DUI case that a drunk driving accident attorney could assist with is the Louisiana laws regarding liability for accidents. According to Louisiana C.C. 2323, Louisiana is a pure comparative negligence state. This means that even if the injured party is mostly at fault, they are still capable of receiving damages. However, those damages are reduced to the degree that the court determines the injured party was at fault. This means that if the courts determine that the injured party was 45% responsible for the accident, the awarded damages will be reduced by 45%. 

Why Choose the Lousiana Law Lady?

Louisiana Law Lady is dedicated to providing compassionate and experienced service to victims of drunk driving accidents. Beyond that, founder Lauren Pilié has experience both as a defense attorney and as a truck and motorcycle driver herself, which may help her empathize and better serve individuals who have been injured on the road. Consider scheduling a consultation with an experienced drunk driving accident attorney from Louisiana Law Lady today by calling or texting her  at (504) 470-3511.