Louisiana
Drunk Driving Accident Lawyer

Injured by Someone Driving Under the Influence in Louisiana?

Every year, drunk driving crashes leave Louisiana families facing serious injuries, stress, and financial pressure. These wrecks happen because someone chose to drive after drinking, but you are the one left dealing with the consequences.

Louisiana law allows you to seek compensation after a drunk driving accident. Still, insurance companies often move fast to limit what they pay. Without strong legal guidance, many injury victims accept less than they truly need for medical bills, lost wages, and long-term care.

The Louisiana car accident lawyers of Loyd J Bourgeois Injury & Accident Lawyer (LJBLegal) help you understand your rights, protect you from being underpaid, and build a case designed for full and fair compensation. Some cases settle without filing a lawsuit. Others require more pressure. If your case must go to court, you want a team ready to prepare it the right way from the start.

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Why Hire The Attorneys Of LJBLegal After A Drunk Driving Accident?

After a crash caused by an impaired driver, you need more than general advice. You need a team that listens, explains each step, and prepares your case thoroughly.

How Do The Attorneys Of LJBLegal Protect You From Being Underpaid?

• Push Back Against Low Offers: We evaluate every offer and explain whether it truly covers your losses.
• Build A Strong Claim: We gather police reports, witness statements, medical records, and crash evidence.
• Identify All Responsible Parties: We look at every possible source of insurance coverage.
• Handle Insurance Communication: You focus on healing while we deal with adjusters.
• Prepare For Trial If Needed: We build each case as if it may need to be presented in court.

What Access Do Clients Have To Their Case?

When you hire LJBLegal, you receive access to our client portal app. It provides 24/7 access to your case status. You can upload documents, review updates, ask questions, and message your attorney or dedicated case manager directly. You stay informed without waiting for a call back.

How Does LJBLegal’s Contingency Fee Work?

Cost should never stop you from getting help. At LJBLegal, we work on a contingency fee basis:

• No Upfront Costs: You do not pay anything to hire us.
• No Fee Unless We Win: We only get paid if we recover compensation for you.
• No Surprises: Our fee remains the same even if we file a lawsuit or take your case to trial.

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What Louisiana Laws Apply To Drunk Driving Injury Cases?

Drunk driving cases often involve both criminal charges and a separate civil injury claim. The criminal case focuses on punishment. Your injury claim focuses on financial recovery for your losses.

How Is Fault Proven In A Drunk Driving Accident?

To recover compensation, you must show that the other driver caused the crash. Evidence may include the police crash report, field sobriety or blood alcohol testing, witness statements, and scene documentation. Our team works quickly to preserve and organize this proof.

Are Exemplary Damages Available In Louisiana Drunk Driving Cases?

Louisiana law may allow exemplary (punitive) damages in certain cases involving intoxicated drivers under Civil Code Article 2315.4. These damages are not automatic. They require proof of reckless conduct tied to impairment. The attorneys of LJBLegal review the facts carefully to determine if this applies.

Can A Bar Or Restaurant Be Held Responsible?

Louisiana law limits when alcohol providers can be held responsible under La. R.S. 9:2800.1. In some situations, additional parties may share fault, but these claims are fact-specific. We analyze the circumstances to determine what legal options are available.

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What Is The Legal BAC Limit In Louisiana If I Was Hit By A Drunk Driver?

In Louisiana civil litigation, proving a driver was operating a vehicle while impaired is a key part of a personal injury claim. While a BAC of 0.08% is the legal limit for most adult drivers, any level of impairment that contributes to a crash can support financial responsibility for your damages.

What BAC Level Counts As Drunk Driving In Louisiana?

• Standard Motorists (Ages 21+): A Blood Alcohol Concentration, or BAC, of 0.08% or higher qualifies as legal intoxication. In a personal injury case, this can make it easier to establish fault.
• Commercial Operators: Because professional drivers owe a higher duty of care, the limit is 0.04%. Exceeding this threshold can be powerful evidence in a trucking accident case.
• Underage Drivers: Louisiana follows a zero-tolerance policy. A BAC of 0.02% is enough to establish impairment for drivers under 21.

Can A Very High BAC Increase The Value Of My Drunk Driving Injury Claim?

Louisiana law recognizes that very high levels of intoxication may show a reckless disregard for public safety. Evidence of extreme impairment can strengthen a claim for additional compensation.

Can I Still File A Claim If The Driver Was Below 0.08%?

Under Louisiana Revised Statute RS 14:98, a driver may be considered impaired even if their BAC is below 0.08%. If alcohol, prescription medication, or illegal substances reduced the driver’s ability to operate a vehicle safely, they may still be held responsible for the harm they caused.

Note On Implied Consent: Drivers who refuse a chemical test face administrative penalties. In a civil (Personal Injury or Wrongful Death) case, that refusal may sometimes be presented to a jury as evidence suggesting possible intoxication.

Can I File a Personal Injury Claim While DUI Charges are Pending in Louisiana?

Yes. In Louisiana, victims can pursue a personal injury lawsuit even while criminal DUI charges are pending. The civil case focuses on financial compensation, not punishment. A criminal conviction strengthens the claim but is not required to recover damages.

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What Injuries Are Common In Drunk Driving Accidents?

Drunk driving crashes often cause severe and lasting injuries. Even lower-speed collisions can create serious medical issues.

• Head and Brain Injuries: Concussions and traumatic brain injuries.
• Neck and Back Injuries: Whiplash, disc injuries, and nerve damage.
• Broken Bones: Arms, legs, ribs, and facial fractures.
• Spinal Injuries: Injuries that may limit mobility or cause paralysis.
• Soft Tissue Injuries: Strains and sprains that affect daily life.

What If A Loved One Died In A Drunk Driving Crash?

If you lost a family member in a drunk driving crash, a Louisiana wrongful death lawyer can help your family pursue compensation for funeral costs, lost financial support, and the emotional loss you now face. The attorneys of LJBLegal guide families through this process with care and clarity.

What Compensation Can You Recover After A Drunk Driving Crash?

You may recover compensation for both economic and non-economic damages after a drunk driving crash. Economic damages cover financial losses like medical bills, future treatment, lost wages, reduced earning capacity, and property damage. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Compensation aims to address both financial and personal losses. A full claim considers present costs and future needs.

What Are Economic Damages?

• Medical Bills: Emergency care, surgery, therapy, medication, and follow-up treatment.
• Future Medical Care: Ongoing procedures or long-term rehabilitation.
• Lost Wages: Income lost while you recover.
• Reduced Earning Capacity: When injuries affect your ability to work long-term.
• Property Damage: Vehicle repair or replacement costs.

What Are Non-Economic Damages?

• Pain And Suffering: Physical pain caused by your injuries.
• Mental and Emotional Distress: Anxiety, fear, and sleep disruption.
• Loss of Enjoyment of Life: When injuries limit activities you once enjoyed.
• Loss of Consortium: Harm to a marital relationship in serious cases.

What Should You Do After A Drunk Driving Accident In Louisiana?

Should You Seek Medical Care Even If You Feel Fine?

Yes. Some injuries appear hours or days later. Prompt medical care protects your health and creates documentation connecting injuries to the crash.

What Evidence Should You Preserve?

• Photographs of vehicles, injuries, and the scene.
• Contact information for witnesses.
• A copy of the police report.
• Medical records and bills.
• Repair estimates and proof of lost wages.

Should You Speak To The Insurance Company Alone?

Insurance adjusters may request a recorded statement quickly. Early statements can be used to reduce your claim. The attorneys of LJBLegal can manage these communications to protect your case.

Who Can Be Held Responsible For A Drunk Driving Crash?

Is The Drunk Driver Always The Primary Responsible Party?

In most cases, yes. The impaired driver is responsible for the harm caused by reckless decisions behind the wheel. They may be liable for medical expenses, lost income, pain, and other damages.

Are There Other Potentially Responsible Parties?

Some crashes involve work vehicles, special events, or other unique facts. Our team reviews every angle to determine whether additional sources of recovery exist under Louisiana law.

What Is The Deadline To File A Drunk Driving Injury Claim In Louisiana?

For most injury cases occurring on or after July 1, 2024, Louisiana law provides a two-year deadline from the date of injury to file suit. Incidents before that date may be subject to a shorter period. Missing the deadline can prevent recovery, so timely action matters.

How Common Are Drunk Driving Accidents In Louisiana?

Drunk driving remains a serious problem across Louisiana. Communities like Metairie, Luling, Baton Rouge, and New Orleans continue to see crashes caused by impaired drivers. While numbers change each year, alcohol-related wrecks consistently lead to serious injuries and wrongful death claims.

Reference:

LSU Center for Analytics & Research in Transportation Safety (CARTS) – 2024 Louisiana Traffic Records Summary

When Do Drunk Driving Crashes Increase?

• Higher crash rates at night and on weekends.
• Spikes during holidays, festivals, and major events.
• Repeat offenders involved in serious wrecks.
• Young adult drivers are frequently involved in alcohol-related crashes.

What Legal Issues Commonly Arise In Drunk Driving Injury Cases?

Drunk driving injury cases involve parallel criminal and civil proceedings. Victims must prove negligence, document damages, and address insurance limits. Key issues include negligence per se, dram shop liability, punitive damages, contributory negligence defenses, and preserving time-sensitive evidence like BAC results and police reports.

• Liability: Showing the impaired driver caused the crash.
• Damages: Proving medical costs, lost income, and personal harm.
• Insurance Coverage: Identifying all available policies.
• Exemplary Damages: Determining whether additional damages may apply under Louisiana law.
• Wrongful Death Claims: When families pursue compensation after a fatal crash.

Why Choose LJBLegal For A Louisiana Drunk Driving Accident Case?

Serious cases require more than a large firm name. They require careful preparation, access to experts when needed, and personal attention. The attorneys of LJBLegal handle complex cases thoroughly and directly.

If your case can settle fairly, we will guide you through that process. If it must be presented in court, we prepare it with strength and precision. You deserve a team committed to your recovery and ready to protect your future. Call us today at 985-240-9773