New Orleans Drunk Driving Accident Attorneys
Fighting For Drunk Driving Accident Victims in Louisiana
If you or someone you love was hit by a drunk driver, you know the effect that driving while intoxicated has a huge impact on the lives of victims and their loved ones. Sadly, drunk driving accidents lead to devastating injuries and losses, leaving individuals and families unsure of where to turn or what they can do to obtain justice and fair compensation for their damages.
At The Womac Law Firm, we fight for victims of serious car accidents, including drunk driving accidents, in New Orleans and the surrounding areas. Since 1983, we have committed ourselves to representing the rights and best interests of accident victims; we never defend negligent parties or large insurance companies.
When you reach out to our New Orleans drunk driving accident lawyers, we will take the time to get to know you, listen to your story, and share how we can help. We know that no amount of financial compensation can negate the pain and suffering you and your family have been through, but a successful claim can allow you to heal.
To learn how our New Orleans drunk driving accident lawyers can help you, contact us today at (504) 470-3935. Your initial consultation is free, and you owe nothing unless we win your case.
Louisiana Drunk Driving Laws
Although it is technically referred to as “operating under the influence,” or OWI, in Louisiana, many people refer to drunk driving as “driving while intoxicated/driving under the influence,” or DWI/DUI. The state imposes harsh penalties for those who drive while intoxicated or impaired by alcohol and/or drugs.
In Louisiana, it is illegal to operate a motor vehicle while intoxicated. Typically, a person is considered “intoxicated” when their blood alcohol content (BAC) is at or above 0.08%. Minors are considered “intoxicated” when their BAC is at or above 0.02%, and commercial vehicle operators are not permitted to drive with a BAC of 0.04% or higher. A person can also be considered intoxicated when they are impaired by alcohol or drugs, including both legally obtained and illicit substances.
Despite strict laws and harsh criminal penalties, countless people continue to choose to get behind the wheel of a car or motor vehicle after consuming alcohol. Tragically, this has serious and even deadly consequences.
Drunk Driving Accident Statistics in Louisiana
The National Highway Traffic Safety Administration estimates that nearly 30 people are killed every day in the United States due to drunk driving accidents. Unfortunately, Louisiana consistently ranks among the most dangerous states when it comes to drunk driving accident rates. In 2020, there were 270 alcohol-related crashes in Louisiana, leading to 299 fatalities—an increase of nearly 1.5% from the previous year. Of the total number of traffic accidents in Louisiana in 2020, almost 40% were alcohol-related.
Is Driving While Intoxicated Considered Negligence?
In most cases, proof that another driver was intoxicated when they hit you can be used as evidence of negligence. In other words, if the driver who hit you is arrested for or charged with driving while intoxicated, you can generally use this as evidence to support your personal injury claim. This is important, as you have the burden of proving that the other driver (or another party) was at fault for the accident that caused your injuries and damages.
In some cases, it may be possible to hold a vendor or social host liable for a drunk driving accident. However, unlike many other states, Louisiana does not have specific legislation allowing injured parties to take action against those who provide alcohol to minors or clearly intoxicated individuals. Known as “dram shop” and “social host” laws, this legislation rarely applies in Louisiana except when a vendor or host causes intoxication by force or by misrepresenting an alcoholic drink as a non-alcoholic beverage.
Have Questions?
We Have Answers!
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What Are the Most Common Injuries in a Car Accident?
Unfortunately, car accidents often result in life-altering injuries, disability, and death.
Some of the most common car accident injuries include:
- Whiplash
- Concussions
- Traumatic brain injuries
- Broken bones
- Serious lacerations and contusions
- Slipped, ruptured, or herniated discs
- Internal bleeding
- Spinal cord injuries
- Paralysis
- Back and neck injuries
- Accidental amputation
- Soft tissue damage
For injured victims and the surviving loved ones of those wrongfully killed, the road to recovery can be long, difficult, and painful. While a successful accident claim cannot undo the pain and suffering you and your family have experienced, it can provide you with the economic resources you need to move forward.
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What Can I Seek Compensation for After an Accident?
After an auto accident, you are likely to face a number of significant challenges. You may need extensive, ongoing medical treatment for your injuries; you may be out of work for weeks, months, or even years while you recover.
This can leave you uncertain as to how you will keep up with mounting medical bills and everyday expenses—on top of dealing with the immense pain and suffering the accident has caused you.
At The Womac Law Firm, we can help you fight for maximum compensation for your damages, including but not limited to:
- Medical expenses
- Hospital bills
- Rehabilitation
- Pain and suffering
- Lost wages
- Future medical expense
- Future lost earnings
- Lost earning ability/disability
- Property damage
In some cases, we may also be able to pursue punitive damages, which are meant to punish liable parties for wanton or willful negligence, such as driving while intoxicated.
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What Happens If I Settle Without an Attorney?
When you report a car accident to your insurance company or the other party’s insurance provider, they will typically begin calling you and trying to settle your claim. Some insurance companies will offer you a fair settlement to ensure all your expenses are covered, including medical bills and physical damages. However, many insurance companies only care about their bottom lines and will do their best to minimize your claim to avoid a big payout.
We cannot guarantee positive results for every client, but in most cases, hiring a car accident attorney to handle your claim increases your recovery amount by 2 – 3 times! If you haven't settled with your insurance company, call our office as soon as possible to discuss your case with our New Orleans car accident lawyers.
Drunk Driving Accident Claim VS a Criminal DWI Case
Drunk driving accident cases can be confusing, as the drunk driver not only faces civil repercussions but also criminal penalties. However, a personal injury or wrongful death claim against a drunk driver is entirely separate from criminal prosecution. While the outcome of a criminal case does not necessarily have any bearing on your civil claim, a guilty verdict can serve to bolster your claim by providing evidence of the drunk driver’s negligent/wrongful conduct.
Rather than seeking criminal penalties, such as jail time, fines, and driver’s license suspension, a civil drunk driving accident claim seeks compensatory damages for victims.
