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 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 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 do not defend negligent parties or large insurance companies.
When you reach out to our New Orleans drunk driving accident lawyers, we can 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 attorney team can help you, contact us today at (504) 470-3935. Your initial consultation is free, and you owe nothing unless we recover compensation for your case.
Louisiana Drunk Driving Laws
Although it is technically referred to as “operating while intoxicated,” 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.
The National Highway Traffic Safety Administration identifies alcohol-impaired driving as a continuing safety concern nationwide. NHTSA provides current information about drunk driving risks and prevention.
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.
An arrest, criminal charge, or conviction isn’t required before a civil claim can be evaluated. The facts must still show negligence, causation, and damages.
In some cases, it may be possible to hold a vendor or social host liable for a drunk driving accident. However, Louisiana law generally shields vendors and social hosts from liability when alcohol is served to adults of lawful drinking age. Under Louisiana’s statute, the act of consuming alcohol—not serving it—is treated as the legal cause of any resulting injury. There are exceptions: a vendor or social host may be held liable when alcohol is served to a minor, when a person is forced to consume alcohol, or when an alcoholic beverage is misrepresented as non-alcoholic. These are known as “dram shop” and “social host” issues, and they arise far less often in Louisiana than in many other states.
Evidence in a Drunk Driving Accident Claim
Evidence may include the crash report, impairment testing records, witness accounts, photographs, vehicle or roadway evidence, medical records, and documentation of financial losses. A claim’s strength can depend on connecting the driver’s impairment to the collision and the collision to the injuries and losses involved.
Our trial preparation includes mock juries and rigorous preparation for cases that don’t settle.
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.
How a Drunk Driving Accident Attorney Can Help
Our drunk driving accident attorneys can review liability, available insurance coverage, medical documentation, lost income, property damage, future care needs, and whether additional parties warrant investigation. We represent injured people, not insurance companies, and keep clients informed throughout the process.
We can gather and review available evidence, handle insurance negotiations, and prepare a case for litigation when appropriate. Prompt legal review can matter because evidence, witness recollections, medical documentation, and filing requirements can become harder to address over time.
