Every year, thousands of lives are changed forever by drunk driving accidents. According to the National Highway Traffic Safety Administration, in 2022 alone, 13,524 people were killed in alcohol-impaired driving crashes, accounting for nearly 32% of all traffic-related deaths in the United States.
In Louisiana, drunk driving is a significant factor in motor vehicle accidents, leading to severe injuries and fatalities. In 2021, alcohol was a factor in 31% of vehicle crashes in the state, resulting in 301 deaths. Although this percentage dropped to 29% in 2022, there were still 267 tragic fatalities due to alcohol-impaired driving.
If you find yourself a victim of a car accident, you need to know the immediate steps to take to protect your health, your rights, and your future.
Immediate Steps After a Drunk Driving Accident
If you've been hit by a drunk driver, taking the right actions immediately after the car accident can make all the difference in protecting your health, legal rights, and potential compensation. Here's what you should do:
Document the Scene
If you're able, immediately start gathering evidence:
Take photos of all vehicles involved, focusing on damage and license plate numbers
Capture images of the surrounding area, including street signs, traffic signals, and road conditions
Collect contact information from any witnesses
Contact the Police
When law enforcement arrives, provide them with a detailed account of what happened. The responding officers will document the scene, gather evidence, and likely conduct field sobriety tests if they suspect the other driver of being under the influence.
Exchange Information
With the help of the police officer, exchange the following details with the other driver:
Full name and contact information
Driver's license number
Vehicle registration information
Insurance company name and policy number
Ensure Safety and Call 911
Your first priority is safety. If possible, move to a safe area away from traffic. Immediately call 911 to report the accident and request medical assistance if anyone is injured. Prompt medical attention not only protects your health but also creates a record of your injuries, which is crucial for any future personal injury lawsuit.
Contact a Car Accident Lawyer
As soon as you're able, reach out to an experienced personal injury attorney who specializes in drunk driving accidents. They can guide you through the complex legal process, help you deal with insurance companies, and ensure you're fairly compensated for your injuries, lost wages, and other damages.
Notify Your Insurance Company
Report the accident to your insurance provider, but be cautious about what you say. Stick to the facts and avoid admitting fault or downplaying your injuries. Let them know you're working with a personal injury lawyer who will handle communications moving forward.
Keep Detailed Records
Start a file to organize all accident-related documents, including:
Medical bills and records
Receipts for any out-of-pocket expenses
Documentation of lost wages
Correspondence with insurance companies
Understanding Your Rights After a Drunk Driving Accident
As a victim, you may be entitled to various forms of compensation for the damages and injuries you have suffered.
Can I Sue a Drunk Driver for an Accident?
Yes, you can sue a drunk driver for an accident. Victims of a drunk driving car accident are often entitled to compensation for various losses, including:
Medical Bills: You can claim compensation for all future medical expenses related to the accident, including emergency care, surgeries, hospital stays, medications, and ongoing treatments.
Lost Wages: If your injuries prevent you from working, you can seek compensation for lost wages. This includes both past income you have missed and future earnings you may lose due to long-term or permanent disability.
Non-Economic Damages: You can bring a civil lawsuit to recover non-economic damages such as pain and suffering, emotional trauma, and loss of enjoyment of life. These damages compensate you for the intangible impacts of the accident on your life.
Types of Damages You May Be Entitled to
Economic Damages
These cover financial losses such as medical bills, lost wages, and property damage. They are quantifiable and directly related to the accident's impact on your finances.
Non-Economic Damages
These compensate for non-financial impacts such as pain and suffering, emotional trauma, and loss of enjoyment of life. While these damages are more subjective, they are crucial in addressing the full scope of the accident's impact on your well-being.
Punitive Damages
In Louisiana, there are limited circumstances where a plaintiff can obtain punitive damages, which are meant to punish the defendant for their actions and deter similar misconduct in the future. One of those circumstances is when an intoxicated driver has injured you.
As stated in the Louisiana Civil Code article 2315.4, “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 or 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.”
Under this law, a plaintiff can obtain punitive damages (also known as exemplary damages) where it can be proven that the driver's intoxication was a direct cause of the injuries. This legal provision emphasizes the severity of driving under the influence and seeks to penalize such reckless behavior harshly.
The Role of a Drunk Driving Accident Lawyer
Do I Need to Hire a Lawyer?
If you’ve been injured by a drunk driver, hiring a lawyer is often essential. A skilled attorney can determine the full extent of compensation you are entitled to. If necessary, a lawyer can represent you in a civil lawsuit, from filing the lawsuit to representing you in court.
How a Lawyer Can Help with Drunk Driving Accident Settlements?
A personal injury lawyer can negotiate with the drunk driver's insurance company to secure fair compensation for your injuries and losses. They'll ensure legal procedures are followed, deadlines are met, and advocate for your best interests against insurance companies trying to minimize payouts. With their expertise, you're more likely to receive full compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.
Dealing with the Consequences of Drunk Driving Accidents
Responsibility and Liability of Drunk Drivers
Liability for Injuries and Losses
The drunk driver may be held liable for the injuries and losses you sustained in the accident. This liability can form the basis for your lawsuit, where you seek compensation for damages caused by the drunk driver’s negligent behavior.
Filing a Personal Injury Lawsuit
You may be able to file a lawsuit against the drunk driver to recover damages. An attorney will help you build a strong case, proving that the driver’s intoxication was a direct cause of your injuries.
Potential Challenges in Drunk Driving Accident Cases
Insurance Company Tactics
Insurance companies often attempt to reduce their financial exposure by offering low early settlement amounts or employing other tactics to minimize compensation. An attorney can help counter these strategies and ensure you receive a fair settlement.
Emotional Trauma
Dealing with the emotional aftermath of a drunk driving accident can be challenging. Beyond physical injuries, you may experience significant emotional distress. A lawyer can help you address these claims and get you the compensation that reflects the full impact of the accident on your life.
Drunk Driver’s Defense
Drunk drivers may hire a DUI/DWI attorney to contest the charges, potentially seeking to reduce or dismiss the DUI/DWI charges. This can impact your case, particularly concerning punitive damages. An experienced attorney will work to maintain pressure on the drunk driver by communicating with the District Attorney and ensuring they are aware of the harm caused to you.
Impact on DUI/DWI Prosecution
It’s crucial that the District Attorney understands the severity of the injuries you sustained. Your attorney can help ensure that the DUI/DWI prosecution takes into account your injury case, which can influence the prosecution’s approach and the potential penalties for the drunk driver.
What does it mean for me if I get rear-ended by a drunk driver?
Rear-end collisions generally place liability on the driver who struck you from behind. In the case of a drunk driving accident, this principle holds strong:
When a drunk driver rear-ends your vehicle, they are typically considered at fault. In most rear-end collisions, the driver who hits another vehicle from behind is held responsible for the accident. This means that the drunk driver’s insurance company should be accountable for covering your damages.
Since rear-end accidents generally establish clear liability, the drunk driver cannot dispute that they were at fault. Their intoxicated state reinforces their responsibility for the collision, making it less likely that they can shift blame onto you.
Ensure that the drunk driver has insurance coverage. If they do not have insurance, you may face additional challenges. In such cases, you may need to pursue compensation through your insurance policy, such as under uninsured motorist coverage, or seek legal recourse to recover damages directly from the driver. Without insurance, you may need to personally handle medical bills and other expenses, which can be a significant burden.
Next Steps and Moving Forward
Drunk driving remains a serious issue in Louisiana. The data speaks for itself and underscores the need for vigilance and proper legal action if you find yourself in such a situation.
Don’t wait to seek the help you need. Contact the Burnham Law Firm today to schedule a consultation with a skilled personal injury attorney. Call us now to get the legal support you need and start your journey towards justice and recovery.
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