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A drunk driving crash can leave you dealing with injuries, medical bills, missed work, and a lot of uncertainty. If the crash took the life of someone you love, the loss can also bring funeral expenses and serious financial stress.
You may be wondering who is responsible, whether you can recover money for your losses, or what happens if the driver is charged with DUI.
Louisiana law allows injured people and certain family members to seek compensation when another person’s actions cause harm or death. A New Orleans wrongful death lawyer can explain your legal rights and help you understand what you can do after a serious crash.
According to the Louisiana Highway Safety Plan, alcohol-related crashes continue to play a major role in traffic deaths across the state. Impaired driving remains a serious safety concern.
What Happens After a Drunk Driving Accident in New Orleans?
The driver who caused the crash could be arrested and charged with DUI. Prosecutors handle the criminal case, and the driver could face penalties if convicted.
Your case is separate from the driver’s criminal case. You can bring a civil claim to seek compensation for the harm caused by the crash. If someone died, certain family members can file a wrongful death claim.
A criminal DUI case deals with whether the driver broke the law. A civil claim deals with the harm caused by the crash.
After the accident, keep copies of your medical bills, insurance letters, police documents, and other paperwork you receive. Write down important details while they are still fresh, including what happened at the scene and who was there.
Can You Sue a Drunk Driver After an Accident in Louisiana?
Yes. If a drunk driver’s actions caused your injuries, Louisiana law may allow you to file a civil claim.
To support the claim, you generally need to show that:
- The driver owed you a duty to drive safely.
- The driver broke that duty by driving while impaired.
- The crash caused your injuries or other losses.
Evidence can help prove what happened. This may include:
- Police and accident reports
- Blood alcohol concentration (BAC) results
- Witness statements
- Medical records
- Photos or videos from the crash
Louisiana follows comparative fault rules. If you share some responsibility for the accident, your compensation could be reduced based on your share of the fault.
The Louisiana Department of Transportation and Development provides information about traffic safety laws in the state.
Who May Be Responsible for a Drunk Driving Accident?
The drunk driver is usually the first person considered responsible for the crash. But in some cases, other people or businesses may share responsibility.
|
Party |
How they may be involved |
| Intoxicated driver | Could be responsible for causing the crash while driving under the influence |
| Vehicle owner | Could be responsible in certain situations involving the use of the vehicle |
| Employer | Could be responsible if the driver was working when the crash happened |
| Other parties | Liability depends on the facts of the crash and Louisiana law |
Determining responsibility requires a close look at the accident, the people involved, and the evidence. The facts of each case will determine who can be held liable.
Can Family Members File a Wrongful Death Claim?
Louisiana law allows certain family members to file a wrongful death claim when another person’s actions cause a loved one’s death.
A wrongful death claim may cover:
- Funeral and burial costs
- Medical bills from before death
- Lost financial support
- Loss of companionship
- Emotional suffering
Who can file the claim and what they can recover depends on their relationship with the person who died and the facts of the case.
What Compensation May Be Available?
A drunk driving crash can bring medical bills, lost income, property damage, and emotional pain. Depending on the case, you may be able to seek:
- Economic damages: Medical bills, rehabilitation costs, lost wages, loss of future earning ability, and property damage.
- Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship after a death.
- Punitive damages: Louisiana law may allow these damages in some cases involving especially harmful conduct. The facts of the case and the law will determine whether they apply.
The amount you can recover depends on your injuries, losses, and other facts of the accident.
How Can a Drunk Driving Accident Lawyer Help?
A drunk driving claim can involve insurance companies, medical records, accident reports, and other evidence. A lawyer can help you deal with these issues and understand your legal rights.
A lawyer may help you:
- Investigate the crash
- Gather evidence
- Deal with insurance companies.
- Look at possible claims.
- Explain the legal process.
Allan Berger & Associates, P.L.C. helps injured people and families understand their rights after serious accidents, including crashes involving impaired drivers.
Frequently Asked Questions
What happens if the drunk driver who caused my accident is arrested?
An arrest can lead to criminal charges. You can still file a separate civil claim for your injuries and other losses.
What if the drunk driver does not have enough insurance?
The money you can recover may depend on the driver’s insurance, other insurance coverage, and whether someone else is responsible for the crash.
Can I file a claim if the driver was not convicted of DUI?
Yes. You do not always need a DUI conviction to file a civil claim. The claim focuses on whether the driver’s actions caused your injuries and losses.
What evidence should I collect after being hit by a drunk driver?
Keep the police report, medical records, photos, videos, witness information, and any letters or messages from insurance companies.
Can a passenger sue after being injured by a drunk driver?
A passenger who is hurt in a drunk driving crash may have a legal claim. The answer can depend on the insurance coverage, the passenger’s relationship with the driver, and what happened in the crash.
How long do I have to file a wrongful death claim in Louisiana?
Louisiana law sets a deadline for wrongful death claims. The time limit depends on the case, so it is best to speak with an attorney early.
What happened in the Chloe Shartle and Makayla Bonura accident?
Chloe Shartle and Makayla Bonura were victims of a serious impaired driving crash in Louisiana that received significant local attention.
Conclusion
A drunk driving crash can leave you dealing with injuries, bills, lost income, and other problems. Losing a family member can bring even greater emotional and financial stress.
The criminal case against the driver is separate from a civil claim for your losses.
If you or someone in your family was hurt by a drunk driver, Allan Berger & Associates, P.L.C. can help you understand your legal rights and your next steps. Contact the firm for a free consultation to discuss your case.
