Drunk Driving Accidents in New Orleans: Your Legal Options

Every year, impaired driving causes devastating crashes across Louisiana—many of them right here in New Orleans. Victims often face serious injuries, financial strain, and emotional trauma, all because someone chose to drive under the influence. Understanding your rights and the legal options available after such an accident can help you move forward. Speaking with a car accident lawyer new orleans can provide clarity about how liability is determined and what steps to take next.

The Serious Impact of Drunk Driving Crashes

Drunk driving remains one of the leading causes of traffic fatalities in Louisiana. Alcohol slows reaction time, blurs vision, and impairs judgment—all of which make collisions far more likely and often more severe.

Common injuries in alcohol-related crashes include broken bones, head trauma, spinal cord damage, and lasting psychological effects. Beyond physical harm, victims may struggle with mounting medical bills, lost wages, and long-term therapy or rehabilitation costs.

While no legal process can undo the harm caused, Louisiana law gives victims the right to seek compensation from those responsible.

Determining Fault in a Drunk Driving Accident

Louisiana operates under a fault-based system, meaning the driver who caused the accident is legally and financially responsible for resulting damages. In drunk driving cases, evidence of intoxication—such as a failed breath test, police report, or criminal conviction—can play a major role in proving liability.

However, even if the at-fault driver is charged with DUI, the civil claim for compensation is separate from the criminal process. This distinction allows victims to pursue financial recovery regardless of the outcome in criminal court. Compensation may include medical expenses, property damage, lost income, and pain and suffering.

Comparative Fault Still Applies

Louisiana follows a comparative negligence rule, which means that more than one person can share responsibility for an accident. For example, if a sober driver was speeding or failed to wear a seatbelt, a court might assign them a small percentage of fault. Their recovery would then be reduced by that percentage.

Understanding this rule helps set realistic expectations—compensation depends on the facts of the case, not just the presence of alcohol.

A car accident lawyer new orleans can review police records, witness statements, and toxicology results to determine how comparative fault may affect your claim.

Types of Compensation Available

Victims of drunk driving accidents may be eligible for different forms of compensation under Louisiana law. Common categories include:

• Medical costs: Hospital stays, surgery, physical therapy, and ongoing care.

• Lost wages: Income lost during recovery and potential future earnings.

• Pain and suffering: Emotional distress, trauma, or reduced quality of life.

• Property damage: Vehicle repairs or replacement.

• Punitive damages: In rare cases, courts may award additional damages to punish reckless behavior, such as driving with an extremely high blood-alcohol level.

The exact amount and type of compensation vary based on the severity of the crash, available insurance coverage, and evidence supporting your claim.

Evidence That Strengthens a DUI-Related Claim

Building a strong civil case requires documentation that connects the driver’s impairment to the collision. Useful evidence can include:

• Police reports detailing field sobriety tests or arrests

• Breathalyzer or blood-alcohol test results

• Traffic-camera or dash-cam footage

• Eyewitness accounts describing erratic driving

• Medical records linking injuries to the accident

Preserving this evidence early can make a major difference when negotiating with insurers or presenting your case in court.

Dealing With Insurance Companies

Insurance adjusters often act quickly after a crash, sometimes before victims fully understand their injuries or rights. It’s important to remember that adjusters work to minimize payouts. They may offer an early settlement that doesn’t reflect long-term medical costs or emotional damages.

Taking time to document your recovery, track expenses, and consult a qualified professional before signing any agreement can help ensure fair compensation.

Steps to Take After a Drunk Driving Crash

If you’re involved in a collision with an impaired driver, your immediate actions can protect both your health and your potential claim:

1. Call 911 and request medical help and police assistance.

2. Gather evidence—photos, witness contacts, and license information.

3. Seek medical evaluation even if injuries appear minor.

4. Report the accident to your insurance provider promptly.

5. Keep records of all treatment, repairs, and communication with insurers.

Following these steps builds a clear record that supports your recovery efforts later.

Final Thoughts

Drunk driving accidents are preventable tragedies that can alter lives in an instant. While criminal charges hold offenders accountable, victims also have the right to pursue financial justice through civil claims. Knowing how fault, evidence, and comparative negligence work under Louisiana law helps you make informed decisions about recovery and next steps.