Drunk Driving Accident
Battle-Tested Advocacy for the Injured
Louisiana Injury Lawyers for Victims of Drunk Driving Accidents
Car accidents are always scary, no matter how minor they are. Car accidents caused by drunk drivers, however, are often all the more terrifying. These accidents often leave behind permanent physical and emotional trauma for both victims and their family members. Not to mention, the medical expenses associated with drunk driving accidents can take years to pay off, with or without health insurance.
In some cases, a drunk driving accident victim can carry the consequences of their accident for years while the negligent driver walks free. That’s why the Baton Rouge car accident attorneys at Joubert Law Firm are so passionate about seeking justice for car accident victims. Our team is knowledgeable and experienced in this area of personal injury law, which means we can litigate your case in a timely manner and recover maximum compensation for you.
Under Louisiana law (Louisiana RS 14:98), drunk drivers can receive an operating while intoxicated (OWI) charge if they:
Have a blood alcohol content (BAC) of .08% or higher,
Operate a vehicle – such as a car, boat, motorcycle, etc. – while under the influence of any illegal or over-the-counter drugs
Operate a vehicle under the influence of alcohol
An OWI charge based solely on BAC is called a “per se OWI.” This type of drunk driving charge doesn’t require evidence that the drunk driver was actually impaired. Gathering other evidence of impairment can be crucial for receiving maximum compensation in a Baton Rouge drunk driving accident case. This is because each person tolerates alcohol differently. So, while some people are completely impaired with a BAC of .08% or higher, others may not be.
Is an OWI a Felony in Louisiana?
An OWI, more commonly known as a DUI, is only a felony in Louisiana after the third offense. The first two drunk driving offenses are considered misdemeanors under Louisiana law.
What is Vehicular Negligent Injuring?
Vehicular negligent injuring is basically when a driver of a motor vehicle (car, boat, motorcycle, plane, etc.) crashes into someone else and causes them serious injuries. Drivers engaged in drunk or distracted driving may face this type of charge when their negligence causes injury to other people on the road.
Vehicular Negligent Injuring Penalties in Louisiana
It’s important to note that the penalties for drunk driving-related injuries are much different than the typical OWI penalties. Additionally, criminal OWI cases and personal injury cases caused by drunk driving are different. Drunk drivers could receive the general penalties associated with an OWI while also enduring punishment for vehicular negligent injuring.
According to Louisiana RS 14:39.1, a drunk driver who crashes into another driver and injures them will face 6 months in jail, a $1,000 fine, or both.
First Degree Vehicular Negligent Injuring
First-degree vehicular negligent injury only differs from general vehicular negligent injury in the severity of injuries that car accident victims suffer. In order for a negligent driver to receive this charge, they must have caused catastrophic injuries as a result of their drunkenness. According to Louisiana RS 14:39.2, a drunk driver who causes catastrophic injuries will face 5 years in prison with or without hard labor, a $2,000 fine, or both.
Vehicular Homicide Penalties in Louisiana
Vehicular homicide occurs when drunk, distracted, or aggressive drivers kill other people on the roads as a result of their negligence. Penalties for this crime are dependent on BAC and whether or not the driver has a previous OWI on their record.
According to Louisiana RS 14:32.1, those convicted of vehicular homicide will face 5 to 30 years in prison (with or without hard labor) and a $2,000 fine. At least 3 years of the sentence should be imposed without parole. However, if the drunk driver had a BAC of 0.15% or higher at the time of the car accident, or if they have had a prior OWI conviction in Louisiana, then at least 5 years of jail time should be imposed without the benefit of parole.
If someone you love was killed by a drunk driver, we can help you pursue compensation through a wrongful death case. An experienced drunk driving accident lawyer at Joubert Law Firm will fight for you to receive a fair settlement.
Common Injuries from Drunk Driving Accidents
Unfortunately, many injured victims must endure thousands of dollars worth of medical treatment after they’ve been hit by a drunk driver. They may suffer injuries such as:
Our Baton Rouge personal injury lawyers understand the physical and mental pain that a traffic accident of any kind can cause, especially drunk driving accidents. That’s why we’re so passionate about handling these types of car accident cases. If you’ve suffered injuries from a drunk driver, allow us to recover compensation on your behalf while you recover from your physical and mental trauma.
What Should I Do If I’m Hit by a Drunk Driver in Baton Rouge, LA?
Getting into even a minor car accident is a scary and stressful experience. All that adrenaline can leave you in a state of pure shock and confusion, leaving you unsure of what to do next. If you ever become the victim of a drunk driving accident (or any Baton Rouge motor vehicle accident, for that matter) follow the steps below:
Receive Medical Help
The first thing that car accident victims need to do is take care of themselves. If you find yourself in a drunk driving accident, call for medical help immediately, even if you think your injuries are minor. Some people don’t feel the symptoms associated with traumatic injuries right away due to adrenaline. That’s why it’s always best to get checked out as soon as possible, whether your injuries are immediately noticeable or not. Not only will you save yourself from worsening injuries, but you’ll also create a clear record of the event. Should you decide to pursue legal action, this will serve as crucial evidence in your personal injury case down the line.
Notify the Police
Though this typically goes hand in hand with requesting medical help, you should make certain that the police are notified of the accident and report to the scene immediately. Once again, notifying the police will create a clear record of the event when you receive help from the car accident lawyers at Joubert Law Firm later on. If the police suspect that the other driver is drunk, they will check their BAC and conduct standardized field sobriety tests. The results of these tests will also serve as crucial evidence in your case.
Call an Experienced Baton Rouge Attorney at Joubert Law Firm
Baton Rouge car accident attorneys don’t just protect accident victims from drunk drivers and injustice. We also protect our clients from insurance companies that fail to provide fair compensation. That’s why it’s crucial to call us as soon as possible after a drunk driving accident and before any statements are made to insurers. We will fight for your justice while handling your insurance claim as well as all communications with the intoxicated driver, their insurance company, and/or their legal team. That way you can focus on the most important task at hand: your physical and mental recovery.
Proving Liability in a Drunk Driving Accident Case
In order to prove the driver’s negligence, a Baton Rouge drunk driving accident lawyer must prove the required elements of negligence. They are:
Duty of Care: The negligent driver owed a specific duty of care to the victim and every other driver on the road.
Breached Duty of Care: The negligent driver breached that duty of care by drinking, driving, and injuring the victim..
Cause in Fact: If the negligent driver didn’t drive while intoxicated, then the victim wouldn’t have suffered injuries.
Damages: The injured victim suffered damages due to the negligent driver’s behavior. These damages may include vehicle repairs and medical expenses, for example.
Damages You Can Receive for a Drunk Driving Accident Case
The team of experienced personal injury lawyers at Joubert Law Firm is passionate about fighting for fair compensation for all car accident victims. Listed below are common types of damages that we have recovered for victims of drunk driving accidents:
Medical bills, both past and future
Rehabilitation bills
Lost wages
Loss of earning capacity
Physical pain and suffering
Mental anguish
Counseling or therapy for emotional disorders related to the accident
Loss of consortium
Punitive damages
Louisiana’s Time Limitations for Drunk Driving Accidents
According to Louisiana law, car accident victims have one year from the date of their accident to file a personal injury lawsuit against the negligent driver. If you wait longer than that to pursue financial compensation for your injuries, a court will dismiss your case altogether.
Call a Baton Rouge Drunk Driving Accident Attorney Today
At Joubert Law Firm, our number one priority is providing unmatched representation to injured victims across the state of Louisiana. We understand how physically, mentally, and financially demanding vehicle accidents can be, and that’s why we do everything in our power to ease those burdens. Plus, our Baton Rouge car accident lawyers work on a contingency fee basis, meaning you don’t pay us until we obtain a fair settlement on your behalf. If you’re ready to pursue compensation for your drunk driving accident, call us today at (225) 777-8853.
**As a thank you to all military members and veterans and to show our appreciation for your sacrifice and service, we would like to offer a discount for your legal cases.
“Johnny went above & beyond to help me in a very difficult time. If you need someone to advocate for you, he’s the one to call! So thankful for him & how he handled a case I thought was impossible to help. Give him a call!”
