Drunk Driving Accidents

Drunk Driving Accident Attorneys in New Orleans, LA

Call Our orleans parish Auto Accident Lawyers for Help: (504) 475-2429

A crash caused by an impaired driver can leave you hurt, frustrated, and unsure what comes next. You may be dealing with medical treatment, missed work, vehicle damage, insurance calls, and questions about whether the driver will face criminal charges.

According to data gathered by Mothers Against Drunk Driving, one individual suffers severe injuries in a vehicle accident involving an intoxicated driver every two minutes. Unfortunately, many people lose their loved ones due to these negligent, careless, and reckless drivers who choose to drink and get behind the wheel.

If you or someone you love was injured in a car accident caused by a drunk driver, you may have the right to bring a civil injury claim even while the criminal case is pending. Our New Orleans drunk driving accident attorneys at The Chopin Law Firm can help you understand your options, evaluate the evidence, and pursue compensation for your injuries, emotional distress, lost wages, and other damages caused by the crash.

A civil injury claim is separate from the impaired driver’s criminal case. That means your ability to seek compensation does not depend entirely on whether the driver is convicted, pleads to a lesser charge, or avoids criminal penalties. The civil claim focuses on your injuries, your losses, and who may be legally responsible for paying for the harm caused by the collision.

Civil Claims After a Drunk Driving Accident Are Different From Criminal Charges

After an impaired driving crash, the State of Louisiana may bring criminal charges against the driver. That criminal case is meant to address whether the driver violated the law and what penalties may apply, such as fines, probation, license consequences, or jail time.

Your civil claim serves a different purpose. It is meant to help you pursue compensation for the harm you suffered, including medical expenses, lost income, pain, physical limitations, and other damages caused by the collision.

Because these cases are separate, your civil claim can move forward based on the facts of the crash and the damages you suffered. Evidence from a criminal investigation may help, but the civil claim is not the same proceeding and is not controlled by the same legal standard.

Insurance companies may consider many types of evidence, including police reports, witness statements, medical records, vehicle damage, toxicology information, and proof of insurance coverage. An attorney can help gather and organize that evidence so the focus remains on what happened, how you were injured, and which parties may be legally responsible.

Can You Pursue Compensation If the Driver Is Not Convicted?

Yes. An injured person may still have a civil claim even if the impaired driver is not convicted in criminal court. The criminal case and civil case use different procedures, different goals, and different burdens of proof.

For accident victims, this distinction matters. A driver may avoid conviction for reasons that do not erase the harm caused by the crash, including evidentiary issues, plea negotiations, or decisions made by prosecutors.

Even when criminal charges are reduced, delayed, dismissed, or resolved without a conviction, the injured person may still be able to pursue available insurance coverage and other sources of recovery. The question in the civil claim is whether the impaired driver’s conduct caused your injuries and losses, not whether the driver received a specific criminal sentence.

The Chopin Law Firm helps injured people understand how these issues may affect their claim. Our team can evaluate the crash, gather available evidence, communicate with insurers, and determine whether the impaired driver or another party may be legally responsible.

What Serious Personal Injuries Can Occur in Drunk Driving Accidents?

Alcohol-related accidents often result in personal injuries to the driver or affected parties. These collisions can cause serious injuries because impaired drivers may speed, drift between lanes, run red lights, fail to brake, or cause high-impact crashes.

• Internal Bleeding: Hemorrhaging of the internal organs can occur as a result of trauma from a car accident. A dangerous aspect of this type of injury is that the victim may not even realize they are bleeding. Low blood pressure, bleeding externally, rapid heartbeat, organ failure, seizures, or coma may result from this injury.
• Traumatic Brain Injuries (TBIs): Car crashes can cause traumatic brain injuries when the head strikes part of the vehicle, another object, or experiences a sudden violent movement. A TBI occurs when the brain is disrupted by a blow or bump to the head.
• Spinal Cord Injuries: Injuries to the spinal cord can occur as a result of a car crash. It is possible to lose sensation or mobility below the site of an injury when the spine is injured. Wheelchairs and other assistive devices are needed by some people with spinal cord injuries.

Other injuries may include broken bones, neck and back injuries, soft tissue damage, facial injuries, burns, scarring, psychological trauma, and wrongful death. Even when symptoms seem manageable at first, pain and limitations may worsen in the days after a crash.

Medical care is important for both your health and your claim. Prompt treatment can identify hidden injuries, document the connection between the crash and your condition, and help show the full impact of the impaired driver’s conduct.

What Compensation Can Victims of Drunk Driving Crashes Expect?

A victim and a victim’s family can experience serious financial and emotional hardships following a drunk driving car accident. For this reason, our legal team helps injured people pursue the compensation available under Louisiana law. Depending on the facts of the case, a claim may include compensation for:

• Doctor visits
• Chiropractic visits
• Physical therapy
• Emotional distress
• Physical pain
• Medical expenses
• Lost wages
• Punitive damages or exemplary damages in limited cases

Depending on the facts of the case, compensation may also include future medical treatment, loss of earning capacity, rehabilitation costs, property damage, loss of enjoyment of life, and other damages connected to the crash. In fatal crash cases, surviving family members may have separate rights under Louisiana wrongful death and survival laws.

Louisiana law may allow exemplary damages in certain cases involving an intoxicated defendant whose wanton or reckless disregard for the rights and safety of others caused injury while operating a motor vehicle. These damages are fact-specific and do not apply automatically in every impaired driving case.

Exemplary damages are sometimes referred to as punitive damages, but they are only available when the legal requirements are met. The value of a claim depends on several factors, including the severity of the injury, the available insurance coverage, the long-term medical outlook, and how the crash affects the injured person’s work, family life, and daily activities.

Who May Be Liable After an Impaired Driving Crash?

The impaired driver is usually the first party considered in a drunk driving accident claim. If that driver caused the crash, their auto insurance policy may be a source of recovery for the injured person.

In some cases, other parties may also need to be evaluated. These may include the owner of the vehicle, an employer if the driver was working at the time of the crash, a company responsible for a commercial vehicle, or another negligent driver who contributed to the collision. Every case depends on the available evidence and the legal relationship between the parties.

Identifying all available sources of compensation is important because serious injury claims can involve medical bills, long-term care needs, lost income, and damages that exceed a single insurance policy. The Chopin Law Firm can investigate the facts and determine which parties and insurance policies may be involved.

This investigation may include reviewing the driver’s insurance, vehicle ownership records, employment details, crash reports, witness statements, and any facts showing whether another person or business contributed to the collision.

Louisiana Dram Shop Claims Are Limited

Louisiana generally limits claims against alcohol vendors and social hosts for injuries caused off the premises by an intoxicated person. Louisiana law states that the consumption of alcohol, rather than the sale, serving, or furnishing of alcohol, is generally treated as the proximate cause of injury caused by an intoxicated person.

There are limited exceptions, including situations involving force or falsely representing that a beverage contains no alcohol. Because these rules are specific and fact-dependent, it is important to speak with a lawyer before assuming that only the impaired driver’s insurance may be available.

You should talk to a personal injury attorney to determine your sources of compensation and whether you are able to pursue compensation from a social host or another third party.

Even when a bar, restaurant, or host is not liable under Louisiana’s alcohol liability rules, other sources of recovery may still need to be reviewed.

What Evidence Can Help a Civil Drunk Driving Accident Claim?

Evidence can come from many different sources after an impaired driving crash. Police reports, crash scene photographs, witness statements, body camera footage, medical records, vehicle damage, toxicology evidence, and insurance information may all help establish what happened and how the crash affected you.

The criminal investigation may also produce useful information, but accident victims should not rely only on the criminal case to protect their civil claim. Important evidence can disappear quickly, and insurance companies may begin evaluating the claim before the criminal case is resolved.

An attorney can help preserve evidence, request available records, communicate with insurers, and build a claim that reflects the full impact of the crash. This can be especially important when the impaired driver denies responsibility, the insurance company disputes the severity of your injuries, or multiple parties may share fault.

Medical documentation is also important. Records from emergency care, follow-up visits, specialists, therapy, and diagnostic testing can help connect your injuries to the crash and show how those injuries affect your daily life.

How Does Louisiana’s Statute of Limitations Impact Your Claim?

After an accident in Louisiana, you have a limited amount of time to pursue compensation.

For many Louisiana personal injury claims arising on or after July 1, 2024, the prescriptive period is two years from the day injury or damage is sustained. Claims arising before July 1, 2024, may still be governed by the prior one-year deadline, so the date of the crash matters.

In general, CC 3492 is a one-year statute of limitations. You may lose your right to compensation if you don’t file a claim within one year of the accident.

It is possible for this deadline to be extended in certain circumstances. Get in touch with The Chopin Law firm today if you have questions about your case’s statute of limitations.

You should not wait to ask questions about your deadline. Even when the filing period seems clear, delays can make it harder to gather evidence, locate witnesses, obtain records, and document the full extent of your injuries.

Some claims may involve different rules depending on the date of the crash, the parties involved, or the type of claim being brought. The safest step is to speak with an attorney as soon as possible so your deadline can be evaluated based on your specific facts.

What To Do After a Crash Caused by an Impaired Driver

Your first priority after a serious crash is safety and medical care. Call 911, accept emergency treatment when needed, and get evaluated by a medical provider even if you are unsure how badly you are hurt.

If you are able, take photos of the vehicles, roadway, visible injuries, debris, traffic signals, and anything else that may help show how the collision happened. Avoid arguing with the other driver, and do not assume that the criminal investigation will fully document the details needed for your civil claim.

You should also be careful when speaking with insurance companies. A recorded statement, quick settlement offer, or casual comment about your injuries may be used later to reduce the value of your claim.

Before signing anything or accepting a settlement, it is important to understand the full extent of your injuries and the coverage that may be available. Once a claim is resolved, you may not be able to reopen it if your condition worsens.

Why Hire The Chopin Law Firm?

When you contact our New Orleans car accident lawyers at The Chopin Law Firm, we can review the details of your case, document important facts, collect information from witnesses, request available records, and communicate with insurers on your behalf.

Our firm understands that a drunk driving accident can affect far more than your vehicle. You may be facing pain, medical appointments, financial pressure, and uncertainty about how the criminal case affects your rights.

The Chopin Law Firm helps injury victims evaluate civil claims, identify available insurance coverage, document damages, and pursue compensation from the parties who may be legally responsible. We provide clear guidance so you can understand your options and take the next step with confidence.

Our role is to help you separate the criminal case from your civil claim, protect the evidence that may support your recovery, and pursue the compensation available under Louisiana law.

Speak with a member of our team today by contacting The Chopin Law Firm at (504)-447-8828.

Frequently Asked Questions

1. Can I file a civil claim if the drunk driver was not convicted?

Yes. A civil injury claim is separate from the driver’s criminal case. You may still be able to pursue compensation if the driver is not convicted, pleads to a lesser charge, or the criminal case is still pending.

2. Does the criminal case help my injury claim?

It can. Police reports, witness statements, toxicology evidence, and other records from the criminal investigation may help support your civil claim. However, your injury claim should still be evaluated independently because the purpose of the civil case is to pursue compensation for your losses.

3. Who pays for my injuries after a drunk driving accident?

The impaired driver’s auto insurance is often the first source of recovery. Depending on the facts, other insurance policies or legally responsible parties may also be involved, including an employer, vehicle owner, or another negligent driver.

4. Can I recover punitive damages after a drunk driving crash in Louisiana?

Louisiana law may allow exemplary damages in certain intoxicated driving cases when the required legal proof is met. These damages are not automatic, and whether they apply depends on the facts of the crash and the available evidence.

5. How long do I have to file a drunk driving accident claim in Louisiana?

For many injury claims arising on or after July 1, 2024, Louisiana provides a two-year prescriptive period from the day injury or damage is sustained. Claims involving crashes before that date may be subject to the former one-year deadline, so it is important to speak with an attorney as soon as possible.