By the Law Firm of Brandt & Sherman

When a drunk driving accident occurs, the focus is often on the driver's negligence. However, passengers, who are typically innocent bystanders in these situations, can also suffer severe injuries. Understanding your rights as a passenger is crucial for seeking justice and compensation for any damages incurred.

Key Takeaways

• Passengers injured in drunk driving accidents are almost never considered at fault.
• Passengers may pursue compensation from the drunk driver, another negligent driver, or available insurance coverage.
• Compensation may include medical expenses, lost income, and pain and suffering.
• Multiple insurance policies may apply, including uninsured or underinsured motorist coverage.
• An attorney can help identify all liable parties and maximize recovery.

Passengers often suffer serious injuries in drunk driving accidents, and many feel unsure about their rights afterward. Unlike drivers, passengers are almost never considered at fault for a crash. This means they generally have the right to pursue compensation from any responsible party.

This guide explains how Louisiana law treats passengers in drunk driving accidents, who may be liable, and what types of compensation may be available.

Are Passengers Allowed to File a Claim After a Drunk Driving Accident?

Yes. In Louisiana, passengers can pursue compensation if they were injured in a drunk driving accident. You may file a claim against:

• The drunk driver who caused the crash
• Another negligent driver involved in the collision
• Potential third parties (such as a bar or restaurant in limited circumstances)

Passengers also have the same right to pursue a personal injury claim as any injured driver. To read more about these types of claims, visit the firm’s Car Accidents page.

If alcohol was involved, you may want to review the firm’s Drunk Driving Accidents page for additional information.

What If You Were Riding With the Drunk Driver?

Passengers can still pursue compensation even if the drunk driver was the person transporting them.

You may file a claim against:

• The driver’s insurance company
• Your own auto insurance (if UM/UIM coverage applies)
• Another driver who contributed to the crash

The only exception would be extremely rare cases where a passenger knowingly encouraged the drunk driver to drive or engaged in conduct that contributed to the crash. Even then, passengers are rarely found at fault.

Common Passenger Injuries in Drunk Driving Crashes

Passengers often experience severe injuries due to lack of control over the collision. Common injuries include:

• Head, neck, and back injuries
• Broken bones
• Traumatic brain injuries
• Internal injuries
• Facial injuries from airbag deployment
• Severe bruising or lacerations

These injuries can require long-term medical care and may significantly impact daily life.

What Compensation Can Passengers Recover?

Passengers may be entitled to full compensation for all accident-related losses, including:

• Emergency medical treatment and hospital bills
• Ongoing therapy or rehabilitation
• Lost income (if injuries prevent work)
• Pain and suffering
• Emotional trauma
• Property damage (such as destroyed personal items)
• Long-term disability or impairment

If the accident resulted in a fatality, surviving family members may have rights under Louisiana’s wrongful death laws. To learn more, visit the firm’s Wrongful Death page.

In Louisiana, passengers injured by a drunk or drug-impaired driver may also be entitled to punitive damages. These damages are awarded in addition to compensation for medical bills, lost income, and pain and suffering, and are intended to punish especially reckless behavior and deter future drunk driving.

How Long Do Passengers Have to File a Claim in Louisiana?

For most personal injury claims in Louisiana, including those involving passengers injured in drunk driving accidents, the prescriptive period is two years from the date of the accident for incidents occurring on or after July 1, 2024. Claims involving older accidents may be subject to a different deadline, so it is important to speak with an attorney as soon as possible.

Who May Be Liable for a Passenger’s Injuries?

Liability in a drunk driving accident can extend beyond the intoxicated driver. Passengers may have claims against:

1. The Drunk Driver

This is the most common source of liability.

2. Another Negligent Driver

If another vehicle contributed to the crash, multiple insurance policies may apply.

3. Third Parties (Limited Situations)

Bars, restaurants, or event hosts are rarely liable in Louisiana, but certain exceptions exist—especially for accidents involving minors.

4. The Passenger’s Own UM/UIM Coverage

If the drunk driver is uninsured or underinsured, passengers may still recover through their own auto policy.

What Should Passengers Do After a Drunk Driving Accident?

1. Seek medical care immediately

Even injuries that seem minor can worsen over time.

2. Report the crash

Ensure that law enforcement documents the accident and impairment.

3. Gather evidence if possible

Photos, witness names, and medical records help strengthen your claim.

4. Avoid speaking with insurance companies alone

Insurers often try to shift blame or minimize payouts.

5. Contact an attorney early

A lawyer can help identify all liable parties and preserve evidence.

When to Contact Brandt & Sherman

Passengers often have strong injury claims after a drunk driving accident, but insurance companies sometimes try to reduce or deny compensation. A lawyer can help protect your rights, evaluate liability, and pursue the full amount you deserve.

Free Consultation With Brandt & Sherman Injury Lawyers

If you were injured as a passenger in a drunk driving accident in Louisiana, our team is ready to help you understand your options and fight for your recovery. Reach out through our contact page to schedule a free consultation.