By the Law Firm of Brandt & Sherman

Key Takeaways

• Louisiana is a fault-based state, meaning the at-fault driver is responsible for damages.
• Driving under the influence is considered strong evidence of negligence.
• Victims may pursue compensation even if criminal charges are still pending.
• Insurance companies often try to reduce or delay DUI accident claims.
• Legal representation can help protect victims’ rights and pursue full compensation.

Drunk driving accidents are some of the most devastating crashes on Louisiana roads. When alcohol is involved, injuries are often more severe, and victims are left with overwhelming medical bills, lost income, and long-term physical or emotional trauma. Louisiana takes these cases seriously, and the law provides strong protections for victims.

This guide explains how Louisiana handles drunk driving accident claims, how fault is determined, and what victims can do to pursue compensation.

How Does Louisiana Determine Fault in Drunk Driving Accidents?

Louisiana is a fault-based state, meaning the person who causes the accident is financially responsible for the resulting damages. When a driver is impaired, fault is typically easier to establish because driving under the influence violates Louisiana law and is considered negligence.

Evidence that may be used to prove fault includes:

• Police reports
• Field sobriety tests
• Breathalyzer or blood test results
• Witness statements
• Surveillance or dashcam video
• Accident reconstruction

For more information about general car accident claims in Louisiana, visit the firm’s Car Accidents page.

To learn more specifically about impaired driving cases, review the firm’s Drunk Driving Accidents page.

Who Can Be Held Liable in a Drunk Driving Accident?

While the impaired driver is usually at fault, Louisiana law allows victims to pursue compensation from multiple parties when applicable.

1. The Drunk Driver

This is the primary liable party. Their insurance typically pays first.

2. Another Negligent Driver

If another motorist contributed to the crash, responsibility may be shared.

3. Businesses That Served Alcohol (Rare Cases)

Louisiana’s "dram shop" laws are limited, but a business may be liable if it knowingly served alcohol to a minor.

4. Victim’s Own Insurance (UM/UIM Coverage)

If the drunk driver is uninsured or underinsured, victims may file a claim under their own policy.

What Damages Can Victims Recover?

Victims of drunk driving accidents may recover compensation for:

• Emergency treatment and hospital bills
• Follow-up care, physical therapy, or surgery
• Lost income and loss of future earning ability
• Pain and suffering
• Emotional distress
• Property damage
• Long-term disability or impairment

In Louisiana, victims 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 conduct and deter future drunk driving.

If the crash resulted in a fatality, surviving family members may have rights under Louisiana’s wrongful death laws. More information is available on the firm’s Wrongful Death page.

How Criminal Charges Affect a Civil Claim

Drunk driving accidents involve both criminal and civil consequences:

• Criminal charges (DWI, vehicular injury, vehicular homicide) punish the impaired driver
• Civil claims allow victims to pursue compensation for their injuries

These two processes are separate, and victims do not have to wait for a criminal conviction to begin a civil case. In fact, starting early can help preserve evidence and strengthen the overall claim.

How Long Do Victims Have to File a Drunk Driving Accident Claim in Louisiana?

For most personal injury claims in Louisiana, including drunk driving accident cases, 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.

How Insurance Companies Handle DUI Accident Claims

Even when fault seems obvious, insurance companies may still:

• Dispute the extent of your injuries
• Claim some injuries were pre-existing
• Offer low settlements
• Delay communication
• Deny responsibility altogether

Insurance adjusters often move quickly after a drunk driving accident, hoping victims will settle before understanding the full value of their claim. Speaking with an attorney early can help prevent underpayment.

What Should Victims Do After a Drunk Driving Accident?

1. Call 911 immediately

Ensure law enforcement documents impairment.

2. Seek medical attention

Your health and your claim depend on timely treatment.

3. Gather evidence if possible

Photos, videos, witness names, and medical records all help.

4. Avoid giving detailed statements to insurance company representatives

Anything you say may be used to reduce compensation.

5. Contact a Louisiana drunk driving accident attorney

An attorney can handle communication with insurers, preserve evidence, and pursue full compensation.

When to Contact Brandt & Sherman

Drunk driving accidents often result in serious injuries, and victims should not face the legal process alone. An attorney can identify liable parties, gather critical evidence, and push back against low settlement offers.

Free Consultation With Brandt & Sherman Injury Lawyers

If you were injured in a drunk driving accident, our team is ready to help you understand your rights and pursue the compensation you deserve. Reach out through our contact page to schedule a free consultation.