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How Does Louisiana Law Handle Drunk Driving Accident Claims?

January 25, 2024

By the Law Firm of Brandt & Sherman

Being involved in a drunk driving accident can be a life-altering experience filled with physical, emotional, and financial turmoil. In Louisiana, where the vibrant culture often intersects with celebratory drinking, the prevalence of such accidents is a serious concern. Understanding how Louisiana law handles drunk driving accident claims is not just about seeking compensation; it's about finding justice and closure. In this article, we'll delve deep into the legal framework of Louisiana to decode the complexities surrounding these types of claims and how our team at Brandt & Sherman Injury Lawyers can provide the support and guidance you need.

The Legal Framework of Drunk Driving in Louisiana

Louisiana's approach to drunk driving is stringent, reflecting its commitment to public safety. When an individual decides to drive under the influence (DUI), they not only risk their own life but also pose a grave danger to others on the road. Under Louisiana law, a driver is considered impaired with a Blood Alcohol Concentration (BAC) of 0.08% or higher. However, for commercial drivers, the limit is set at 0.04%, and for drivers under the age of 21, any detectable amount of alcohol can lead to DUI charges.

In the unfortunate event of a drunk driving accident, the law comes down heavily on the impaired driver. The penalties for DUI in Louisiana vary based on several factors, including the driver's BAC level, previous offenses, and whether the DUI resulted in an accident or injuries. Beyond criminal penalties, DUI offenders in Louisiana face civil liability, particularly when their actions result in harm to others. This is where personal injury claims come into play, offering a path for victims to seek compensation.

Understanding Dram Shop Laws in Louisiana

One unique aspect of Louisiana law is its stance on Dram Shop Liability. This refers to the legal responsibility of alcohol vendors, such as bars and restaurants, in cases where they serve alcohol to visibly intoxicated individuals who then cause harm. Louisiana, unlike many other states, does not have explicit dram shop laws. However, this doesn't mean that an establishment can never be held liable. Under certain circumstances, such as serving alcohol to minors, liability can still be established. Understanding these nuances is crucial in building a comprehensive drunk driving accident claim.

Seeking Compensation in Drunk Driving Accidents

For victims of drunk driving accidents in Louisiana, the path to compensation can involve multiple avenues. Typically, damages claimed can include medical expenses, lost wages, property damage, pain and suffering, and sometimes punitive damages. These punitive damages are particularly noteworthy in DUI cases, as they are designed to punish particularly egregious behavior and deter similar misconduct in the future.

At Brandt & Sherman Injury Lawyers, we specialize in calculating the true extent of your damages, ensuring that no aspect of your suffering is overlooked. Our comprehensive approach means evaluating not just immediate losses, but also long-term implications such as ongoing medical treatment, rehabilitation costs, and the emotional impact of the accident.

Challenges with Insurance Companies

Dealing with insurance companies after a drunk driving accident can be particularly challenging. Insurers are often quick to minimize their payouts, presenting complex legal hurdles and bureaucratic red tape. Our experienced attorneys are well-versed in these tactics. We negotiate aggressively with insurance companies to ensure that your settlement is fair and just, reflecting the true extent of your damages.

It’s important to remember that insurance companies are businesses with a primary goal of profitability. As such, they may employ various strategies to devalue your claim. This could include questioning the severity of your injuries, disputing liability, or even attempting to shift some blame onto you. With our legal expertise, we counter these tactics, advocating fiercely for your rights and interests.

The Legal Journey

The legal journey following a drunk driving accident can be complex, involving both criminal and civil legal processes. Our team at Brandt & Sherman Injury Lawyers provides comprehensive support throughout this journey. From gathering and analyzing police reports, eyewitness accounts, and medical records, to representing you in court proceedings and settlement negotiations, we are with you every step of the way.

Moreover, we understand the emotional toll these accidents can take. Our approach is not just about legal representation; it's about offering compassionate, understanding support during a difficult time in your life. We believe in building a relationship of trust and open communication with our clients, ensuring that you feel heard and supported throughout the legal process.

If you've been affected by a drunk driving accident in Louisiana, know that you’re not alone. Our dedicated attorneys at Brandt & Sherman Injury Lawyers are committed to advocating for your rights and securing the compensation you deserve. For more information or to discuss your case, reach out to us today. Together, we can navigate the complexities of Louisiana law and strive for the best possible outcome in your drunk driving accident claim

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Lafayette, LA
111 Mercury St. Lafayette, LA 70503

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