Victim of a DUI Accident?

Every crash caused by a drunk driver was preventable. Someone chose to drink and then chose to drive — and you or someone you love paid the price. Louisiana consistently ranks among the worst states for impaired-driving deaths, and here in Acadiana we see the aftermath on the Evangeline Thruway, I-10, and rural highways every week.

At Brandt & Sherman, our Lafayette drunk driving accident lawyers hold impaired drivers — and, in some cases, the businesses that overserved them — fully accountable. Louisiana law treats drunk driving victims differently from other crash victims, and those differences can substantially increase your recovery. With 50+ years of combined experience, we know how to use every one of them.

Call (337) 800-4000 for a free, confidential consultation. You pay nothing unless we win.

Punitive Damages: The Law That Makes Drunk Driving Cases Different

In most Louisiana injury cases, you can only recover compensatory damages. Drunk driving cases are the major exception. Under Louisiana Civil Code article 2315.4, a jury may award exemplary (punitive) damages — money intended to punish the drunk driver — when:

1. The driver was intoxicated at the time of the crash,
2. The intoxication was a cause-in-fact of your injuries, and
3. The driver's conduct showed wanton or reckless disregard for the rights and safety of others.

Punitive damages come on top of full compensation for your medical bills, lost wages, and pain and suffering. Insurance companies know this exposure and treat proven drunk-driving cases very differently at the negotiating table — but only when the intoxication evidence is properly preserved and presented. That's our first priority in every case: BAC results, toxicology, bar receipts, bodycam footage, and witness accounts, secured before they disappear.

For more on how these claims work, read: How does Louisiana law handle drunk driving accident claims?

Can the Bar Be Liable? Louisiana's Dram Shop Law, Honestly Explained

You may have heard that bars can be sued when their patrons cause crashes. In Louisiana, the truth is narrower: La. R.S. 9:2800.1 generally shields bars, restaurants, and stores from liability for serving alcohol to adults — the law places responsibility on the drinker.

But there are real exceptions. A business that serves a minor can be held liable, and so can one that forces or dupes someone into drinking. Social hosts face similar rules. We investigate every drunk driving case for these angles because they can add a defendant — and an insurance policy — to your claim. Beware of firms that promise easy dram shop recoveries; an honest evaluation is worth more than false hope.

The Criminal Case Is Not Your Case

The State of Louisiana prosecutes the drunk driver (the legal limit is 0.08% BAC for adults, 0.02% for drivers under 21, and 0.04% for commercial drivers). That criminal case punishes the driver — it does not compensate you. Your civil claim is separate, has its own deadlines, and doesn't depend on a criminal conviction, although a conviction certainly helps.

Important: even a victim who was driving without insurance may escape Louisiana's "No Pay, No Play" recovery limits when the at-fault driver is cited for and convicted of DWI — one of several exceptions written into La. R.S. 32:866. If an adjuster told you your own lapsed policy kills your claim, get a second opinion from us.

What Should You Do After a Drunk Driving Crash?

1. Call 911 — the police report and any field sobriety/BAC evidence are the foundation of your claim.
2. Get medical care immediately and follow through with treatment.
3. Write down everything you observed — slurred speech, open containers, statements the driver made.
4. Preserve evidence fast. Bars' cameras record over footage within days; we send preservation letters immediately.
5. Talk to a lawyer before any insurer. Our full checklist: What to do after a car accident in Louisiana

Compensation for Drunk Driving Victims

• All medical treatment, current and future
• Lost wages and earning capacity
• Pain, suffering, and emotional distress
• Punitive damages under art. 2315.4
• Passengers injured in either vehicle have claims too — including against the driver of the car they were riding in
• Families of victims killed by impaired drivers can pursue wrongful death claims