No one ever expects that they’ll one day be involved in a car accident caused by a drunk driver, but in the state of Louisiana, these types of incidents are unfortunately an all-too-common occurrence. Drunk driving accidents can result in serious physical harm to other motorists, including but not limited to broken bones, head trauma, cuts and lacerations, spinal damage, back and neck damage, trauma to one or multiple internal organs, and death.
In the immediate aftermath of such a terrifying experience, you may not know how to proceed to receive compensation for the damage you and your loved ones have endured and suffered through. Fortunately, if you’ve been injured by the actions of intoxicated drivers, you may be entitled to recover punitive damages.
The Basics of Drunk Driving Laws
First, a little legal background on drunk driving cases: Across all 50 states in the United States, the limit for blood alcohol concentration in drivers is .08% for driving under the influence (DUI) or driving while impaired (DWI). Commercial drivers (e.g. commercial truckers and school bus drivers) need only to exceed a blood alcohol concentration of .04% to be charged with DUIs and DWIs. Of course, anyone below the legal drinking age with any BAC can be arrested on DUI and DWI charges.
Civil Suits Against Drunk Drivers
While state and federal law enforcement apply their own criminal penalties on intoxicated drivers, any persons injured because of a drunk driver have legal standing to file a civil suit as well. Civil suits are the best ways of recovering for losses and damages incurred by the drunk driver, and in some cases may be the only way for the victim to recover lost economic wages, property damage costs, and medical expenses. In some cases, the victim can also successfully sue for monetary compensation for “pain and suffering.”
In Louisiana, a person who has been injured in an auto accident can usually proceed by filing a claim with his or her own insurance company, filing a claim with the other driver’s insurance company, or filing a personal injury lawsuit.
Although alcohol consumption represents the most common cause of intoxication, the law also imposes punitive damages on those who are impaired from using illegal drugs or abusing prescription medications. When handling impaired driver cases, attorneys may therefore retain an expert (i.e. a toxicologist) to assess the positive test results of the impaired driver. Once the test results are submitted, this expert submits an opinion on the effect of the intoxicating substance on the driver’s ability to operate a vehicle safely. This helps attorneys build the strongest case possible to recover damages for you and your family.
If you or your family are seeking damages from an irresponsible drunk driver, consult the personal injury experts at the law offices of Anderson Blanda & Saltzman. A consultation is free, and we can file a claim that will get you the compensation you deserve.