Shreveport Drunk Driving Accident Lawyer
Drinking and driving in Louisiana can result in both criminal and civil legal consequences. This is because drunk drivers can cause severe injury and even death to other sober drivers on the road. In fact, approximately 42% of traffic fatalities in Louisiana were alcohol-related in 2021, and 6.5% of all injury crashes involved alcohol according to drunk driving statistics from the Louisiana Highway Safety Commission. When these crashes occur, drunk driving accident victims have grounds to file personal injury lawsuits to recover damages for their medical bills, lost wages, pain and suffering, and more. At Rice & Kendig, our legal team is passionate about fighting for the rights and justice of those injured by drunk drivers. If you are recovering from a car accident caused by a drunk driver, don’t hesitate to call a Shreveport drunk driving accident lawyer at 318-222-2772 today.
Louisiana DUI Laws
Louisiana has strict laws in place to deter individuals from driving under the influence of alcohol. Understanding these laws is crucial for anyone involved in a drunk driving accident, whether you are the victim seeking compensation or the driver facing charges.
According to Louisiana law (RS14:98), a driver is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the blood alcohol content limit is 0.04%, and for drivers under the age of 21, the limit is 0.02%. These thresholds are enforced through breathalyzer testing and legal processes to ensure public safety.
Penalties for Drunk Driving in Louisiana
The penalties for drunk driving in Louisiana vary based on the number of offenses and the severity of the incident. Here’s a breakdown of the consequences for first, second, and third offenses:
First Offense
A first offense DUI in Louisiana is considered a misdemeanor. Penalties may include:
- A fine of up to $1,000;
- Jail time ranging from 10 days to 6 months (community service may serve as an alternative to jail time);
- License suspension for up to 90 days;
- Mandatory participation in a substance abuse program;
- And possible installation of an ignition interlock device.
Second Offense
A second offense within ten years of the first is also a misdemeanor but carries harsher penalties:
- A fine of up to $1,000;
- Jail time ranging from 30 days to 6 months (48 hours of jail time is mandatory);
- 240 hours of community service as an alternative to 15 days of jail time;
- License suspension for up to 1 year;
- Mandatory participation in a substance abuse program and a driver improvement program;
- And mandatory installation of an ignition interlock device for at least six months.
Third Offense
A third DUI offense in the span of 10 years is classified as a felony in Louisiana. Penalties may include:
- A fine of up to $2,000;
- Jail time ranging from 1 to 5 years, with or without hard labor;
- License suspension for up to 2 years;
- Mandatory participation in a substance abuse program;
- Vehicle impoundment and/or sale;
- And mandatory installation of an ignition interlock device for at least three years.
Why Drinking and Driving is So Dangerous
Drinking and driving pose significant risks due to the profound impact alcohol has on various motor and cognitive functions. Here are the key reasons why it’s extremely dangerous and can lead to severe injuries and even fatal car accidents:
Poor Motor Control
Alcohol impairs muscle coordination and fine motor skills, making it difficult for drivers to steer, brake, and accelerate properly. This lack of control can lead to severe accidents, especially in situations that require quick and precise maneuvers.
Slower Reaction Times
One of the most dangerous effects of alcohol is its impact on reaction time. Drunk drivers take longer to respond to sudden changes on the road, such as a pedestrian crossing or another vehicle stopping abruptly. This delayed response can result in catastrophic accidents.
Impaired Judgment
Alcohol affects the brain’s frontal lobe, which is responsible for decision-making and judgment. Drunk drivers are more likely to make reckless decisions, such as speeding, running red lights, or taking dangerous turns, increasing the risk of accidents.
Poor Concentration
Driving requires constant attention and focus. Alcohol impairs the ability to concentrate on the road, traffic signals, and other vehicles. This distraction can lead to missed signals and critical errors while driving.
Impaired Vision
Alcohol consumption can cause blurred vision and a decrease in peripheral vision. Drunk drivers may not see pedestrians, cyclists, or other vehicles clearly, leading to accidents that could have been avoided with unimpaired vision.
Decreased Alertness
Drunk drivers are often less alert and more likely to fall asleep at the wheel. This reduced alertness is especially dangerous during long drives or late-night journeys, significantly increasing the likelihood of a crash.
Common Drunk Driving Accident Injuries
Drunk driving accidents often result in severe and life-altering injuries due to the impaired state of the driver and the violent nature of these collisions. Some of the most common injuries in most DUI accident claims include:
- Traumatic brain injuries (TBI): These can lead to long-term cognitive and physical impairments that drastically alter a victim’s quality of life. If you have suffered a head injury in your DUI accident case, don’t hesitate to reach out to the Shreveport traumatic brain injury lawyers at our law firm.
- Spinal cord injuries can result in partial or complete paralysis, necessitating extensive medical care and rehabilitation. Our Shreveport spine injury lawyers will make sure that all injured clients recover maximum compensation from their personal injury claim.
- Broken bones and fractures often require multiple surgeries and lengthy recovery periods, impacting a victim’s mobility and daily activities.
- Internal injuries and organ damage pose immediate life-threatening risks and long-term health complications, often requiring emergency medical intervention.
- Whiplash and other neck injuries commonly cause chronic pain and mobility issues, requiring ongoing treatment and physical therapy.
- Cuts, bruises, and lacerations: While sometimes appearing minor, these can lead to significant scarring and psychological trauma.
- Emotional and psychological effects: Anxiety, depression, and post-traumatic stress disorder (PTSD) often accompany physical injuries, complicating the recovery process.
These injuries necessitate extensive medical treatment, ongoing care, and can lead to permanent disabilities, underscoring the severe consequences of intoxicated driving accidents.
Can You Sue a Drunk Driver for Causing an Accident?
Yes, if a drunk driver caused you or a loved one to suffer catastrophic injuries or wrongful death, you have grounds to file a personal injury or wrongful death lawsuit in Louisiana.
A personal injury claim can address various aspects of your suffering and losses, including medical expenses, lost wages, pain and suffering, and other related costs. Meanwhile, a wrongful death claim can help you recover compensation for all losses on behalf of your deceased loved one.
Proving Liability in a DUI Accident
This process typically involves proving that the drunk driver was negligent and that their intoxication directly caused the accident and your injuries. If you’re wondering exactly how to prove liability in a DWI wreck, a Shreveport car accident lawyer at Rice & Kendig can definitely help. Generally though, proving liability in DUI crashes involves gathering evidence such as police reports, witness testimonies, medical records, and sometimes expert analysis.
In addition to pursuing criminal charges against the drunk driver, which are handled by the state, a civil claim allows you to seek compensation directly from the responsible party or their insurance company. The goal is to hold impaired drivers accountable for their reckless behavior and to ensure that drunk driving accident victims receive the financial support necessary to cover your recovery and any long-term impacts of the accident.
At Rice & Kendig, our experienced Shreveport auto accident attorneys are experts on drunk driving crashes and comparative fault, and we’re committed to guiding you through this complex legal process so that you can secure the justice and compensation you deserve. If you or a loved one has been harmed by a drunk driver, it is crucial to seek legal assistance immediately to protect your rights and begin building a strong case.
Damages for Drunk Driving Accidents
There are two main types of damages in drunk driving cases that injured victims can seek: economic and non-economic.
Economic Damages
Economic damages are quantifiable and include:
- Medical expenses: Costs for hospital stays, surgeries, medication, rehabilitation, and any future medical needs.
- Lost wages: Compensation for income lost due to the inability to work while recovering.
- Property damage: Costs to repair or replace the motor vehicle and any other damaged property.
- Future earning capacity: Compensation for any reduction in the ability to earn income in the future due to injuries sustained in the accident.
Non-Economic Damages
Non-economic damages are more subjective and include:
- Pain and suffering: Compensation for physical pain and emotional distress caused by the accident.
- Loss of consortium: Compensation for the impact of the injuries on the victim’s relationship with their spouse.
- Loss of enjoyment of life: Compensation for the inability to enjoy activities and hobbies as before the accident.
- Emotional distress: Compensation for psychological effects, such as anxiety, depression, and PTSD, resulting from the accident.
What is the Average Settlement for a Drunk Driving Accident Claim?
The average settlement for a drunk driving accident claim can vary significantly based on numerous factors unique to each case. Some of the most critical factors in drunk driving crashes that can affect an accident victim’s settlement amount include the severity of injuries, whether or not the accident victim suffered permanent disability, the extent of medical treatment, and when the accident victim can return to work.
Given these variables, the average settlement for car accident back and neck injury or any other type of injury from a DUI crash can range from tens of thousands to millions of dollars. Each personal injury case is unique, and the final amount is determined by thoroughly assessing all these factors. At Rice & Kendig, each Shreveport personal injury lawyer is skilled in evaluating the full extent of damages in drunk driving accident cases to ensure you receive a fair and comprehensive settlement. We work diligently to maximize your compensation, considering every aspect of your injury and recovery to secure the financial support you need. If you or a loved one has been injured in a drunk driving car crash, contact a Shreveport personal injury attorney to discuss your case and learn more about your potential settlement.
How a Shreveport Drunk Driving Accident Attorney Can Help You
At Rice & Kendig, our dedicated team of Shreveport drunk driving accident attorneys is committed to providing comprehensive legal assistance to victims of drunk driving accidents. Navigating the legal landscape after a crash can be overwhelming, particularly when dealing with severe injuries and emotional trauma. Our Shreveport DUI accident victim attorneys bring a wealth of experience and a compassionate approach to ensure that you receive the support and justice you deserve. From the initial consultation to the final resolution of your case, we are here to guide injured victims through every step after their DUI crash, offering expert advice and advocacy.
Investigating the Crash and Gathering Evidence
A thorough investigation is the cornerstone of a successful drunk driving accident case. At Rice & Kendig, a Shreveport personal injury lawyer will meticulously investigate the circumstances surrounding your motor vehicle accident. We gather critical evidence, such as reports from responding police officers, which provide an official account of the incident and often include crucial details about the driver’s BAC. Witness statements, medical records, and video footage from traffic cameras or nearby businesses are other vital pieces of evidence that our Shreveport DUI accident attorneys will obtain.
Our team also consults with experts, such as accident reconstruction specialists and medical professionals, to build a comprehensive case. This thorough investigation process ensures that no detail is overlooked and that we have the strongest possible evidence to support your claim.
Proving the Elements of Negligence
To secure compensation in a drunk driving accident case, it is crucial to prove that the other driver was negligent. Proving negligence in personal injury cases involves demonstrating four key elements:
- Duty of Care: A Shreveport drunk driving accident lawyer will first establish that the at fault driver owed you a duty of care, which is a given as all drivers are expected to operate their vehicles safely and responsibly.
- Breached Duty of Care: Next, a DUI accident lawyer must show that the driver breached this duty by driving under the influence of alcohol. This is typically supported by evidence such as breathalyzer results, field sobriety test outcomes, and the driver’s behavior at the scene.
- Causation: The third element, causation, involves proving that the driver’s breach of duty directly caused the accident and your resulting injuries. This can be substantiated through accident reconstruction and medical expert testimony.
- Damages: Finally, a DUI accident attorney must demonstrate the extent of your damages caused by the intoxicated driver, including medical expenses, lost wages, and pain and suffering.
Our Shreveport car accident attorneys are adept at collecting and presenting this evidence in a compelling manner, ensuring that each element of negligence is clearly established.
Negotiating a Fair Settlement
Negotiating a fair settlement in a personal injury lawsuit requires skill, experience, and a thorough understanding of the legal and insurance landscapes. The DUI accident lawyers at Rice & Kendig are experienced negotiators who are well-versed in dealing with a drunk driver’s insurance company and their tactics to minimize payouts. Our goal is to achieve a settlement that fully compensates personal injury victims for their suffering.
If the insurance company refuses to offer a fair settlement, we are fully prepared to take your case to civil court. Our team of personal injury attorneys also have extensive trial experience and are ready to advocate vigorously on your behalf in front of a judge and jury. We are committed to pursuing the best possible outcome for you, whether through insurance company settlement negotiations or litigation, ensuring that you receive the compensation you deserve for your car wreck injuries and losses.
Call Shreveport Drunk Driving Accident Lawyers at Rice & Kendig Today
If you or a loved one has been injured in a drunk driving accident, it is crucial to seek immediate legal assistance to protect your rights and secure the compensation you deserve. Rice & Kendig is among the best law firms in the Shreveport-Bossier area with a team of compassionate, experienced drunk driving accident lawyers who are committed to providing you with expert legal representation during this impossible time. We understand the devastating impact DUI accidents can have on your life, and we are here to help you navigate the complexities of the legal process. From investigating the accident and gathering evidence to negotiating a fair settlement or taking your case to court, we will fight tirelessly to achieve the best possible outcome for you.
Don’t wait to take action—call 318-222-2772 to schedule a free consultation with Shreveport personal injury attorneys at Rice & Kendig today.
