DUI and DWI Cases We Handle
Impaired drivers and other negligent parties must be held to account for their misdeeds. We have more than 50 years of experience helping accident victims navigate the legal complexities of their cases to get the assistance they need to move forward.
Here are the types of DUI and DWI accident cases we handle:
Common Types of Injuries Caused by Drunk Driving Accidents
Drunk driving accidents often result in devastating injuries that go far beyond physical symptoms, disrupting victims' lives and leaving emotional and financial scars. Common examples of these injuries include:
- Whiplash and neck injuries: The sudden force of a crash can strain the victim’s neck and spine, leading to chronic pain and mobility issues.
- Back and spinal cord injuries: From herniated discs to paralysis, spinal injuries can severely impact your ability to work and live independently.
- Head injuries and concussions: Even mild head trauma can give rise to lingering headaches, dizziness, and memory issues.
- Traumatic brain injuries (TBI): Brain injuries can cause permanent cognitive impairments and personality changes, sometimes requiring lifelong care.
- Internal organ damage: The blunt force of a collision may result in damage to organs like the liver, lungs, or kidneys, necessitating emergency surgery.
- Facial injuries and disfigurement: Broken facial bones, lacerations, or burns can leave behind noticeable scars and deep-set emotional trauma.
- Joint injuries (knees, shoulders, hips, etc.): Fractures, dislocations, or torn ligaments often call for surgery and extended rehabilitation.
- Nerve damage: Injuries affecting nerves can cause chronic pain, numbness, or loss of function in affected areas.
- Broken bones: High-impact collisions often result in shattered bones, which can require complex surgeries and long recovery times.
- Psychological trauma: Beyond physical injuries, victims may experience mental effects like anxiety, depression, and PTSD after a severe accident.
At Rice & Kendig, we proudly represent clients who have suffered a wide range of injuries due to the negligence of impaired drivers.
Steps to Take After a DUI or DWI Accident in Shreveport, LA
The steps you take in the aftermath of a drunk driving accident can set the stage for all that follows, including a potential legal claim. Here’s what to do — and what not to do:
Seek Medical Attention Immediately
Even if you feel fine or believe your injuries are minor, it’s crucial to get evaluated by a medical professional as soon as possible. Some injuries may not present symptoms immediately, and your condition could worsen over time. Prompt medical care not only protects your health but also creates a record of your injuries, which can be central to your ensuing claim.
Call Law Enforcement
Report the accident to the police right away. The official accident report will document the driver’s intoxication, actions, and other key details, serving as vital evidence for your case. Provide officers with as much information as possible, but avoid admitting fault or making speculative statements about the crash.
Gather Evidence at the Scene
If you’re physically able, document the accident scene as best you can. Take photos or videos of the vehicle damage, your injuries, traffic signals, skid marks, and any visible signs of impairment, such as alcohol containers in the other driver’s vehicle. Also, collect the names and contact information of any witnesses at the scene. Their statements could strengthen your case.
Avoid Speaking to Insurance Companies
Insurance adjusters may contact you shortly after the accident, but their goal will likely be to minimize your claim or place partial blame on you. Avoid discussing details or accepting any settlement offers without first consulting a lawyer.
Your Shreveport drunk driving accident attorney can handle all communication with the insurance companies to protect your rights and make sure you don’t get shortchanged.
Contact Rice & Kendig
The sooner you reach out to our experienced DUI and DWI lawyers in Shreveport, the more robust a case we can develop for you. We’ll immediately set about investigating your accident, preserving key evidence, and identifying all liable parties.
Compensation Available in Drunk Driving Accidents
The aftermath of an intoxicated collision often involves significant physical, emotional, and financial setbacks. The skilled attorneys at Rice & Kendig are ready to fight aggressively to ensure that you receive fair compensation for everything you’ve endured.
We can pursue damages to help you deal with the following losses:
- Medical expenses: Payment for emergency care, surgeries, ongoing treatments, rehabilitation, and any future medical needs.
- Lost wages: Reimbursement for time missed from work and reduced earning capacity if your injuries prevent you from returning to your position.
- Pain and suffering: Addressing the physical and emotional toll the accident has taken on your quality of life.
- Property damage: Covering repairs or replacement of your vehicle and personal belongings destroyed in the crash.
- Wrongful death: Compensation for funeral expenses, loss of income, and the emotional suffering caused by a loved one’s passing.
Our goal is to fight for every dollar you need to make yourself whole again after such an unfortunate accident.
Understanding Louisiana DUI/DWI Laws and Penalties
As you begin your legal claim, it can help to have some basic knowledge of the state’s laws regarding intoxicated driving and the potential penalties for this offense:
Statute of Limitations for DUI/DWI Accident Claims
Victims of drunk driving accidents in Louisiana have a limited time to file a personal injury or wrongful death claim:
- For accidents occurring before July 1, 2024, victims have one year from the date of the accident or injury to file a claim.
- For accidents occurring after July 1, 2024, the statute of limitations extends to two years from the date of the accident or injury.
If you fail to file your claim before the applicable deadline, you could lose your right to seek legal remedies for your losses.
Legal Framework
Louisiana has strict laws in place to deter drunk driving and provide avenues for victims to seek justice. These laws not only penalize offenders but also establish a framework for victims to hold them accountable.
Implied Consent Law
Drivers on Louisiana roads are required to submit to chemical testing if suspected of impairment. A refusal can lead to various penalties, which may serve as evidence in your case.
Legal BAC Limits
A blood alcohol concentration (BAC) of 0.08% or higher constitutes legal intoxication under Louisiana R.S. 14:98. For commercial drivers, the limit is 0.04%, and for those under 21, any measurable alcohol level can lead to charges.
Zero Tolerance for Underage Drivers
In an effort to ensure safer roads for all motorists, Louisiana enforces strict penalties for underage drivers caught drinking and driving.
First Offense
- Up to six months in the parish jail
- Fines between $300 and $1,000
- Driver’s license suspension up to two years
- Compulsory participation in substance abuse programs
- Installation of ignition interlock device
Second Offense
- Mandatory 48 hours in jail
- Up to six months imprisonment
- Fines between $750 and $1,000
- Two-year license suspension
- Compulsory substance abuse evaluation
- 240 hours of community service
- Ignition interlock device for at least six months
- Possible vehicle seizure and sale
Third Offense and Beyond
- Mandatory 30 days in jail
- Felony charges
- Up to five years imprisonment
- Fines up to $2,000
- Permanent license suspension
Aggravating Factors That Increase DUI Penalties
Several aggravating factors can lead to more severe penalties in a DUI or DWI case in Louisiana. They include:
DUI Accidents Involving Injury or Death
Under Louisiana R.S. 14:32.1, a drunk driver who causes serious injury or death may face harsher penalties, including charges of vehicular manslaughter or homicide. Victims and their families can also pursue compensation for medical costs, lost income, and emotional damages.
Refusal to Take Chemical Tests
Refusing chemical tests as required by Louisiana’s implied consent law leads to automatic penalties like license suspension. In civil claims, refusal can also serve as evidence of negligence, strengthening the case for victims seeking justice.
Other possible aggravating factors in DUI/DWI cases include driving with a suspended, revoked, or restricted license, having a BAC of 0.15% or higher, and driving while inebriated with a minor in the vehicle.
The seasoned DUI lawyers at Rice & Kendig know how to leverage these factors to build strong claims, ensuring that victims receive just compensation and peace of mind after suffering losses in accidents they didn’t cause.
Struggling After Your Accident? We're Here to Help.
At Rice & Kendig, our Shreveport car accident lawyers have more than 40 years of experience helping clients receive the justice and compensation they deserve. Get your free case review now!
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