Louisiana Drunk Driving Accident Victim Attorney — Fighting for Full Accountability
Victims of drunk drivers in Louisiana can recover compensation for what they have suffered and punitive damages as well. While the state prosecutes the criminal case, victims can file a civil lawsuit to receive the maximum financial recovery available under Louisiana law. This includes going after not only the driver, but also their insurance provider and potentially a bar that overserved them.
Louisiana’s legal system around DUI accidents is based on a simple principle: victims did nothing wrong, so they do not deserve to suffer. After all, it was the drunk driver who made the reckless decision to drive while intoxicated. Yet, victims like you are often the ones left suffering debilitating injuries or even the loss of a loved one. It is your legal right to hold those responsible accountable.
At Smiley Injury Law, our team understands exactly what you are going through. Seth Smiley, one of our founding attorneys, was involved in a severe car accident as a child. He knows firsthand the confusion and fear that victims go through. As a result, our Louisiana car accident attorneys work directly with clients to get the justice and compensation that they deserve.
For every case we take, we promise to our clients: You will make more than we will.
Get the justice you deserve. Call Smiley Injury Law at 504-822-2222 or message us online for a free drunk driving victim consultation.
What is the Difference Between a Criminal Case and a Civil Lawsuit?
After a DUI crash, victims are often left on their own to understand how the legal system works and what comes next. What happens is that the incident splits into two different legal cases: the criminal case and the civil case. Even though both cases arise from the same incident, they have two entirely different objectives.
For the criminal case, the local prosecutor will attempt to punish the driver for breaking Louisiana’s drunk driving laws. They will do this by seeking criminal punishments such as jail time or license suspension. However, the criminal court does not seek justice for you; its goal is to punish the drunk driver for breaking the law.
The Smiley Injury Law team steps in for the civil case. We are a DUI accident lawyer in New Orleans, and our primary goal is to hold the driver directly responsible for the medical bills and suffering that you have gone through. This means that they will be financially responsible for what they did, not you. Our team will seek and help you achieve the maximum financial compensation possible.
| Criminal Case | Civil Case (Your Lawsuit) | |
|---|---|---|
| Who Brings the Case? | The State of Louisiana | The Victim (You and your attorney) |
| Primary Goal | Punish the offender, protect the public | Secure financial compensation for the victim |
| Standard of Proof | Beyond a reasonable doubt | Preponderance of the evidence (more likely than not) |
| Potential Outcomes | Jail time, probation, suspended license | Financial damages paid to the victim |
If the Driver is Convicted, Does That Help My Civil Case?
Put simply, a criminal conviction makes your civil lawsuit substantially more likely to succeed. This is because the burden of proof required for a criminal conviction is extraordinarily high. Once the drunk driver is convicted in criminal court, we do not need to spend time in civil court proving that the accident actually happened and that the driver was reckless. This is because the criminal court has already established that it happened.
Unfortunately, waiting for a criminal conviction is not always the best strategy. While many drunk drivers plead guilty or are convicted in just a few weeks or months, more complex cases could take several years. If you wait too long, you may run afoul of Louisiana’s statute of limitations, which is two years for most personal injuries. If that happens, then you lose the right to hold the drunk driver accountable, no matter how compelling your case is or how badly you were injured.
Does Louisiana Law Protect Victims of Drunk Drivers?
Yes, Louisiana law protects victims by allowing them to sue for two types of damages: compensatory damages and punitive damages.
In a traditional car accident, victims are entitled to compensatory damages. These are designed to compensate you for actual losses, such as emergency room bills, physical therapy, lost wages, and pain and suffering.
However, drunk driver accident victim rights in Louisiana go a step further. Under Louisiana law, victims of intoxicated drivers have the right to pursue punitive damages (also known as exemplary damages).
What Are Punitive Damages?
While compensatory damages fix your financial losses, punitive damages are explicitly designed to punish the drunk driver and deter others from making the same reckless choice. To secure punitive damages, the Smiley Injury Law team must prove three things:
- The driver was voluntarily intoxicated (drugs or alcohol).
- The intoxication was a direct cause of the accident.
- The driver acted with “wanton or reckless disregard” for the safety of others.
Because punitive damages are added on top of your standard compensation, they can dramatically increase your total financial recovery. Insurance companies are terrified of punitive damage claims because the punitive damages can be multiple times larger than the compensatory damages. This is especially true in cases where you have lost a loved one. Drunk driving victim compensation Louisiana is maximized by excellent legal representation. Our Louisiana wrongful death attorneys will fight to receive the maximum punitive damages permitted under the law.
Can Bars and Restaurants Be Held Responsible in DUI Crashes?
Yes. Under Louisiana’s “dram shop” laws, you may be able to hold a bar, tavern, restaurant, or nightclub financially responsible for your injuries. If an establishment served alcohol to the driver when they were already visibly intoxicated, the business shares the blame.
The Smile Injury Law team looks for evidence that the bartender ignored clear signs of intoxication, such as:
- Slurred speech or stumbling.
- Aggressive or erratic behavior at the bar.
- Confusion
- Serving multiple high-proof drinks in a very short window of time.
Holding the bar accountable opens up access to their massive commercial liability insurance policies, ensuring there are sufficient funds to cover your long-term medical care.
What Evidence Matters Most in Louisiana DUI Accident Cases?
After a DUI accident, evidence disappears quickly. Skid marks wash away, bars overwrite their security footage, witnesses forget details, and totaled vehicles are scrapped. To build a strong case for both compensatory and punitive damages, we must act immediately to secure the following:
- Blood Alcohol Content (BAC) Records. We subpoena the breathalyzer results or hospital blood draw records to definitively prove intoxication levels.
- Police Reports and Bodycam Footage. The arresting officer’s notes regarding the driver’s smell, speech, and performance on field sobriety tests are critical. Bodycam footage provides a visceral, undeniable look at the driver’s state of mind.
- Bar Receipts and Credit Card Statements. We trace the driver’s financial footprint to find out exactly where they were drinking, what they ordered, and when they paid their tab.
- Surveillance Video. We investigate the area around the crash and the bar they left to secure security camera footage before it is deleted.
- Event Data Recorders (Black Boxes). We extract data from the drunk driver’s vehicle to prove they were speeding or were driving erratically moments before the impact.
What Should I Do After I am Struck by a Drunk Driver in Louisiana?
If you or a loved one has just been struck by an intoxicated motorist, the steps you take in the immediate aftermath will define the strength of your legal claim.
- Call 911 Immediately. You need police on the scene right away. Officers must conduct field sobriety tests and officially document the driver’s impairment. Do not let the driver talk you out of calling the authorities.
- Seek Immediate Medical Attention. Even if you feel fine due to the adrenaline, get checked out by paramedics or go to the ER. Internal injuries and traumatic brain injuries often have delayed symptoms.
- Document the Scene. If you are physically able, take photos of the vehicles, the license plates, and any visible open containers in the other driver’s car.
- Do Not Confront the Driver. Drunk individuals can be unpredictable and violent. Keep your distance and let law enforcement handle them.
- Avoid Discussing Anything With Insurance Adjusters. You must never speak to the insurer without an attorney. They will call you quickly, acting friendly, hoping to get you to accidentally say something that minimizes your claim.
Frequently Asked Questions (FAQs) about Louisiana DUI Accidents and Injuries
Can I sue the drunk driver who hit me even if criminal charges are pending?
Yes, absolutely. You do not have to wait for the criminal trial to conclude. In fact, initiating your civil lawsuit immediately allows our team to begin gathering vital evidence and securing your compensation as soon as possible.
What are punitive damages, and can I get them in Louisiana?
Yes, you can get them in Louisiana.
Punitive damages are financial penalties levied against the at-fault driver, meant to punish them for gross negligence and deter future drunk driving.
Under state law, DUI crashes are one of the rare exceptions where victims are legally entitled to demand punitive damages, which can significantly increase your final settlement or civil judgment.
Can I sue the bar or restaurant that served the drunk driver?
Yes, under specific circumstances. If our investigation reveals that a local bar, restaurant, or vendor served alcohol to a minor, or continued to serve a patron who was visibly and obviously intoxicated, we can pursue a dram shop liability claim against the establishment’s commercial insurance policy.
How does a DUI conviction help my civil case?
A criminal DUI conviction, or a guilty plea, serves as definitive proof that the driver broke the law and breached their duty of care. This prevents the driver’s insurance company from arguing that the crash was your fault, streamlining our ability to demand maximum compensation.
What if the drunk driver has no insurance?
Unfortunately, many people who drive drunk also drive without valid auto insurance. If this happens, we will look at your own Uninsured/Underinsured Motorist (UM/UIM) coverage. Furthermore, this is exactly why we thoroughly investigate dram shop liability. If the driver is uninsured, the bar that overserved them likely has an insurance policy that can cover your damages and more.
Stop the Insurance Games. Request a Private Case Evaluation Today.
The insurance company representing the drunk driver is not on your side. They view you as a financial liability, and they will deploy an army of corporate lawyers to minimize the compensation you receive. They will try to make you feel guilty and drag the case out for as long as possible.
At Smiley Injury Law, our primary concern is helping you recover from the accident. We do this by taking care of the insurance companies and pushy insurance adjusters so that you can focus on recovery. Our team does not hide behind legal jargon or treat our clients like case files. Attorney Seth Smiley and our legal team are your neighbors. We are the drunk driving victim attorney Louisiana that is fiercely protective of injury victims across.
Call our Louisiana team today at 504-822-2222 or send us a message online to schedule your private, free consultation.
Remember our guarantee: You will make more than we will.
"*" indicates required fields