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Drunk driving is a major problem in Louisiana. According to data from the U.S. Centers for Disease Control and Prevention (CDC), Louisiana’s rate of fatal drunk driving accidents is well above the national average. The CDC’s data also indicate that more than 1 in 50 surveyed adults in Louisiana admitted to getting behind the wheel after having too much to drink within the past 30 days.
As a result, if you have been seriously injured or lost a loved one in a drunk driving accident in Louisiana, you are not alone. Of course, this is of little comfort, and it does nothing to help you cope with your present circumstances. To move on, you will need to hold the drunk driver (and any other at-fault parties) accountable, and this starts with understanding your legal rights.
You first need to know that drunk driving is negligent driving. Drivers can be held liable when their negligence causes an accident, and there is no question that drunk driving is a form of failure. Drunk driving is hazardous , and there is no excuse for getting behind the wheel and putting innocent drivers and passengers in harm’s way.
Here are some more important facts about your legal rights after a serious or fatal drunk driving accident in Louisiana:
Since drunk driving is a form of negligence, you have the right to file a claim under the drunk driver’s auto insurance policy. Auto insurance covers all forms of negligence, and all drivers are required to carry auto insurance under Louisiana law. Specifically, the law requires that drivers have a minimum of:
While these are the minimum requirements, many drivers purchase additional coverage. As a result, when you hire a lawyer to represent you or your family, one of the first steps your lawyer will take will be to determine how much insurance coverage the drunk driver has available. If the drunk driver has adequate coverage, filing a claim with his or her insurer may be the only step you need to take to recover the financial compensation you and your family deserve.
If you have auto insurance (or if a member of your household has auto insurance), you may also be able to file a claim under your (or your family member’s) auto insurance policy.
In drunk driving accident cases, many victims and families will need to take advantage of their available uninsured/underinsured motorist (UIM) coverage . While this coverage is optional in Louisiana, many people buy it to protect themselves and their families. Uninsured/underinsured motorist coverage applies in two main drunk driving accident scenarios:
In addition to holding drunk drivers accountable for their mistakes, accident victims and families can sometimes file “third-party” claims. For example, if the drunk driver was underage, the establishment serving the driver before the accident may be liable. Or, if the drunk driver was working at the time of the crash, his or her employer could be responsible based on the law of vicarious liability.
Regardless of the claim (or claims), you can file, you only have a limited amount of time to assert your legal rights in Louisiana. In non-fatal drunk driving accident cases, the statute of limitations is one year from the accident date. In fatal drunk driving accident cases, the statute of limitations is generally one year from death.
Even if you still have a year to file your claim (or claims), it is best to assert your legal rights as soon as possible. Memories can fade, evidence can disappear, and unnecessary delays can lead to unnecessary challenges.
While many people think they have to wait for the drunk driver to be convicted of DUI, this is not true . Your (or your family’s) civil case is completely separate from the driver’s DUI case, and you can—and should—file a claim regardless of whether the state can prosecute the driver successfully. The burden of proof in criminal cases is higher than in civil cases, so even if the driver isn’t found criminally culpable, he or she could still be civilly liable for the crash.
Suppose you need to know more about your legal rights after a serious or fatal drunk driving accident in Louisiana. In that case, we invite you to contact us for a free, no-obligation consultation. To speak with Alexandria, LA, drunk driving accident lawyer Chris J. Roy confidently, call 318-487-9537 or get in touch online today.
I would like to sincerely express my heartfelt appreciation to **Mr. Chris Roy** for representing me and my family members. Your time, dedication, professionalism, and commitment to ensuring that our interests were properly represented are truly appreciated. Thank you for standing with us, advocating on our behalf, and providing your support throughout the process. Your efforts have not gone unnoticed, and my family and I are genuinely grateful for everything you have done. With sincere appreciation and gratitude, **LaShondra Laneaux & Family**
Thanks, Ms. Donna, for doing your best to help David Hardy with what he needed.
I highly recommend Mr. Chris Roy & his staff. They made sure I was accommodated after I was involved in a motor vehicle accident early this year. I was impressed by how they handled everything, including police reports, ambulance transport, etc., and all parties involved. Thank you!
Chris really came through for our family during our legal issues. He and his assistant worked diligently to get this handled and settled as quickly as possible with the least amount of burden to us as possible. I would definitely use him again should the need arise and highly recommend him for any legal work. Thank you, Chris and Margaret, for all your help and for keeping the communication lines open throughout the process.
I was really hesitant to make the call as I had never experience what I was going through. Chris and Ms. Margaret were so patient, pleasant and very empathetic to my needs and situation. I would recommend Chris to anyone needing an Attorney! Not once did they make me feel as if I was a client and that within itself was the best feeling ever! Thanks again!!!
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