Drunk driving accidents in New Orleans are more than just another car wreck—they are preventable tragedies that shatter lives in a moment. The emotional and financial toll these crashes take on families is devastating: physical injuries, lost work, trauma, and the anger at knowing someone’s reckless choice caused unnecessary pain. At AWKO, Reagan Charleston Thomas stands with victims of NOLA drunk driving accidents, guiding them through the legal aftermath and fighting for every dollar of compensation the law allows.
This guide explains how to hold drunk drivers fully accountable in civil court, pursue damages that go beyond insurance policy limits, secure critical evidence from the DUI arrest, and get the justice injured New Orleanians deserve.
The True Toll of Drunk Driving Injuries in New Orleans
Every year, hundreds of people in the New Orleans area are hospitalized or killed by impaired drivers—whether on I-10, Claiborne Avenue, the Crescent City Connection, or side streets near the French Quarter. These accidents often result in:
- Catastrophic injuries (brain trauma, spinal cord injury, fractures, internal bleeding)
- Wrongful death, funeral costs, and devastating loss for families
- Immense emotional pain, PTSD, and lifelong fear
The victims of drunk drivers face not only physical and mental recovery but also intense frustration—their futures changed because someone chose to drink and drive in violation of Louisiana law.
The Emotional Impact: Beyond Medical Bills
Every injured client Reagan represents has a story of fear, lost confidence, anger, and the long road back. Many describe sleepless nights reliving the crash, years of therapy for anxiety or physical trauma, and a daily struggle with depression. For families, coping with a loved one’s disability or death means lost roles, lost income, and lost dreams.
That’s why Louisiana law allows damages not only for medical bills and lost wages, but also for pain, suffering, loss of enjoyment of life, and loss of companionship—all of which are critically important in drunk driving cases where the harm is both physical and deeply emotional.
Proving Fault: DUI Arrest and Civil Injury Claims
Drunk driving is both a crime and a clear breach of Louisiana’s civil law duty to drive safely. The standards are different, but evidence from the criminal DUI case can make a massive difference in the civil lawsuit for compensation.
How Criminal Evidence Strengthens Civil Cases
- The police report and DUI arrest records document intoxication, field sobriety tests, and the blood alcohol content (BAC).
- Officer dashcam, bodycam, and witness statements can show reckless or erratic driving patterns.
- The criminal conviction itself—while not absolutely necessary—can be powerful proof of the driver’s fault in a civil injury case.
Even if the driver isn’t convicted of DUI, evidence of impairment, open alcohol containers, or failed sobriety tests may still show negligence under Louisiana law.
How to Secure DUI-Related Evidence
- Immediately request and preserve the crash police report.
- Obtain the full criminal case file, including any video evidence and BAC test data.
- Your injury lawyer can subpoena evidence from the district attorney or NOPD as part of your civil case.
Getting Compensation Beyond the Driver’s Insurance
While every Louisiana driver must carry liability insurance, serious injuries from drunk driving crashes often exceed the at-fault driver’s coverage—especially in wrongful death or permanent disability cases.
Your Legal Options:
- Sue the Drunk Driver Directly
- Even after the policy limits are paid, the driver can be held personally responsible for unpaid damages, though actual recovery is sometimes limited by the person’s assets.
- Stack Multiple Insurance Policies
- Tap into your own uninsured/underinsured motorist (UM/UIM) coverage.
- UM coverage can pay for your bodily injury damages when the at-fault driver’s insurance is absent or insufficient.
- If you live with relatives, their policies might also cover you (“resident relative” UM stacking).
- Sue Other Responsible Parties
- In some cases, Louisiana law allows victims to file claims against bars/restaurants that served a “visibly intoxicated” patron (dram shop liability).
- If the drunk driver was operating a work vehicle, their employer might be liable.
- Defective road design, missing signage, or malfunctioning vehicle parts can also result in additional claims.
- Seek Punitive Damages
- Louisiana is one of the few states that allows punitive (“exemplary”) damages for DUI injury cases.
- To recover punitive damages, the victim must prove the driver’s drunk conduct was a substantial factor and that there was “wanton or reckless disregard” for public safety.
- This extra category of compensation is specifically designed to punish egregious behavior and send a message: drunk driving will not be tolerated.
Examples:
- A DUI crash leaves a mother paralyzed. Reagan secures the driver’s $100,000 insurance, then sues for $2 million in punitive damages, persuading the jury the crash was due to “intentional disregard for the safety of others.”
- A bartender serves alcohol to a visibly drunk man who causes a severe crash; Reagan sues the bar for violating state alcohol service laws.
Securing and Preserving Evidence from the DUI Arrest
To present the strongest case, your personal injury attorney will:
- Obtain and protect all law enforcement evidence (arrest logs, field tests, BAC test equipment records, and officer reports)
- Request surveillance videos (bars, roadside cameras, police body cams)
- Obtain 911 calls, witness statements, and forensic crash reconstruction reports
- Promptly seek medical records documenting victim injuries and impairment symptoms
Because DUI cases can result in criminal plea bargains, evidence may be sealed or lost if not requested quickly. Early legal intervention is crucial for maximizing recovery.
The Legal Process: Step-by-Step After a New Orleans Drunk Driving Crash
- Get Medical Care & Contact Police Immediately
- Protect health, formalize evidence, and start a record of injury.
- Hire an Injury Lawyer Experienced with DUI Cases
- Reagan will handle all communications, filings, and investigation.
- Preserve All Physical and Digital Evidence
- Secure medical and criminal records, video, and digital data.
- File Claims Against All Liable Parties
- Pursue full compensation from insurance, bars, employers, or other at-fault entities.
- Negotiate for the Maximum Recovery or Go to Trial
- Present the most compelling civil case, using criminal evidence to prove recklessness and damages.
FAQs: Drunk Driving Injury Lawsuits in NOLA
- Q: Do I have a case if the drunk driver wasn’t prosecuted?
- A: Yes, civil cases have a lower burden of proof. Police evidence, BAC, and witness statements are still powerful in court.
- Q: Can I recover for emotional trauma?
- A: Yes. Pain, suffering, PTSD, and loss of enjoyment are claimable damages.
- Q: Is there a deadline to file my lawsuit?
- A: Yes, generally two years from the date of the crash for injuries.
- Q: Will the bar or restaurant that overserved the drunk driver be liable?
- A: Possibly, if you can prove service to a visibly intoxicated patron—always consult a lawyer.
Free Drunk Driving Victim Consultation
If you or someone you love has been hit by a drunk driver in NOLA, lasting physical and emotional scars deserve real accountability—and maximum compensation. Reagan Charleston Thomas and AWKO offer relentless advocacy, compassionate support, and a detailed understanding of how to leverage every piece of DUI evidence for your case.
Contact Reagan Charleston Thomas at AWKO today for a FREE consultation. We’ll review your injuries, analyze DUI evidence, and fight for every dollar you are owed. Justice starts here—fill out the form below or call now.