Suing a drunk driver in Louisiana is about more than money. It is about holding a reckless driver accountable, protecting your future, and sending a clear message that impaired driving will not be tolerated on our roads. At AWKO, drunk driving victims work directly with a dedicated team that understands both the emotional trauma and the complex legal issues involved. This guide from AWKO is designed to help you understand what happens after a crash with a drunk driver, what your rights are, and how a drunk driver injury lawyer can fight for the full compensation you deserve.
Why Drunk Driving Cases Are Different
Drunk driving crashes are not “accidents” in the usual sense—they are the predictable result of a driver choosing to get behind the wheel while impaired. That choice often makes these cases more serious in the eyes of the law.
- There is usually strong evidence of dangerous conduct: BAC test results, field sobriety tests, police video, and criminal charges.
- Courts and juries tend to view drunk driving as reckless or even outrageous behavior, which can support higher awards.
- You may have the right not only to compensatory damages (for medical bills and losses) but, in some situations, to punitive or exemplary damages intended to punish and deter.
A drunk driver injury lawyer uses these differences to build a more powerful civil case than in a typical car crash.
Civil Case vs. Criminal Case
Many victims assume that if the driver is arrested and charged with DWI (driving while intoxicated), the criminal court will “take care of everything.” It does not.
- The criminal case is brought by the State of Louisiana. It focuses on punishment—jail, fines, probation, license suspension.
- The civil case is your lawsuit. It focuses on compensation—medical expenses, lost wages, pain and suffering, and long-term losses.
You can pursue a civil claim even if:
- The criminal case is still pending.
- The drunk driver is found not guilty.
- The driver takes a plea deal to a lesser offense.
The standards of proof in civil court are lower than in criminal court, and a drunk driver injury lawyer uses all available evidence from the criminal process to strengthen your civil claim.
Key Evidence in a Drunk Driving Injury Case
Strong evidence is the foundation of a successful lawsuit against a drunk driver. A focused injury team will move quickly to secure:
- Police reports and arrest records: These often include the officer’s observations, field sobriety test notes, and statements from the driver and witnesses.
- Blood Alcohol Content (BAC) results: Whether from breath, blood, or urine tests, BAC levels are powerful proof of impairment.
- Dashcam and bodycam video: These can show driving behavior, field tests, slurred speech, and other signs of intoxication.
- Surveillance or traffic camera footage: Bars, convenience stores, parking lots, and intersections may have video of the driver before or during the offense.
- Witness statements: Bystanders, passengers, bar staff, or other drivers may have seen the driver drinking or driving erratically.
- Crash scene evidence: Skid marks, impact points, vehicle damage, debris patterns, and event data recorders (the “black box”) from vehicles help reconstruct the crash.
A drunk driver injury lawyer coordinates accident reconstruction experts and medical professionals to connect this evidence directly to your injuries.
Your Damages: What You Can Recover
When a drunk driver causes serious harm, Louisiana law allows injury victims to seek compensation for a wide range of losses.
Economic Damages
These are tangible, financial losses you can document:
- Medical expenses: Emergency room visits, hospital stays, surgeries, imaging, medications, physical therapy, in-home care, and future medical needs.
- Lost wages: Income you missed while recovering, including overtime and tips.
- Loss of earning capacity: If your injuries limit your ability to work in the same job, same hours, or same career path.
- Property damage: Vehicle repairs or replacement and other personal property damaged in the crash.
- Out-of-pocket costs: Transportation to appointments, medical equipment, childcare during recovery, and other necessary expenditures.
Non-Economic Damages
These are real but less easily measured. A drunk driver injury lawyer will help you document:
- Pain and suffering: Physical pain, daily discomfort, and how pain interferes with sleep, hobbies, and family life.
- Emotional distress: Anxiety, depression, PTSD, nightmares, fear of driving, and other mental health effects.
- Loss of enjoyment of life: No longer being able to participate in sports, travel, or daily activities you loved before the crash.
- Loss of consortium and family impact: Strain on relationships, loss of companionship, and role changes within a family.
Punitive or Exemplary Damages
In some Louisiana drunk driving cases, particularly where the conduct is extreme, a court may allow punitive damages. These are not tied to your financial losses but are intended to punish the driver and deter similar behavior. A lawyer will evaluate whether your case qualifies and how to pursue this additional claim.
How Negligence and Recklessness Are Proven
To win a civil drunk driving case, your legal team must show:
- Duty of care: The driver had a basic legal obligation to drive safely and obey the law.
- Breach of duty: Choosing to drive drunk breached that duty.
- Causation: The driver’s intoxication and unsafe operation caused the crash and your injuries.
- Damages: You suffered actual harm—physical, financial, and emotional.
Evidence of intoxication—such as a high BAC, failed field sobriety tests, or an admission of drinking—helps prove breach of duty. Skid marks, crash reconstruction, and witness testimony help show causation. Medical records and employment records document damages.
Even if the drunk driver tries to argue that something else caused the crash (another vehicle, weather, or road conditions), a careful investigation can untangle what really happened and show that impairment played a significant role.
Comparative Fault: What If They Say You Were Partly to Blame?
Louisiana uses a comparative fault system. That means:
- If you are found partially at fault, your compensation can be reduced by your percentage of responsibility.
- For example, if you are awarded $200,000 but found 20% at fault, your net recovery could be $160,000.
In drunk driving cases, defense attorneys may try to blame the victim by claiming:
- You were speeding.
- You weren’t wearing a seatbelt.
- You made a sudden lane change or stop.
A drunk driver injury lawyer anticipates these arguments and collects evidence to counter them—traffic data, witness accounts, expert reconstructions—and keeps the focus where it belongs: on the driver who chose to drive impaired.
How a Drunk Driver Injury Lawyer Protects You from Insurance Tactics
The impaired driver’s insurance company is not your friend. Their goal is to close your case for as little as possible. Common tactics include:
- Fast, low settlement offers before the full extent of your injuries is known.
- Demands for recorded statements where they ask confusing or leading questions.
- Requests for broad medical records to dig up old injuries and claim your pain isn’t from this crash.
- Delays and denials intended to wear you down and make you desperate.
When you work with a drunk driver injury lawyer, all communication with insurers is handled for you. Your lawyer:
- Reviews your medical records and coordinates with your doctors before discussing your injuries with the insurer.
- Controls what information is released, protecting your privacy and case value.
- Negotiates hard for full compensation, using evidence from the criminal case and expert reports.
- Files a lawsuit and prepares for trial if the insurer refuses to pay fairly.
The Role of Medical Evidence and Specialists
Brain injuries, neck and back injuries, internal damage, and fractures are common in serious drunk driving crashes. Many victims underestimate their long-term needs. A thorough drunk driver injury lawyer will:
- Ensure you see appropriate specialists: orthopedists, neurologists, pain management doctors, and therapists.
- Encourage early and consistent follow-up—gaps in treatment can hurt your case.
- Work with medical experts to create future care plans describing surgeries, therapies, medications, and aids you are likely to need in the years ahead.
- Translate complex medical information into a clear, compelling presentation for negotiation or trial.
Your health always comes first, but documenting your medical journey is also crucial to your legal recovery.
How a Lawsuit Against a Drunk Driver Typically Proceeds
Every case is unique, but most follow a similar path:
- Initial investigation: Gathering police reports, medical records, photos, and witness statements.
- Demand and negotiation: Your lawyer presents a detailed demand to the insurance company, supported by evidence and expert opinions.
- Filing suit: If the insurer won’t offer a fair settlement, your lawyer files a lawsuit in civil court.
- Discovery: Both sides exchange evidence, take depositions, and may involve expert witnesses.
- Mediation or negotiation: Many cases settle at this stage when the insurer realizes your lawyer is fully prepared for trial.
- Trial (if necessary): Your lawyer presents your case to a judge or jury, explaining the drunk driver’s conduct and how the crash changed your life.
The fact that your lawyer is prepared to go to trial often leads to better settlement offers along the way.
Wrongful Death Claims After a Drunk Driving Crash
If a loved one is killed by a drunk driver, certain family members may file a wrongful death claim. This can provide compensation for:
- Funeral and burial expenses.
- Loss of the deceased’s income and support.
- Loss of love, companionship, and guidance.
- Medical expenses incurred before death.
These cases are deeply emotional and complex. A drunk driver injury lawyer balances compassion with firm advocacy, ensuring that your family’s story is heard and honored.
What You Should Do After a Drunk Driving Crash
If you are able, or with the help of others:
- Call 911 and report any suspicion of impairment.
- Request medical evaluation immediately, even if you feel “okay” at first.
- Get contact information for witnesses and take photos of vehicles and the scene.
- Ask for the police report number and note any mention of DUI testing.
- Do not speak directly with the at-fault driver’s insurer about fault or your injuries.
- Contact a drunk driver injury lawyer as soon as possible.
Prompt legal help preserves critical evidence while it is still fresh and protects you from missteps that could weaken your claim.
How AWKO and Reagan Charleston Thomas Help Drunk Driving Victims
A focused drunk driver injury lawyer at AWKO:
- Investigates aggressively, using every available source—police, witnesses, experts—to build the strongest possible case.
- Stays in close communication with you, explaining the process in plain language and answering your questions.
- Coordinates medical and expert support so your long-term needs are clearly documented.
- Stands between you and powerful insurance companies, handling calls, letters, and negotiations.
- Prepares your case for trial to ensure insurers take your claim seriously.
You are never just a file or a claim number. The firm’s role is to stand beside you as both advocate and guide.
Drunk Drivers in New Orleans
A drunk driver chose to put lives at risk. You should not have to fight alone to repair the damage.
Think you have a brain injury? We can connect you with specialists.
Injured by a drunk driver? AWKO can connect you with legal and medical support tailored to your case.
A broken bone is a serious injury. Make sure your settlement covers your full recovery.
A drunk driving crash is a serious injustice. Make sure your claim reflects every way your life has changed.
A drunk driver injury lawyer can be the difference between a rushed, inadequate settlement and a recovery that truly protects your future.
Contact AWKO today for a free consultation. Injured in a drunk driving crash in Louisiana? Reagan Charleston Thomas knows how to investigate, prove your case, and fight for full compensation.