Baton Rouge Drunk Driving Accident Lawyers

Representing Victims of DUI Accidents in LA

Drunk driving accidents are devastating and often fatal. When a person gets behind the wheel while intoxicated, they are putting everyone on the road at risk. When they cause an accident, they are putting everyone's life at risk. When a drunk driver causes an accident that results in serious personal injuries or death, they are committing a crime. In Louisiana, drunk drivers are held accountable for their actions when they cause accidents.

At Beall & Thies, LLC, we believe that the only way to truly combat drunk driving is to hold the people who commit these crimes accountable for their actions. Our Baton Rouge drunk driving accident lawyers are prepared to fight for justice on your behalf. We know how to effectively navigate the legal system and hold negligent drivers accountable for their actions. We have the resources and experience to ensure that you get the best possible outcome.

If you were injured in a drunk driving accident, our team is ready to help you. Call us today at (225) 577-6223 for a consultation.

Who Is Responsible for a Drunk Driving Accident?

The primary party typically held responsible is the intoxicated driver who caused the accident. In Louisiana, a drunk driver is responsible for a car accident that results in injuries or death if they were driving with a blood alcohol content (BAC) of 0.08% or higher. If they were driving with a BAC of 0.15% or higher, they are automatically considered to be criminally negligent. In these cases, the drunk driver is typically charged with vehicular homicide or vehicular manslaughter. Regardless of the charges, these individuals are almost always required to pay hefty fines and serve jail time.

There are other parties who may also be held liable:

• Vehicle Owner: If the intoxicated driver was operating a vehicle owned by someone else, the vehicle owner may be held liable under certain circumstances. Under Louisiana law, vehicle owners can be held responsible for the actions of permissive drivers, meaning those drivers to whom they have given permission to use their vehicle. This legal doctrine is known as "vicarious liability" or "owner's liability."

• Social Hosts: In some cases, individuals or establishments that serve alcohol to an already intoxicated person may also be held partially responsible. Louisiana has "dram shop" laws that allow injured parties to pursue claims against establishments or hosts that negligently served alcohol to someone who was clearly intoxicated, and that intoxication contributed to the accident.

• Employers: If the drunk driver was operating a vehicle within the scope of their employment at the time of the accident, their employer may also be held liable under the legal doctrine of "vicarious liability" or "employer's liability."

Louisiana's "Duty to Stop and Render Aid" Law

This states that all drivers have a duty to stop and render aid if they are involved in an accident. If another driver is injured in a car accident, you have a legal obligation to stop and offer assistance. If you fail to stop and render aid, you can be charged with a misdemeanor. If you are convicted, you can face up to 6 months in jail and a $1000 fine.

Proving Liability in a Drunk Driving Accident Case in Louisiana

In Louisiana, as in most jurisdictions, proving liability in a drunk driving accident case generally requires demonstrating the following elements:

1. Duty of Care: Establish that the defendant (the drunk driver) owed a duty of care to others on the road. In Louisiana, all motorists have a legal duty to operate their vehicles safely and avoid endangering others.

2. Breach of Duty: Show that the defendant breached their duty of care. In a drunk driving case, this typically involves demonstrating that the defendant was operating a vehicle while under the influence of alcohol or drugs, which impairs their ability to drive safely.

3. Causation: Establish a causal connection between the defendant's breach of duty and the accident. This requires demonstrating that the defendant's drunk driving was a substantial factor in causing the accident and resulting injuries.

4. Damages: Show that the plaintiff (the injured party) suffered actual damages as a result of the accident. This can include physical injuries, medical expenses, property damage, lost wages, pain and suffering, and other losses.

To prove liability, various forms of evidence can be utilized, such as:

• Police Reports: These documents often include crucial information about the accident, including any evidence of alcohol or drug impairment.
• Breath/Blood Test Results: Results from breathalyzer tests or blood tests conducted at the scene or at a hospital can provide objective evidence of the driver's intoxication level.
• Witness Testimony: Eyewitnesses who observed the defendant's behavior, such as slurred speech, erratic driving, or smelling of alcohol, can provide valuable testimony supporting the claim.
• Expert Testimony: Expert witnesses, such as accident reconstruction specialists or toxicologists, can offer professional opinions about the cause of the accident and the influence of alcohol or drugs on the defendant's ability to drive safely.
• Medical Records: Documentation of the plaintiff's injuries and medical treatment can help establish the extent of damages suffered.
• Surveillance footage or photographs: If available, video or photographic evidence can provide visual proof of the accident, the defendant's behavior, or the aftermath.

Statute of Limitations for Drunk Driving Accidents in Louisiana

In Louisiana, the statute of limitations for filing a personal injury lawsuit arising from a drunk driving accident is generally one year from the date of the accident. This means that the injured party has one year to initiate legal action against the responsible party.

It's crucial to be aware of and adhere to the statute of limitations, as failing to file a lawsuit within the specified time limit can result in the court dismissing the case, effectively barring the injured party from seeking compensation through a lawsuit.

Representation for DUI Accidents

Beall & Thies has Baton Rouge drunk driving accident attorneys who have spent over a combined 100 years fighting to get fair compensation for those that have been injured because of someone else’s negligence. If you’ve been injured, we want you to be the next person we fight for.

Call today at (225) 577-6223 or contact us online to set up a consultation with our Baton Rouge drunk driving accident lawyers.