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Personal Injury Claims for Drunk Driving Accidents in New Orleans

Personal Injury Claim In Drunk Driving Accidents

New Orleans is a vibrant city known for its culture, music, food, and celebrations. Beyond its vibrant streets, the impact of drunk driving is profound. In 2021, Louisiana saw over 40% of motor vehicle crashes being alcohol-related, a statistic that highlights the serious consequences of such incidents in this otherwise joyous city.

The Law Offices of Chip Forstall explains the complex process of drunk driving accident claims so you know how to advocate for justice and receive the support you rightfully deserve.

Understanding Drunk Driving Laws in New Orleans

New Orleans has a lively, carefree atmosphere, but that doesn’t mean it’s a free-for-all when it comes to drinking and driving. Louisiana, like many states, maintains stringent laws to address and deter drunk driving (DUI) incidents. Here are a few key points to know:

  • Blood Alcohol Concentration (BAC) Limit: In Louisiana, the legal limit for BAC is 0.08%. Driving with a BAC above 0.08% could result in a DUI offense.
  • Implied Consent: Drivers on Louisiana roadways are deemed to have consented to chemical testing to determine their BAC. Refusing to comply with the test can result in having your license suspended
  • Zero Tolerance Laws: Drivers under 21 must not have any detectable amount of alcohol in their system.
  • Enhanced Penalties: Louisiana imposes harsher penalties for drivers with BAC levels significantly above the legal limit, leading to more severe consequences.
  • Sobriety Checkpoints: New Orleans conducts sobriety checkpoints to catch drivers under the influence and enhance safety on the roadway.

Injuries Resulting from Drunk Driving Accidents

The aftermath of a drunk driving accident extends beyond legal considerations, taking a significant physical and emotional toll on everyone involved. In New Orleans, where the city’s vibrant energy meets the harsh reality of these preventable tragedies, understanding the common injuries resulting from such accidents is essential.

  • Traumatic Brain Injuries (TBIs): High-impact collisions can lead to TBIs, affecting cognitive functions and requiring extensive medical care.
  • Spinal Cord Injuries: The force of a drunk driving accident may cause spinal cord injuries, resulting in long-term or permanent damage. Paralysis or impaired mobility often accompanies these injuries.
    Bone Fractures and Musculoskeletal Injuries: Collisions can cause broken bones, fractures, dislocations, and other injuries. These can sometimes require surgeries and ongoing rehabilitation.
  • Internal Injuries: Internal organs may sustain injuries, typically requiring immediate medical attention and ongoing care.
  • Emotional Trauma: Beyond just the physical injuries, emotional trauma after a drunk driving accident can be severe. Emotional pain and suffering can last a long time, impacting mental health and well-being.

Spine Injury From a Drunk Driving Accident

Establishing Liability: Negligence in Drunk Driving Cases

After a drunk driving accident, the question of liability is a central issue when seeking justice and compensation. Understanding the role of negligence will help you navigate the legal issues associated with your claim and hold the responsible parties accountable.

To prove that another driver was negligent and liable for your injuries, you must show that the driver breached their required duty of care, directly causing the accident and injuries. This is typically not too hard to prove in drunk driving claims so long as there is evidence that the other driver was under the influence at the time of the crash.

Next, victims must show evidence of the damages they suffered due to the accident. Putting a value on injuries can be challenging, so it’s important to show all losses – medical bills, lost wages due to missing work, physical and emotional pain and suffering, and property damage.

While a criminal conviction for a DUI doesn’t automatically result in civil liability, it can significantly bolster a personal injury claim by establishing negligence. Having an attorney represent your interests is the best way to ensure the court hears your side of the story.

Filing a Personal Injury Claim After the Accident

If you’re involved in a drunk driving accident, your first thoughts are probably about your safety and well-being. Still, you must also consider your future interests, which means seeking compensation for the accident’s physical, emotional, and financial toll.

Here are the steps you need to take to file a personal injury claim in New Orleans to hold the responsible parties accountable and get the compensation you need for recovery.

  1. Seek Medical Attention: Seeking medical care right away ensures your well-being and creates a record of your injuries that can strengthen your personal injury claim. Always get treatment even if your injuries seem minor because sometimes the full extent of injuries isn’t always apparent.
  1. Preserve Evidence: Document the scene by collecting witness statements, taking photos, and preserving surveillance footage.
  1. Contact Law Enforcement: Report the accident to law enforcement immediately to document the incident.
  1. Consult with an Attorney: Get in touch with an experienced personal injury attorney as soon as possible. They will assess the case, provide legal guidance, and advocate on your behalf.
  1. File the Claim: Your attorney will prepare and file the personal injury claim against the at-fault party. This will start the legal process toward seeking compensation for your damages.
  1. Negotiation and Settlement: Your attorney will negotiate on your behalf to reach a fair and just settlement. This may take some time and involve some back-and-forths to ensure you’re adequately compensated.
  1. Litigation if Necessary: If a fair settlement isn’t reached, your attorney will go forward with litigation, taking the case to court to fight for justice on your behalf.

Filing a Personal Injury Claim After and Accident

Choose an Experienced Car Accident Attorney to Safeguard Your Rights and Pursue Justice

Following a drunk driving accident, the pursuit of justice and fair compensation is critical. Consulting with a skilled personal injury attorney isn’t just recommended; it’s essential. Your attorney will be your biggest advocate, ensuring that your physical and emotional damages are fairly compensated.

If you’ve experienced a drunk driving accident in New Orleans, take the crucial step of securing your rights and future—contact the Law Offices of Chip Forstall for compassionate support and unwavering advocacy.

Call us at 504-483-3400 for a free consultation or by using our online contact form. The road to recovery can be a long one, but you don’t have to go it alone.

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The Chip Forstall law offices advocate for the rights of wrongful death survivors, injured pedestrians, drivers, cyclists and more. Call us today for a free consultation.

PHONE   |    504-483-3400
FAX   |   504-483-3447

320 North Carrollton Ave, Suite 200

New Orleans, LA 70119

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