Who Can Be Held Liable for Drunk Driving Accident in Louisiana?

Driving while impaired by drugs or alcohol is illegal and incredibly dangerous. Intoxicated drivers have slower reaction speeds and a limited ability to make judgment calls, increasing the likelihood of causing an accident and hurting other people on the road. If you are hurt by a drunk driver, you may be wondering: who can be held liable for a drunk driving accident in Louisiana? While some cases may have a clear answer, others can be more challenging to figure out.

Drunk driving is an unfortunately common cause of accidents, injuries, and death. The state saw 699 fatal crashes in 2024. One hundred ninety-two of these crashes were alcohol-related crashes, meaning that 27.47% of all fatal crashes in the state were alcohol-related, a much higher percentage than alcohol-related injury or property damage crashes. In these fatal alcohol crashes, there were, sadly, 206 fatalities.

Out of 37,373 suspected injury crashes that year, only 6.06% were alcohol crashes. There were 108,955 accidents that only caused property damage, and 3.12% of those were alcohol crashes. When an impaired driver causes an accident, others are frequently hurt and killed. It’s important to know how to prove liability in a civil claim when you are hurt so that you can financially support yourself and your family.

Who Is Liable for a Drunk Driving Accident

In the majority of drunk driving accidents, the drunk driver is liable for the crash. Driving under the influence is an act of negligence or recklessness on the road, and if this behavior results in an accident, the driver should be held accountable. When a driver is liable, all injured parties in the crash can file personal injury claims with the intoxicated driver’s insurance policy. In some cases, the parties must file civil claims against the driver. Surprisingly, studies have shown that drunk drivers are often more likely to survive the crashes they cause, while innocent victims may suffer more serious injuries or even death. This makes it even more important for victims to hold the at-fault driver legally and financially responsible.

How Do You Prove Liability

While driving intoxicated is an act of negligence, a driver being drunk does not automatically make them responsible for the accident. While most drunk drivers are to blame for accidents, their liability must be provable. In order to prove that a drunk driver is liable, you must provide evidence of the following.

1. Duty of care. You must show that the driver owed you a duty of care. Every driver has a legal duty to drive with caution, follow road laws, and avoid causing danger to others.
2. Breach of duty. You must prove that the driver breached their duty of care. Driving drunk breached the duty of care by being illegal, and it is also a type of negligence because it is unsafe.
3. Causation. You must show that the driver’s breach of duty directly caused or contributed to the accident. If the accident was caused by other factors or other drivers, the drunk driver may not be liable. The driver’s intoxication or other negligent actions must have been a significant factor in causing the crash.
4. Damages. You have to prove that you suffered injuries and compensable damages as a direct result of the accident. This includes the cost of your medical bills, physical pain and suffering, and lost income.

Can Other Parties Be Liable for a Drunk Driving Accident

Yes, other parties may be fully or partially liable in a drunk driving accident. Someone unrelated to the drunk driver may have been negligent and caused the accident, and they would be liable in that case. However, there may also be parties connected to the drunk driver who are liable for their actions. This could include.

1. Employer. If the drunk driver is an employed driver or they were driving the vehicle as part of their job duties, their employer may be vicariously liable for the actions of their employee.
2. Vehicle owner. If the drunk driver is operating someone else’s vehicle, the owner of the vehicle may be liable if they gave the driver permission to use their car.
3. Businesses or social hosts. In most situations in Louisiana, an establishment or social host who serves alcoholic drinks is not liable for the drunk driver’s actions or the damages they caused. However, if the host or establishment served drinks to an underaged person, forced the person to become intoxicated, or lied about an alcoholic beverage being non-alcoholic, the host or establishment can be held liable for damages.

FAQs

Are You Liable If Someone Else Drinks and Drives?

You are generally not liable if someone else drinks and drives. However, there are cases where someone other than drivers may be liable, like if someone forced them to drink alcohol, served drinks to an underage driver, or allowed the use of their vehicle to a drunk person.

If you suspect someone is drinking and driving, it is important to report it to the police. The Baton Rouge Police Department’s non-emergency number is (225) 389-2000. Call 911 in an emergency.

Is Louisiana a Fault State for Car Accidents?

If you are in a car accident in Louisiana, you can file an insurance claim to recover the damages of your injuries. This claim is filed with the insurance company of the driver who was at fault for the accident, such as a driver who is distracted, fails to yield right-of-way, or is driving under the influence. In some cases, a claim cannot be settled through insurance companies, and the at-fault party is held liable in civil court.

Does Insurance Still Pay If You Were Drunk?

Insurance coverage in Louisiana may still cover other parties’ damages in a drunk driving case, although it can be more complicated. An insurer may claim that the insurance policy does not cover drunk driving. It’s important to work with an experienced drunk driving accident attorney to protect your rights.

If you are a drunk driver who was in an alcohol-related accident, your insurance should cover damages. However, your insurance costs will likely increase, and your insurer may not cover you after repeat incidents.

How Are Drunk Drivers Punished in Louisiana?

Drunk drivers in Louisiana can face criminal penalties, regardless of whether they cause an accident or not. If a drunk driver causes a collision and injures someone, they face more severe criminal penalties, and the injured party can file a claim against the at-fault driver. This claim may be through an insurance policy or in civil court.

The drunk driver could face criminal fines, imprisonment, or other criminal penalties and have to cover the injured party’s damages, like medical bills.

Navigating a Claim After a Drunk Driving Accident

If you or someone you love was hurt by a drunk driver, it is understandable to want justice for this inexcusable lack of care. At Murphy Law Firm, we can help you. Contact our firm today.

About The Author

Peyton Murphy

Peyton Murphy, is the founder of Murphy Law Firm, LLC, based in Baton Rouge, Louisiana, specializing in personal injury law. Peyton obtained his law degree from the prestigious Tulane School of Law in 1991 and has been licensed to practice law in Louisiana since 1993. With over 28 years of experience, Peyton is dedicated to representing injured victims and actively contributing to his community. Education: Obtained his law degree from Tulane School of Law in 1991. Professional Associations: Member of the Louisiana State Bar and active in the Baton Rouge Bar Association and the Louisiana Association for Justice. Experience: Founder of Murphy Law Firm, LLC, with extensive experience in personal injury law and licensed in multiple federal courts and the U.S. Supreme Court.

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