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Baton Rouge Drunk Driving Accident Lawyer
DUI Accident Attorney in Baton Rouge, LA
Driving under the influence can refer to both alcohol and drug-related intoxication in Louisiana. If you’re in a collision with a driver who appears impaired, it’s important to know what to do after a car accident. Before you deal with any insurance companies, you need to find a Baton Rouge drunk driving accident lawyer to protect your rights and file a claim for financial compensation.
For car accident lawyers who will look out for your best interests in these intense cases, call Murphy Law Firm at (225) 928-8800. Our Louisiana DUI accident lawyer will come to you and do everything in our power to fight for you, using our more than 30 years of experience to your benefit.
Information and What to Do After an Accident
Driving under the influence (DUI) and driving while intoxicated (DWI) offenses are illegal and come with criminal penalties. After a collision with an impaired driver, it is important that you call the police right away. This helps you get emergency responders to the scene of the accident, ensuring you get medical care. As a victim, calling the cops also protects you from having to pay for your damages out of pocket.
Police involvement can lead to sobriety tests and other measures that can later serve as important pieces of evidence in an insurance claim or personal injury case.
Dangers of Driving Under the Influence
You might know that driving under the influence of drugs or alcohol is a bad idea, but do you truly understand the dangers of this reckless act? Driving under the influence is much more than just a distraction, especially on the dangerous roads of Baton Rouge, like I-10 or I-110. In Baton Rouge, over 400 of the nearly 5,600 suspected injuries in vehicle accidents were alcohol related in 2024.
Driving while impaired completely compromises a driver’s ability to make decisions, react to changing roadway conditions, and control a vehicle. Drivers under the influence often experience:
- Slowed reaction times
- Loss of ability to concentrate
- Greater inclination to make dangerous decisions
Drivers who get behind the wheel drunk, high, or otherwise impaired are grossly negligent, often resulting in severe injuries or even death. Drunk drivers are more likely to survive the crashes they cause, which is a tragic fact that underscores the recklessness of driving under the influence. While alcohol was predicted in only 5.30% of no apparent injuries, it was involved in 7.25% of suspected injuries and 41.67% of fatalities in Baton Rouge.
Impaired driving is one of the top three causes of car accidents in Baton Rouge, and that only increases as football season at Louisiana State University begins and gets worse as the holidays, like Halloween, roll around.
Damages Awarded for Drunk Driving Accidents
In addition to economic and non-economic damages, courts may award punitive damages to plaintiffs in DUI accident claims as a punishment for the intoxicated driver’s disregard for the safety of others on the road.
These damages go above and beyond typical awards to recognize the defendant’s willful, malicious, or reckless misconduct. There is currently no cap on punitive damage awards in Louisiana. If you’ve been injured in a car accident involving an impaired driver, get a DUI accident lawyer at Murphy Law Firm to represent your interests.
Understanding Baton Rouge Implied Consent Laws
When drivers accept a license, they implicitly consent to drug and alcohol tests at traffic stops. A driver can refuse these tests, but doing so comes with automatic driver’s license suspension up to one year. Police can issue breath, blood, urine, and field sobriety tests to learn whether a driver has alcohol or drugs in his/her system. If tests come back positive, the driver will likely be liable for crash-related injuries and damages.
There are many substances besides alcohol that can cause DUIs if they impair a driver enough to affect driving, such as:
- Medical marijuana
- Over-the-counter cold medicine
- Prescription painkillers
It is every driver’s duty to read the warnings on legal medications to see if it’s safe to operate heavy machinery after consumption. Different drugs affect people differently, so this can vary on a case-by-case basis. A drug case lawyer in Baton Rouge can help you understand the impact of drug and alcohol use in your case.
A police officer’s initial interaction with a potentially intoxicated driver can help identify signs of drug-related impairment, such as bloodshot eyes or slurred speech. As the victim of a car crash, you can use the official police report to help prove your case against the at-fault driver.
Other DUI Laws in Louisiana
Art. 2315.4. Additional damages; intoxicated defendant
Exemplary damages can be awarded where there is proof that the injuries in a claim were caused by a wanton or reckless disregard for the rights and safety of others by someone who caused the resulting injuries while operating a motor vehicle intoxicated.
Acts 1984, No. 511, §1.
FAQs
What Steps Should I Take Immediately After Being Involved in a Drunk Driving Accident in Baton Rouge?
Immediately after being involved in a drunk driving accident in Baton Rouge, it is important that you get yourself and others to safety and then call 911. If possible, move vehicles out of the roadway and to safety. Whether or not that is possible, get yourself and others to safety. Call to report the accident and the injuries that you and others have suffered. If the other driver leaves the scene, note information about the vehicle or driver.
How Can a Drunk Driving Accident Lawyer Help Me Deal With the At-Fault Driver’s Insurance Company?
A drunk driving accident lawyer can help you deal with the at-fault driver’s insurance company in many ways, including by conducting a third-party investigation of the accident to determine the at-fault party. If the other insurer tries to blame you for the accident or undermine the severity of your injuries, an attorney knows how to counter these tactics. They negotiate on your behalf so that you don’t have to deal with the company directly at all.
What Types of Compensation Can I Pursue After a Drunk Driving Accident?
The main types of compensation you can pursue after a drunk driving accident are compensatory damages and potentially punitive damages.
Compensatory damages compensate you for the damages you suffered in the accident, such as the cost of your medical treatment, your lost income and benefits, any long-term effect on your employment, and pain and suffering. Punitive damages punish the at-fault party for reckless behavior, which in many jurisdictions includes drunk driving.
How Long Do I Have to File a Drunk Driving Accident Claim in Louisiana?
There is a short period of time you have to file a drunk driving accident claim in Louisiana, and most insurance claims have to be filed as soon as possible after a collision. A civil claim has a statute of limitations, which you need to be aware of. If a settlement can’t be secured through an insurance claim negotiation, then you have to file in court before the statute of limitations runs out. Otherwise, you may be barred from compensation.
Contact Murphy Law Firm in Baton Rouge Today
No matter what substance impaired the driver, there is likely some kind of evidence working in your favor. Use this to your greatest advantage with help from the experienced team of car accident attorneys at Murphy Law Firm. Call (225) 928-8800 to schedule your free consultation today.
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