By Scott Mansfield, Personal Injury Attorney at Mansfield Melancon Injury Lawyers
A drunk driving crash is different from other car accident cases in one important way: the conduct that caused it wasn’t just careless — it was reckless, and Louisiana law treats it accordingly. Victims of drunk driving crashes in New Orleans can pursue compensation that goes beyond ordinary car accident damages, including punitive damages designed to punish the at-fault driver. Knowing what’s available — and what to do to protect it — starts from the moment the crash happens.
Compensatory Damages: What You Can Recover as a Matter of Course
Like any Louisiana personal injury claim, a drunk driving crash entitles victims to economic damages — medical expenses, lost wages, future medical care, and rehabilitation costs — and non-economic damages including pain and suffering, emotional distress, and loss of enjoyment of life. In fatal drunk driving crashes, surviving family members may bring a wrongful death claim within one year of the date of death.
Punitive Damages: What Makes Drunk Driving Cases Different
Louisiana Civil Code Art. 2315.4 specifically authorizes punitive damages when an intoxicated driver causes death or injury. These damages are awarded separately from and on top of compensatory damages. They are not a guaranteed outcome — a jury must find that the defendant’s conduct was wanton and reckless — but a BAC significantly above the legal limit, combined with the circumstances of the crash, often meets that standard.
Punitive damages in drunk driving cases can be substantial. They exist to punish conduct that a jury views as deserving more than simple financial restitution.
Dram Shop Liability: When the Bar Shares Responsibility
Louisiana does not have a traditional dram shop statute, but common law negligence claims against bars and restaurants that serve visibly intoxicated patrons have succeeded in Louisiana courts. If the drunk driver was overserved at a French Quarter bar, a casino, or any New Orleans venue before the crash, a separate claim against that establishment may be available. This adds another defendant and another source of recovery to your case.
Evidence That Makes or Breaks a Drunk Driving Claim
The police report and BAC test results are the foundation. Surveillance footage from the bar or the crash location, witness statements, and the criminal case proceedings all contribute. This evidence is most accessible in the immediate aftermath of the crash — some of it disappears within days. Contact Mansfield Melancon at mmcdlaw.com/contact-us before critical evidence is lost. No fee unless we win.
Frequently Asked Questions
What is the difference between a criminal DUI case and my civil injury claim?
A criminal DUI prosecution is brought by the state and can result in jail, fines, and license suspension. Your civil injury claim is entirely separate — you bring it to recover compensation for your own losses. A criminal conviction can strengthen your civil case, but you don’t need to wait for criminal proceedings to conclude. Contact a New Orleans DUI accident lawyer to start your civil claim immediately.
Can I recover punitive damages if a drunk driver hit me in Louisiana?
Yes. Louisiana law allows punitive damages in cases involving drunk driving when the defendant’s conduct was wanton or reckless. Punitive damages are awarded on top of compensatory damages and are designed to punish egregious conduct. A DUI blood alcohol level well above the legal limit, or a driver with prior DUI convictions, strengthens the punitive damages argument significantly.
What if the drunk driver had no insurance or insufficient coverage?
Louisiana’s uninsured/underinsured motorist coverage rules may allow you to recover from your own UM/UIM policy. Additionally, if the drunk driver was served alcohol at a bar or restaurant before the crash, a dram shop liability claim against that establishment may be possible under Louisiana law. A New Orleans car accident attorney can identify every available source of recovery.
Does a drunk driver’s criminal guilty plea help my civil case?
Yes. A guilty plea or conviction in the criminal case is admissible evidence of fault in your civil claim. It eliminates the need to prove liability from scratch and shifts the focus to the extent of your damages. It also significantly strengthens any argument for punitive damages. Contact an attorney immediately — don’t wait for the criminal case to conclude.
Usually how long do I have to file a drunk driving injury claim in Louisiana?
Usually you have two years from the date of the crash to file a personal injury claim in Louisiana. Wrongful death claims carry a one-year deadline from the date of death. Evidence — police reports, BAC test results, surveillance footage — is most accessible immediately after the crash. Contact a New Orleans drunk driving accident lawyer as soon as possible.