The city police department supports several campaigns to educate drivers on the dangers of drunk driving. Impaired drivers cause catastrophic damage to people each year, often resulting in fatalities. Survivors of drunk driving car accidents in New Orleans may sustain debilitating physical injuries as well as emotional and financial losses if they are unable to work or require medical treatment. A motor vehicle accident lawyer could review your case and assess what types of compensation you may be entitled to.
Under Louisiana Revised Statutes § 14:98, motorists are prohibited from driving with a Blood Alcohol Concentration (BAC) of 0.08 grams or higher. Additionally, it is illegal to drive under the influence of controlled substances, including prescription and scheduled drugs, if they pose a danger to themselves or others.
For many people, consuming just one drink with a BAC of 0.02 grams can act as a relaxant, impairing reaction times to visual cues and making multi-tasking more difficult. Impaired drivers may struggle to determine how much to slow down after noticing another motorist merging into their lane. At a BAC of 0.08 grams, motor and mental abilities decline significantly, including:
A seasoned attorney in New Orleans could navigate the complexities of drunk driving car crashes and assist individuals in establishing and proving fault.
Motorists have a duty to drive responsibly to ensure everyone’s safety on the road. Drunk driving auto collisions in New Orleans occur when a motorist negligently breaches this duty by driving intoxicated and causes harm to another motorist, pedestrian, motorcyclist, or bicyclist.
Negligence per se is a legal doctrine that establishes the elements of duty and breach if a motorist receives a ticket from law enforcement for driving while intoxicated. In these cases, a lawyer only needs to demonstrate that the drunk driver’s actions directly caused the other person’s injuries.
Insurance companies frequently offer settlements that do not fully cover an injured individual’s losses. An aggressive attorney could negotiate with insurers and fight for maximum compensation. Compensation, or damages, for drunk driving car wrecks in New Orleans includes quantitative and qualitative losses, such as:
While punitive damages are rare, they may be awarded in cases where the driver’s actions are particularly negligent, such as when their BAC is exceptionally high. To obtain punitive damages, the plaintiff must clearly prove that the defendant acted with willful misconduct, malice, or complete disregard for the dangers of drinking and driving.
Drunk driving car accidents in New Orleans can affect a person’s health, financial security, and well-being. Driving under the influence is a crime, and while the at-fault individual can face criminal penalties, our attorneys could hold them liable in a civil lawsuit.
We are not intimidated by large corporate insurance companies. If they refuse to offer you a fair settlement, we are prepared to fight for you in court. Call Smiley Injury Law, LLC today to discuss your case with a protective lawyer.
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