Having just one alcoholic drink can affect your reaction time and how much fine motor control you have over various parts of your body. The more drinks you have, the more pronounced those effects are. This is why Louisiana state legislators took steps to make driving while intoxicated (DWI) illegal, why police officers enforce the state’s DWI laws strictly, and why you can file a civil suit against someone who injures you in a wreck because they were drunk behind the wheel.
Regardless of what stage-related criminal proceedings have reached or even whether charges have been filed at all, you may still have grounds to pursue civil compensation from a drunk driver who caused a drunk driving car accident in Baton Rouge. When you want to get the best possible result from this sort of case, you will likely need assistance from a skilled auto accident attorney from Tomeny | Best advocating for you.
What Counts as Drunk Driving?
As is the case in every other state, operating a motor vehicle with a blood alcohol concentration (BAC) equal to or more than 0.08 percent constitutes a criminal act in Louisiana. Additionally, federal law prohibits people with commercial driver’s licenses from operating commercial vehicles with a BAC of 0.04 percent or more and people under 21 from driving with a BAC of 0.02 percent or more.
When it comes to filing suit over a Baton Rouge car crash caused by a drunk driver, the important thing is not so much how that drunk driver’s criminal offense is categorized or what criminal sanctions they may face as a result, but rather whether they caused a specific injury as a direct result of their drunk driving. Because DWI is against the law and because it is a violation of the duty of care, all drivers must act responsibly and lawfully behind the wheel. Any such breach of duty that is the direct and primary cause of an accident qualifies as legally actionable negligence.
Recovering for All Available Damages
A person found liable for a car crash in Baton Rouge because they were driving drunk at the time of the wreck may be made to pay for every short-term and long-term loss that the injured motorist filing suit will experience because of the incident. A typical claim may incorporate both special damages with objective financial values and general damages, which must be valued subjectively, including things like:
- Physical pain and suffering
- Psychological trauma and distress
- Medical expenses for crash-related injuries
- Lost working capacity and/or work earnings
- Car repair/replacement costs and other personal property damage
- Lost quality of life and other effects of permanent disability/disfigurement
In rare situations where a defendant being sued had a high BAC or was otherwise acting with egregious disregard for the safety of others, a court may also impose punitive damages against them specifically to punish them for their actions. The court may then award that money as additional compensation to the injured motorist.
A Baton Rouge Attorney Could Help You File a Drunk Driving Car Accident Lawsuit
Drunk drivers put everyone around them at risk of life-altering and avoidable harm for every second they spend behind the wheel. Fortunately, if you can prove that a crash you were involved in stemmed directly from this type of misconduct, you may be able to recover financially.
A seasoned legal professional from Tomeny | Best could answer important questions and provide guidance about the next steps to take following a drunk driving car accident in Baton Rouge. Call today for a free consultation.
