Every driver knows it is unsafe and irresponsible to operate a vehicle after consuming alcohol or drugs, yet people continue to get behind the wheel while impaired. When a drunk driver causes an accident, the criminal law system issues penalties, but accident victims can also turn to the civil courts for financial relief.
Anyone suffering from injuries sustained in a drunk driving car accident in Iberville Parish should contact a local car accident attorney. You could bring a civil claim against the person responsible to obtain financial compensation for your injuries. The drunk driver could be responsible for reimbursing your medical costs and diminished income, as well as paying compensation for your pain and suffering.
Proving a Drunk Driver Is Liable for Your Injuries
Louisiana maintains the traditional, fault-based approach to traffic accident claims. When someone suffers financial losses in an accident, the driver at fault is responsible for compensating these losses, also called damages.
An injured person seeking damages must demonstrate that the other party was negligent, which means they breached a duty of care directly resulting in physical injuries. Everyone who drives has an implied duty to obey the law and take reasonable care to avoid injuring anyone else. A Plaquemine attorney only needs to prove the driver breached their duty of care to the injured person. They could do so by presenting any evidence the driver was speeding, driving recklessly, or putting other people at risk.
Comparative Fault and Drunk Driving Accidents
Louisiana Civil Code Art. 2323 requires that whenever someone claims damages for an injury or death, a judge or jury must allocate fault between all the involved parties. If the injured plaintiff is partially responsible for their injuries, they can still collect compensation, but it will be reduced by their percentage of fault.
If an injured person could have been partially at fault in a drunk driving accident, lawyers for the driver and their insurance company often try to reduce their liability by claiming the accident was the injured person’s fault. An experienced attorney in Iberville Parish could counter with evidence of intentional drunk driving to entitle an injured person to a full financial recovery as in Louisiana Revised Statutes § 9:2798.4.
Act Swiftly to Preserve Your Rights
Louisiana limits the time available for an injured person to file a lawsuit seeking damages. Someone hurt in a drunk driving accident has only one year from the date of the incident to bring a lawsuit. One year is a very short timeframe, especially for someone who suffered severe injuries.
Anyone who experiences serious injuries in a drunk driving accident should contact a Plaquemine attorney as quickly as possible. A legal professional could immediately begin investigating the crash and collecting evidence supporting the injured person’s claim.
Initiating discussions with the drunk driver’s insurance company soon after the incident could avoid the need to go to court, as many insurers prefer to settle these claims without the cost of going to trial. However, being prepared to take a claim to court puts pressure on the insurance company to negotiate in good faith and make a reasonable offer.
Pursue Damages After a Drunk Driving Accident With a Plaquemine Attorney
Drunk driving accidents in Iberville Parish can cause devastating injuries, personal and family disruptions, and severe financial hardships. You need an experienced attorney to get the compensation you deserve.