Drinking and driving is a serious concern. According to the Louisiana Highway Safety Commission, the percentage of alcohol-related crashes in Louisiana accounted for 29% of all accidents in 2023.
If you have an unfortunate encounter with an impaired driver, you need to take steps to protect your safety and your rights.
At Bianca | Matkins, we are here to help during this difficult time, and we know the tragedy of being involved in a vehicle accident. Here is what to do if you’ve been injured by an impaired driver in Louisiana.
Think About Your Safety
After an accident, your safety and health come first. If you can, make sure to move to a safe location. Also, you will want to turn on your hazard lights to alert other drivers. Whenever you have been involved with an impaired driver, you need to call law enforcement. This is a criminal offense. Any police reports will help to solidify your case if you want to seek compensation.
In most cases, paramedics will be on the scene to treat you and other injured parties. Even if you feel okay, schedule a follow-up appointment with your primary physician. Once again, any medical documentation can be critical to prove the extent of your injuries.
Document the Accident
If you are considering taking legal action, you will need evidence. In these situations, you will want to document the accident. Make sure to take photos of the accident scene, vehicle damage, road conditions, traffic signs, and any visible injuries.
If there are witnesses, you may want to get their information; their third-party version of events can be valuable if the case goes to trial.
While impaired drivers often have certain behaviors that police officers will document, you may want to make a mental note or record it on video. Additionally, write down what you remember about the accident and the driver’s behavior as soon as possible. Even the smallest details could help in your case.
Be Cooperative with Law Enforcement
If there was an accident with an impaired driver, the scene will be investigated by a police officer. Once law enforcement arrives, you will want to share any details that can show the other driver was impaired. In these cases, that could be used as probable cause to administer field sobriety or chemical tests on the impaired driver.
Remember to always request a copy of the police report. Often, documentation will include the officer’s observations, results of any sobriety tests, and an arrest record for DUI.
Notify Your Insurance Company
After an accident, Louisiana law requires you to report it to your insurance company. You need to provide them with a factual account of the incident. However, you will want to avoid speculating or admitting any form of fault.
Louisiana DUI Laws Can Affect Your Case
Under Louisiana Revised Statutes 14 §98, there are strict laws and penalties for impaired drivers, including hefty fines, license suspension, and even imprisonment for those convicted of DUI. If the other driver is convicted of a DUI offense, that can strengthen your case. In turn, it can establish their liability.
If you can prove that the impaired driver’s negligence led to your injuries, you may be entitled to recover damages. This compensation can cover medical bills, lost wages, pain and suffering, property damage, and other accident-related expenses.
File a Personal Injury Claim
In a DUI accident case, you might be able to get compensation through a personal injury claim.
Your attorney will collect police reports, witness statements, medical records, and video footage to demonstrate that the impaired driver was at fault and substantiate your injury claims.
Along with that, they will negotiate with the at-fault driver’s insurance company to reach a fair settlement. The case may go to court if a settlement cannot be reached. At this stage, your attorney will present a case so you can recover a favorable judgment to cover your expenses.
Track Your Recovery and Damages
As you recover, you will need to keep a record of your medical treatment, any therapy sessions, medications, and other recovery-related costs. If you have out-of-pocket expenses, note those as well.
These can include:
- Transportation to medical appointments
- Prescription costs
- Equipment needed for mobility or daily tasks
Don’t forget about pain and suffering. These damages must have some impact on your quality of life.
You’ll want to document your experiences, pain levels, and emotional challenges.
Consult with a Personal Injury Lawyer
During this healing time, you might not know where to start with your claim. For this reason, you may want to reach out to a Baton Rouge car accident lawyer to discuss your incident. With their help, they can make sure your rights are protected and that you recover the compensation you deserve.
Being injured by an impaired driver in Louisiana is a traumatic experience. However, you need to take a few steps to protect your welfare and rights. Along with that, it can go a long way to strengthen your ability to pursue compensation.
With these actions, you can focus on your recovery while holding the responsible party accountable for their recklessness.
