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What to do after being hit by a drunk driver in New Orleans?

What To Do After An Accident Hit By A Drunk

When a person uses alcohol or drugs prior to operating any vehicle, he or she is taking a monumental risk. That one poor decision may lead to severe punishment, like the loss of their driver’s license, or arrest. In the worst cases, the impaired driver may cause an accident that harms—or even kills—another human.

Drivers under the influence of alcohol experience impaired motor skills, and may struggle to control their vehicles or correctly estimate reaction times. Yet while you surely practice smart decision-making and choose to remain safe while driving, you can’t take for granted the fact that other drivers on the road might not be doing the same. 

Unfortunately, drunk driving accidents are quite common, and they can have life-altering impacts. News of car accidents with drunk drivers is often noticed in New Orleans.

Being hit by a drunk driver can lead to physical injuries that impact your ability to work and your mental health, possibly resulting in loss of wages, emotional pain, or PTSD. You deserve to be fairly compensated for the dangerous and life-threatening decision that the impaired driver made.

Facts About Drunk Driving in New Orleans, Louisiana

On a national scale, according to the National Highway Traffic Safety Administration, alcohol-impaired driving kills one person every 52 minutes and over 10,000 people each year. 

Here in Louisiana, operating a vehicle after consuming alcohol or drugs remains a major cause of vehicle crashes, injuries, and fatalities each year. According to the Louisiana Highway Safety Commission, more than 40 percent of the motor vehicle crashes in Louisiana in 2017 were alcohol-related, with 311 of those accidents resulting in fatalities. The drug-impaired driving fact sheet by Centers for Disease

Control and Prevention show 12.6 MILLION Americans reported driving under the influence of marijuana or other illicit drugs in 2018.

If you were hit in New Orleans or the state of Louisiana by a driver who you think was drunk or impaired, below are the initial steps you’ll want to take in the aftermath of the accident. While it’s important that you follow these steps, the most important step is to hire Breaux Law Firm to fight for you.

Being hit by a drunk driver is a traumatic experience, and you shouldn’t have to cope with it alone. By hiring our experienced car accident attorneys, you can rest assured that we’ll do everything to protect your rights and to ensure you’re compensated for your medical bills and property damage.

What To Do After a Car Accident with a Drunk Driver in New Orleans?

  1. There are some important initial steps you need to take immediately after a car accident. First, make sure you’re okay before you stop and assess the damage. Never drive away from an accident, no matter the fault or severity of the accident. Dial 911 or contact the NEW ORLEANS police department. Turn on your hazards, if needed. To preserve the scene, do not move your vehicle until the police have arrived to make their report. It’s extremely important to leave a scene undisturbed after an accident to help determine liability. If the other driver appears intoxicated or under the influence of alcohol or drugs, and seems likely to flee the scene, try your best to take a photo of their license plate. The police or your attorney can run the license plate to gather information about the car and its driver. 

It’s very important that the police are involved and that a police report is filed. Do not allow a driver who is under the influence to persuade you against calling the police! When it comes to personal injury claims, the police report is a key document that will be sent to insurance companies in order for liability to be determined.

If possible, take photos of the cars involved and the position the cars are in. When there is photographic or video evidence of an accident, liability can more easily be determined. Exchange contact and insurance information with any other party involved in the car accident. To gather their name, contact information, driver’s license number, vehicle information, insurance company, and insurance policy number, you can take photos of the other person’s documents.

  1. As soon as possible, notify the driver’s insurance company of your claim and your injuries. Some key information that you will need to provide can be found in the accident report, which you will need to get from the police department. 
  1. Don’t settle with the insurance company right away. The insurance company of the drunk driver may pressure you to settle, but this is often to your detriment. But be careful. Make sure you’ve explored all available insurance coverage and options. By accepting an early settlement, you may be signing a release that prohibits any further claims arising out of the accident. You’ll want to discuss all of your options with your attorney. Sometimes it makes sense to settle, but not always.
  1. Prepare to get involved in the criminal process. Hiring a personal injury lawyer will help you navigate the steps of the legal process.  In Louisiana, the statute of limitations is one year for most injury cases. So, it’s important to hire an attorney immediately for filing a lawsuit if you were in an accident in New Orleans or in other cities of Louisiana. 
  1. If possible, find out where the drunk driver was drinking and track down any witnesses. While the impaired driver is typically at fault, it’s possible that third parties, like a bar or restaurant that continued to serve a visibly drunk customer, may be held responsible, as well. The bar would need to be contacted; the bartender, server, and other witnesses interviewed; and video footage gathered. You’ll need to act fast. Again, an attorney can help you gather the necessary information for your case.

Contact the Personal Injury Attorneys at Breaux Law Firm

Take the time you need to recover, mentally and physically. After the accident and your initial recovery, your next step should be to contact the attorneys at Breaux Law Firm for a free consultation. Car accidents caused by drunk drivers are often serious and injuries and damages can be very devastating.

The New Orleans attorneys at Breaux Law Firm hold decades-long experience and expertise in handling these types of cases. Our attorneys will assess your case and determine how you can receive the best compensation for the damages you sustained when you were hit by an impaired driver. Personal injury lawyers can provide necessary legal advice which can help the process of filing a claim and fighting for that claim. Having someone who understands your case and your rights will ensure you receive all the compensation you’re entitled to.

When you have a lawyer on your side, he or she can help protect you legally by handling all correspondence with authorities, insurance agents and adjusters, and the other driver involved in the crash. You will not pay your attorney for their time; the attorney’s payment will be a percentage of the amount you are awarded. 

Being in a car accident is already scary enough, and getting back on your feet should be hassle-free. That is what we strive for at Breaux Law Firm. We’ve been in business for decades and are experienced in personal injury law.

We believe our clients are like family and will fight for you as if we were fighting for one of our own. If you’re hesitant about your claim, give us a call so we can determine what kind of case to develop on your behalf. We will help you file a civil case or petition the courts if need be. Whatever option we choose, it will be to your advantage.

We’re happy to spend the time it takes for you to understand your case and what comes next. Our reputation speaks for itself; we are ready to fight for you. Visit our contact page or call us at (504) 914-7779 to get a free quote or to file a lawsuit if you have been in a car accident with a drunk driver in New Orleans.

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Frequently Asked Questions

We don’t get paid until you do. The attorneys of Breaux Law Firm have what is called a “contingency fee arrangement” with each and every one of our clients. A contingency fee arrangement means that the attorney’s fee is taken out of the total amount of money recovered for the client, once the client’s case is settled. The attorneys at Breaux Law Firm are happy to meet with you FOR FREE to discuss your case, to answer any questions you may have, and to let you know if we think you have a good case.

The short answer is YES. If you’re the owner or the driver of the motor vehicle you were in at the time of the accident and neither you nor the vehicle you were driving has automobile insurance, then the adverse insurance company will get a credit for the first $15,000 in damages that they would have otherwise owed you, as described below. If you were a passenger in a vehicle where neither it nor its driver has insurance, you will still be able to recover, because you’re not the owner nor the operator of the uninsured vehicle. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice. We take the guesswork out of Louisiana state laws, and guide you through the process of recovering the compensation you deserve.

“There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
La. Stat. Ann. § 32:866

Breaux Law Firm is licensed to practice law throughout the state of Louisiana. However, Breaux Law Firm, in conjunction with other respected attorneys, has also represented clients from many other states, including Texas, Mississippi, Alabama, Florida, North Carolina, Illinois, California, and more.

Our office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m., excluding holidays. Our office is located at 111 Veterans Memorial Blvd., Suite 1820, Metairie, LA 70005. You’ll find plenty of parking available in our visitor parking lot, along with a wheelchair-accessible ramp. Of course, you can always reach us through our 24-hour phone line at (504) 914-7779.

NO, YOU DO NOT. We don’t get paid until you do. The vast majority of the time, the conscientious attorneys at Breaux Law Firm will be able to let you know if your case is likely to succeed at the FREE initial consultation. If the case doesn’t work out, you owe us nothing and we will bear our own costs.

In Louisiana, you have ONE YEAR FROM THE DATE OF THE ACCIDENT to file a lawsuit to recover damages due to an accident; this concept is known as the statute of limitations or prescriptive period. Once your accident occurs, the clock starts ticking. The attorneys at Breaux Law Firm stay informed on all laws involving injury law, as well as the other legal areas we practice. We know that legal language can be confusing and hard to understand, as you can see below, so we work hard to make the process of filing a claim as easy and positive as possible.
“Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.”
La. Civ. Code Ann. art. 3492

YES, the law office of Breaux Law Firm works with all types of medical providers and will assist you in obtaining the medical care that you need for your injuries.

There are several ways to take care of your property damage after an accident. The most common way is to make a claim against the liable insurance company which covered the at-fault party at the time of the accident. After making a claim against the liable insurance company, the liable insurance company is supposed to appraise the damage to your vehicle by sending an appraiser to inspect the vehicle wherever it’s located. Within a reasonable time, the liable insurance company is supposed to make a liability determination. If the insurance company accepts liability, they will put you in a rental car and arrange for your vehicle to be repaired. You’re entitled to a rental car, paid for by the liable insurance company, until your car is fixed and ready for you to pick up. The liability insurance company must adjust the property damage within thirty (30) days of their receiving a satisfactory proof of loss. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice, translating confusing legal jargon, as you see below, into clear guidance for our clients.
“All insurers shall make a written offer to settle any property damage claim, including a third-party claim, within thirty days after receipt of satisfactory proofs of loss of that claim.”
La. Stat. Ann. § 22:1892