A drunk driver doesn’t get to decide how much your recovery costs. Whether you’re dealing with medical bills, a totaled vehicle, missed work, or something far worse, you deserve a straight answer about your options and someone in your corner who will fight for what you’re owed.
Dudley DeBosier Injury Lawyers has been representing Louisianans since 2009. Our experienced drunk driving accident lawyers handle cases across East Baton Rouge Parish, and we know how these cases work: from gathering evidence before it disappears to dealing with insurers who move fast and offer low. If you’ve been hurt by an impaired driver, contact us today. The consultation is free and you pay us nothing unless we get you money.
What to Do After Being Hit by a Drunk Driver in Baton Rouge
The steps you take in the hours and days after a drunk driving crash matter. Here’s what to do:
- Call 911. A police report creates an official record of the crash. If the other driver was impaired, officers may conduct field sobriety tests and breathalyzer testing at the scene. That evidence is critical to your civil claim.
- Get medical care right away. Even if you feel okay, injuries from serious crashes often don’t show up immediately. Our Lady of the Lake Regional Medical Center and Baton Rouge General are both major destinations for emergency treatment. Go—the documentation matters as much as the treatment.
- Document what you can. Photos of the scene, the vehicles, any visible injuries, and road conditions all help. Get the other driver’s insurance information and collect contact details from any witnesses.
- Don’t give a recorded statement. The other driver’s insurance company may call you quickly. You are not required to give a recorded statement, and doing so before you’ve spoken with a lawyer can hurt your claim. Let us be the buffer.
- Contact Dudley DeBosier. Call us before you talk to any insurer. There’s no cost to reach out, and the earlier we get involved, the better positioned we are to preserve evidence and protect your claim.
Blood-alcohol content (BAC) test results, field sobriety documentation, and dashcam footage are all time-sensitive. An experienced attorney can move quickly to secure what’s needed.
How Louisiana Law Treats Drunk Driving Crashes
Being hit by a drunk driver opens two parallel tracks: a potential criminal case against the driver, and a civil personal injury claim that you control.
The criminal case (a DWI or DUI prosecution) is handled by the state. A conviction can help your civil claim, but it isn’t required. The civil standard of proof is “preponderance of the evidence,” a lower bar than the criminal “beyond a reasonable doubt.” Even if the driver is never convicted, or charges are reduced or dropped, you can still recover in a civil case.
Under Louisiana law, a driver with a BAC of 0.08% or higher is presumed to be impaired under La. R.S. 14:98. That presumption is powerful evidence in a civil claim.
Louisiana also follows a modified comparative fault rule. As long as you were less than 51% at fault for the crash, your recovery is reduced by your percentage of fault but not eliminated. You don’t have to be blameless yourself to pursue a claim against a drunk driver.
One deadline you need to know: Louisiana’s prescriptive period for personal injury claims is two years from the date of the crash. Missing it generally means losing your right to recover.
Louisiana is also one of the few states that allows punitive damages (or exemplary damages) specifically in drunk driving cases, under La. C.C. art. 2315.4. Punitive damages go beyond compensating for losses. They’re designed to punish conduct as egregious as getting behind the wheel drunk.
Can a Bar or Restaurant Be Held Responsible?
Louisiana’s anti-dram shop law, La. R.S. 9:2800.1, typically limits liability for alcohol sellers and social hosts. However, it doesn’t eliminate it entirely.
A bar, restaurant, or vendor can be liable when they serve a person below the legal drinking age. Social hosts who serve alcohol at private gatherings may also have exposure in certain circumstances.
Dram shop claims are legally complex and fact-specific. Most cases will not support this type of claim, but our attorneys will comb through the facts of every case.
Proving Fault in a Drunk Driving Case
Your civil claim doesn’t live or die on the criminal arrest. It lives on evidence.
The strongest drunk driving cases are built on:
- The Police Report and Arrest Record: Officers document what they observed, including signs of impairment, field sobriety test results, and any admissions by the driver.
- BAC Results: Breathalyzer and blood test results showing the driver’s BAC at or above 0.08% create a legal presumption of impairment under Louisiana law.
- Witness Statements: Bystanders, passengers, and other drivers who saw the crash or the impaired driver’s behavior beforehand can provide powerful testimony.
- Surveillance and Dashcam Footage: Traffic cameras, business cameras near the crash site, and dashcam recordings can corroborate everything else. This footage can be overwritten quickly, so getting a lawyer involved early gives us a chance to preserve it.
- Toxicology Reports: In serious injury or fatal cases, comprehensive toxicology often forms the backbone of the civil case.
Our attorneys know how to build this picture and present it effectively.
When a Drunk Driving Crash Takes a Life
If you lost someone to a drunk driving crash in Baton Rouge, you may have a wrongful death claim under Louisiana law. Under La. C.C. art. 2315.2, surviving spouses, children, parents, and siblings may be entitled to pursue a claim for damages.
Those damages can include loss of financial support, loss of companionship and guidance, grief and mental anguish, and funeral and burial costs.
No amount of money brings someone back. But pursuing a wrongful death claim can mean financial stability for your family and a measure of accountability for the person who made that choice.
What Compensation Can You Seek?
Drunk driving crashes tend to produce serious injuries, and serious injuries produce serious losses. Through a civil claim, you can seek compensation for:
- Medical expenses, both past and future
- Lost wages and reduced earning capacity
- Property damage, including vehicle replacement or repair
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium for spouses
- Punitive damages in drunk driving cases
Every case is different. What you can pursue depends on the specific facts of your crash, the severity of your injuries, available insurance coverage, and how the evidence is presented. Our attorneys can evaluate your situation and give you an honest assessment of your claim.
Frequently Asked Questions
What if the drunk driver was uninsured or underinsured?
Louisiana has some of the highest rates of uninsured and underinsured drivers in the country. If the driver who hit you didn’t have adequate coverage, your own uninsured/underinsured motorist (UM/UIM) coverage may apply. We can review your policy and identify every possible source of recovery.
How much does it cost to hire a drunk driving accident lawyer in Baton Rouge?
Nothing upfront. Dudley DeBosier works on a contingency fee basis. You pay us nothing—no fees, costs, or expenses—unless we get you money. That’s our No Fee Guarantee®.
Talk to a Baton Rouge Drunk Driving Accident Lawyer
Being hit by a drunk driver is one of the most avoidable things that can happen to you. Someone made a choice, and now you’re living with the consequences. That’s not right, and it shouldn’t go unchallenged.
At Dudley DeBosier, we’ve been fighting for Louisianans since 2009. There’s no cost to call and no obligation. If we take your case, you pay us nothing unless we get you money.
Contact our car accident lawyers for a free consultation.
