A drunk driver does not choose their victims carefully. They run red lights on Chef Menteur Highway, drift across lanes on the I-10 elevated, and blow through intersections in Mid-City and the Marigny. If one of them hit you or someone you love, you are likely dealing with injuries, a wrecked vehicle, and an insurance company that started working against you the moment the crash happened. If you need a drunk driver accident lawyer in New Orleans, Dudley DeBosier is ready to help.
The experienced New Orleans car accident lawyers at Dudley DeBosier have fought for Louisianans hurt by impaired drivers since 2009. We know this city, we know Louisiana law, and we know how these cases work. Your consultation is free, and you pay us nothing—no fees, costs, or expenses—unless we get you money.
Drunk Driving in New Orleans: By the Numbers
New Orleans has a well-documented problem with impaired driving. According to the Highway Safety Commission, in 2023, 30% of the motor vehicle crashes in Louisiana were alcohol-related. And in Orleans Parish, the density of bars and entertainment venues is among the highest in the state. The risk does not end when the French Quarter empties out. It moves onto surface streets and onto the interstate.
If you were hurt by a driver who was drinking, Louisiana law gives you real tools to hold them accountable.
What to Do After a Drunk Driving Crash in New Orleans
The decisions you make in the hours and days after a crash have a direct impact on your claim. Here is what to do:
- Call 911. A police response is essential. An NOPD report is one of the most important pieces of evidence in a drunk driving case. Officers document signs of impairment: slurred speech, the smell of alcohol, field sobriety test results, and BAC readings. Get the report number before you leave the scene.
- Seek medical attention immediately. Even if you feel okay, go. Adrenaline masks pain, and injuries like traumatic brain injury, internal bleeding, and soft tissue damage can take hours or days to surface. University Medical Center New Orleans offers a Level 1 trauma center, and Ochsner Medical Center is also highly rated. Going promptly also protects your claim: a gap in treatment gives adjusters an opening to argue your injuries were not serious.
- Document the scene. If you are physically able, photograph vehicle positions, damage, skid marks, and the surrounding area. Note any nearby businesses or traffic cameras that may have captured the crash.
- Do not give a recorded statement to insurance. Not yours, and certainly not the other driver’s. Adjusters ask questions in ways that minimize your injuries or shift partial blame onto you. You are not required to provide a statement before speaking with a lawyer.
- Contact Dudley DeBosier. Our consultations are free. The sooner we get involved, the sooner we can preserve evidence, document your injuries, and take over communications with the insurance company.
How Fault Is Proven in a New Orleans Drunk Driving Case
Establishing that the other driver was intoxicated is usually the foundation of a drunk driving injury claim, and the evidence available in these cases is often stronger than in standard car wrecks. Key evidence your attorney will pursue:
- The NOPD Crash Report: Officers’ documented observations of impairment carry significant weight in civil court. BAC readings, field sobriety test failures, and notes on the driver’s behavior are all part of the record.
- Breathalyzer and Blood Test Results: Relatedly, Louisiana’s legal limit is 0.08% BAC. A reading at or above this level is strong evidence of impairment, though impairment can be proven even at lower readings.
- Witness Statements: Eyewitnesses who saw the driver’s behavior before or during the crash can corroborate what the police report documents.
- Surveillance and Dashcam Footage: New Orleans has significant camera coverage in commercial and entertainment districts. This footage can show erratic driving, blown lights, or lane departures before impact.
- The Driver’s DWI Charge or Conviction: A criminal DWI (Driving While Intoxicated) conviction is powerful evidence in your civil case, but it is not required. Even if charges are pled down or dismissed, your civil claim proceeds under a separate, lower burden of proof.
Louisiana Law and Drunk Driving Crashes
The DWI Statute: La. R.S. 14:98
Louisiana prohibits operating a vehicle with a blood alcohol concentration of 0.08% or higher. A violation creates criminal liability and also establishes a foundation for your civil injury claim. However, you do not need a criminal conviction to pursue compensation. The civil case can run separately, with a lower standard of proof.
Punitive Damages: La. C.C. art. 2315.4
Drunk driving cases differ significantly from standard car wrecks here. Louisiana courts may award exemplary damages (also called punitive damages) when a defendant was operating a vehicle under the influence of alcohol or drugs and caused serious injury. These damages go beyond compensating your losses—they exist to punish the reckless behavior.
Modified Comparative Fault: La. C.C. art. 2323
This rule means you can still recover damages even if you were partly at fault for the wreck, as long as your percentage of fault is under 51%. Your recovery is simply reduced by your percentage of fault. For instance, if you’re found 25% at fault, you can still pursue 75% of your damages. However, insurers will often try to pin more blame on you than you deserve.
Bar or Restaurant Liability: La. R.S. 9:2800.1
In a city with as many bars, restaurants, and entertainment venues as New Orleans, this question comes up often. The answer is: rarely.
Louisiana’s anti-dram shop statute limits liability but does not eliminate it entirely. A bar or restaurant may still bear responsibility for a drunk driving crash if it served alcohol to an underage person. We can investigate and determine whether a third-party liability claim applies.
The Statute of Limitations: La. C.C. art. 3493.11
Louisiana gives you two years from the date of the crash to file a personal injury lawsuit. That deadline, called the prescriptive period, arrives quicker than you’d think. Missing it almost always means losing your right to recover anything, regardless of how serious your injuries are.
What Compensation Can You Pursue After a Drunk Driving Crash?
Victims of drunk driving crashes in Louisiana can seek compensation for a range of losses:
- Medical expenses—past and future—including emergency care, surgery, hospitalization, physical therapy, and ongoing treatment
- Lost wages for time you could not work during recovery, plus lost future earning capacity if your injuries affect your ability to work long-term
- Pain and suffering for the physical pain and emotional distress caused by the crash and recovery
- Property damage to your vehicle and any other personal property damaged in the crash
- Punitive damages where evidence of intoxication and particularly reckless conduct supports it
Dudley DeBosier fights to help every client be fully compensated for their losses.
Do I Need a Lawyer If Insurance Already Offered a Settlement?
Yes. Talk to a lawyer before accepting anything. Insurance companies move quickly after drunk driving crashes because they want to resolve claims before you fully understand what your injuries will cost long-term. An early offer rarely accounts for future medical treatment, lost earning capacity, or pain and suffering. Once you sign a release, that claim is closed.
Talk to a New Orleans Drunk Driving Accident Lawyer
Being hit by a drunk driver is infuriating. You did not cause this, and you should not have to fight an insurance company while you are trying to recover. Our car accident lawyers are here to help you through this difficult period.
Dudley DeBosier Injury Lawyers has been fighting for Louisianans since 2009, and our New Orleans team is here for you. Reach out today for your free consultation.
