If you or a loved one was recently injured in an accident caused by an impaired driver, you are likely dealing with a lot at once: medical appointments, time away from work, mounting bills, and calls from insurance adjusters who want a statement before you’ve had a chance to think. You may not know whether the other driver was charged, if their insurance will cover your damages, or how long you have to act.
These are exactly the questions a skilled drunk driving accident lawyer can help you answer.
At Dudley DeBosier Injury Lawyers, we represent DUI injury victims throughout New Orleans and its surrounding areas. Drunk driving crashes are the consequence of a choice someone made to get behind the wheel while impaired. When that choice injures you or someone you love, the law provides avenues for accountability and compensation. We can help you pursue them.
Contact us today for a free consultation.
How Common Is Drunk Driving in New Orleans?
The city’s celebrated nightlife on Bourbon Street, the French Quarter, the Warehouse District, and Magazine Street contributes to one of our most serious public safety challenges: drunk driving.
In Louisiana, impaired driving is a major cause of vehicle crashes. In 2025, impaired driving was a factor in approximately 229 fatal accidents resulting in 259 deaths. In Orleans Parish, there were 21 alcohol-related fatalities.
The risk is not limited to the entertainment districts. Drunk driving accidents in New Orleans occur on I-10 and I-610, on the elevated approaches near the Superdome, and along the roads surrounding Louis Armstrong New Orleans International Airport. Rideshare and late-night foot traffic in the city’s densely populated neighborhoods also mean that pedestrians and bicyclists can be victims as well.
Louisiana’s Drunk Driving Laws
Louisiana’s legal blood alcohol content (BAC) thresholds are:
- 08% or higher for drivers 21 years of age and older
- 04% or higher for commercial drivers operating vehicles that require a CDL
- 02% or higher for drivers under the age of 21
A first driving while intoxicated (DWI) conviction can result in fines up to $1,000, up to six months in jail, and a driver’s license suspension. Those with a BAC of 0.15% or higher, or repeat offenders, face more severe penalties, including multi-year license suspensions and mandatory ignition interlock device requirements.
A criminal DWI conviction is not required for accident victims to pursue a civil personal injury claim. Civil cases use a lower standard of proof than criminal cases, and you may recover compensation even if the driver was not arrested, was not convicted, or had their charges reduced.
The Impact of Alcohol on Driving
Understanding how alcohol affects the body helps explain why drunk driving crashes can cause such catastrophic injuries. Alcohol depresses the central nervous system even at low levels, impairing the cognitive and physical functions required for safe driving, including:
- Judgment and decision-making
- Reaction time
- Fine motor coordination
- Peripheral vision and depth perception
- Attention and concentration
Because impaired drivers often fail to brake or swerve before a collision, drunk driving crashes often involve high speeds and severe impacts that cause life-altering injuries in an instant.
Common Injuries in Drunk Driving Accidents
Because drunk driving crashes often occur at high speeds, the injuries sustained are frequently among the most serious seen in personal injury cases. Common injuries include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken bones and complex fractures
- Internal injuries
- Severe burn injuries, lacerations, and scarring
- Emotional trauma
- Wrongful death
Who Can You Sue in a Drunk Driving Accident in New Orleans?
More than one party may share legal responsibility for a drunk driving accident.
The Driver
The impaired driver is the primary at-fault party and can be held liable for all injuries, property damage, and losses. Their auto insurance policy is the first and most common source of compensation.
The Driver’s Employer
If the at-fault driver was operating a vehicle as part of their employment duties at the time of the crash—such as a delivery driver, commercial operator, or sales representative—their employer may be liable.
The Vehicle’s Owner
If the driver was operating a vehicle owned by someone else with permission, the vehicle’s owner may share liability. For example, if an owner lent a vehicle to someone they knew or should have known was likely to drive while impaired, they could share responsibility.
The Restaurant, Bar, or Venue that Served the Driver (Dram Shops)
Louisiana’s liquor liability statute generally protects licensed bars and restaurants from civil liability for the off-premises actions of patrons they served. However, if an establishment serves alcohol to a person under 21 and that minor subsequently causes an accident, the establishment may be held liable.
Louisiana follows a pure comparative fault system. Even if you are found partially at fault for an accident, you can still recover compensation proportional to the other party’s share of fault.
Steps to Take After a Drunk Driving Accident in New Orleans
The actions you take in the hours and days after a drunk driving accident can significantly affect both your health and your legal claim. Here is what we recommend:
Call 911
Report the accident and request emergency medical assistance. When law enforcement responds, officers can conduct field sobriety tests, perform a breathalyzer or blood draw if impairment is suspected, and file a police report documenting what happened. Request a copy of that report; it can be critical evidence in your civil case.
Seek Medical Care
Get evaluated by a medical professional right away. Adrenaline can mask pain, and serious conditions like TBIs and internal bleeding may not be obvious immediately. Prompt care also creates a medical record linking your injuries to the accident.
Emergency care in New Orleans is available at University Medical Center New Orleans, Tulane Medical Center, Ochsner Medical Center-New Orleans, and other facilities throughout the metro area.
Document the Scene
If you can, photograph the vehicles, their positions on the road, visible damage, skid marks, traffic signals, and any visible signs of the other driver’s condition. Note the time, location, and weather or lighting conditions. This documentation can be valuable if the other driver disputes how the accident happened.
Collect Witness Information
Get the names and contact information of anyone who witnessed the accident or observed the other driver’s behavior before the crash, like bystanders near a bar or restaurant who saw the driver get into their vehicle. Independent witnesses can corroborate your account and may be able to speak to the driver’s visible impairment.
Do Not Speak to Insurance Companies
Insurance adjusters often contact accident victims quickly, sometimes within hours. You are not obligated to provide a statement, and doing so without legal guidance can result in statements that are taken out of context or used to minimize your claim. Politely decline until you have spoken with an attorney.
Contact an Attorney who Specializes Drunk Driving Accident Claims
An attorney can advise you on your rights from the very beginning, take steps to preserve evidence before it is lost, and handle all communications with insurance companies and opposing counsel on your behalf. The earlier you involve an attorney, the better your chance of collecting fair compensation.
Dudley DeBosier Injury Lawyers understands how overwhelming this can feel to Louisiana injury victims. This is likely one of the most difficult times in your life. When you partner with us, you get a compassionate and dedicated legal team fighting on your side.
Contact Dudley DeBosier now for a free case review.
What Compensation is Available in a Drunk Driving Accident Claim?
Victims of drunk driving accidents in Louisiana may be entitled to pursue several categories of compensation, depending on the nature and severity of their injuries:
- Medical Expenses: Costs of past and future medical treatment, hospitalization, surgery, specialist visits, therapy, medication, assistive devices, or home modifications.
- Lost Wages and Earning Capacity: Income lost during recovery, and compensation for any long-term reduction in your ability to work if your injuries are permanent.
- Pain and Suffering: Compensation for physical pain, emotional distress, and overall diminishment of quality of life and ability to enjoy daily activities.
- Property Damage: The cost to repair or replace your vehicle and any other personal property damaged in the accident.
- Loss of Consortium: Available to a spouse or other family members for the loss of companionship, support, and services resulting from your injuries.
- Wrongful Death Damages: Surviving family members may pursue compensation for funeral expenses, loss of financial support, and loss of love and companionship.
- Exemplary Damages: Louisiana law allows courts to award damages beyond the victim’s actual losses in cases where an intoxicated driver showed wanton or reckless disregard for others’ safety.
Louisiana has a two-year statute of limitations from the date of the accident to file a personal injury lawsuit. Acting quickly matters because you could lose your right to file a claim if that deadline is missed. The sooner you contact an attorney, the better the chance of securing the evidence your case may depend on.
Dudley DeBosier Injury Lawyers can guide you through the legal process so that an important filing deadline is never missed. Dealing with the courts can be complicated. Our team of New Orleans attorneys is here to help you navigate the system and give you the clarity you need for peace of mind.
Dudley DeBosier Injury Lawyers Can Help
Pursuing a drunk driving claim while recovering from injuries, managing medical appointments, and dealing with the emotional aftermath of a serious crash is an enormous burden. Let Dudley DeBosier’s car crash lawyers in New Orleans take some of the weight off your shoulders.
We can obtain and review the police report, DWI citations, breathalyzer and toxicology records, and any body cam or dashcam footage before it is lost or destroyed.
We can identify all potentially liable parties, communicate with insurance carriers, and document the full scope of your damages.
And if a fair resolution cannot be reached through negotiation, we are prepared to take your case to trial.
Contact Dudley DeBosier now for a free case review. There is no risk to reach out—our No Fee Guarantee® means you pay nothing unless we win.
Drunk Driving FAQ
How Common Is Drunk Driving in New Orleans?
Drunk driving is a leading cause of fatal crashes in New Orleans. The city’s high concentration of bars, restaurants, and entertainment hubs contributes to elevated risk, especially during late-night hours, weekends, and major events like Mardi Gras and Jazz Fest.
What Are Louisiana’s Drunk Driving Laws?
Louisiana law prohibits operating a vehicle while impaired by alcohol or controlled substances. The legal BAC limits are 0.08% for drivers 21 and older, 0.04% for commercial drivers, and 0.02% for drivers under 21.
As of August 2024, the statute uses the term “impaired” rather than “intoxicated,” making clear that any level of impairment affecting safe driving can constitute a violation. A criminal conviction is not required to pursue a civil personal injury claim; the civil standard of proof is lower.
Who Can You Sue in a New Orleans Drunk Driving Accident?
The drunk driver is the primary defendant in most cases. Depending on the circumstances, you may also have claims against the driver’s employer (if the driver was working at the time), the owner of the vehicle (if different from the driver), or an alcohol vendor. Louisiana law generally protects alcohol vendors from liability unless alcohol is served to a person under 21. An attorney can evaluate all potential sources of compensation in your case.
What Compensation Is Available in a Drunk Driving Accident Claim?
Victims may be entitled to pursue compensation for medical expenses (past and future), lost wages and reduced earning capacity, pain and suffering, property damage, and loss of consortium.
In cases involving a driver who showed wanton or reckless disregard for others’ safety, Louisiana also allows courts to award exemplary damages beyond the victim’s actual losses. If a loved one was killed, surviving family members may pursue a wrongful death claim for funeral expenses, lost financial support, and loss of companionship.
How Can a Drunk Driving Accident Lawyer in New Orleans Help Me?
An attorney can manage every aspect of your claim while you focus on recovering. This includes investigating the accident, obtaining evidence (including the police report, DWI records, and surveillance footage), identifying all potentially liable parties, handling insurance negotiations, and taking the case to trial if a fair settlement cannot be reached.
Having legal representation also helps protect you from tactics that insurers sometimes use to minimize or deny claims, including requests for recorded statements and attempts to shift blame onto the victim.
If you or a loved one was injured in a drunk driving accident in New Orleans, contact Dudley DeBosier today for a free consultation. We can help you understand your rights and pursue the compensation you may deserve.
