Getting hit by a car is always a risk for people who choose to walk to their destinations. With so many pedestrians constantly out and about in New Orleans, we are constantly seeing headlines about pedestrians who are seriously injured or tragically killed by drivers. Many dangerous behaviors can lead a driver to hit a pedestrian and one of the most dangerous is drunk driving. Unfortunately, there are many drunk drivers on the roads in New Orleans at almost any time of day, so you should always be aware when you are walking in the city.
One 50-year-old woman was recently killed in New Orleans while she was walking. According to reports, she was crossing the street and a Cadillac slammed into her. She died from her injuries at the scene of the crash. Police then evaluated the driver of the Cadillac, a 32-year-old man. Officers stated the man could not stand up without assistance and performed poorly when undergoing a field sobriety test. When police conducted a breath test, the driver’s blood alcohol content (BAC) measured at 0.288 percent, which is 2.5 times the legal limit of 0.08 percent.
This is only one example of the many people who suffer severe or fatal injuries at the hands of drunk drivers each year in New Orleans. Injured victims and the families of deceased victims have the right to take legal actions to hold drunk drivers accountable for the harm they caused.
Criminal v. Civil Drunk Driving Cases
If a drunk driver is arrested after an accident and charged with one or more crimes, you may think that this criminal case will bring justice to accident victims and their families. However, criminal cases focus on punishing the defendant and not necessarily on compensating victims of the crime. While some restitution may be ordered, the best step to take is to file a separate claim in civil court.
Civil claims arising from a drunk driving pedestrian accident can include personal injury claims and wrongful death claims. In either type of case, you will need to prove that the driver was drunk and that their misconduct caused the injuries in question. If a driver is convicted of driving while intoxicated (DWI) under Louisiana law, that can be used as evidence of their wrongdoing. You will then be responsible for proving the extent of your losses before you can recover.
While convictions can help a civil drunk driving injury case, these claims are still complicated and you only have a short amount of time to take action. Do not wait any longer to call our attorneys for more information today.
Learn How Our New Orleans Pedestrian Accident Lawyers Can Help
The lawyers of Egenberg, APLC, have seen how drunk drivers can cause suffering and tear apart families in New Orleans. Our auto accident attorneys are committed to helping accident victims and we work to fully protect your rights under the law. Call our legal team at (504) 229-5700 or contact us online to schedule your free case evaluation.