Did a Drunk Driver Injure You? We Can Fight for Your Rights to Recovery
Despite strict laws against drunk driving and efforts to educate the public about the huge risks of drunk driving, each year in Louisiana many people continue to suffer serious injuries and lose loved ones in accidents caused by impaired drivers. According to data published by the National Highway Traffic Safety Administration (NHTSA), 35 percent of fatal traffic accidents in 2016 involved a driver with alcohol in their system. This means that drivers who had been drinking took 268 lives in our state in a single year. In 20 percent of accidents, drivers had blood alcohol content (BAC) levels over 0.15 percent – well over the legal limit of 0.08 percent. In addition to these reported fatalities, thousands of people suffered injuries in drunk driving accidents.
Drunk drivers are a threat to everyone on the road. When drunk drivers cause harm, they should be held liable to the full extent of the law. Not only will they likely face criminal charges and penalties, but they should also be required to fully compensate injured victims—and the families of those killed—for their losses.
After a drunk driver hits you, it is only natural to want to seek justice. However, obtaining compensation for your losses is never simple. It involves multiple steps and often complex legal issues. You need a highly experienced New Orleans drunk driving accident lawyer on your side. At the law form of Egenberg, APLC, we are committed to helping accident victims and their families. Call us at 504-229-5700 or contact us online to learn more about how we can protect your rights.
Proving Your Drunk Driving Claim
Even when an at-fault driver showed evident signs of intoxication after an accident, neither an insurance company nor a court will simply take your word for it. Instead, you must provide evidence and meet the requisite standard of proof to hold a drunk driver legally responsible for an accident. Make sure to call the police if a driver seems impaired. Police can perform roadside tests to measure the driver’s BAC or otherwise obtain evidence to prove that the driver was violating the law. If the driver fails roadside sobriety and chemical tests, police will likely arrest the driver and bring charges of operating a vehicle while intoxicated. If the driver is convicted, you can that conviction as proof that the driver was negligent as a matter of law. Your attorney can also work to obtain any BAC tests and other evidence from police of drunk driving to use in your case if necessary.
Even if no arrest took place, a skilled attorney will still have ways to prove the negligence of a drunk driver. For example, witnesses may have seen the driver operating their vehicle erratically or showing signs of intoxication at the scene of the crash. Just because a driver was not arrested does not mean you cannot prevail on a legal claim against that driver. In either situation, you should still discuss your legal rights and options with a drunk driving accident attorney.
In addition to proving liability, you also must prove the value of your losses. You cannot simply state an amount and expect to receive it without providing supporting evidence. Some losses can be easier to prove than others. For example, you can prove medical expenses by presenting the bills you received from your treatment providers. You can prove lost wages by providing timesheets and pay statements. However, not all losses can be proven with financial documents.
Victims of drunk drivers also often suffer non-economic damages, which are not tied directly to a dollar amount. These damages can be more difficult to calculate and prove, though they represent real losses associated with severe car accident injuries. Non-economic losses can include:
- Pain and suffering
- Mental distress and trauma
- Loss of enjoyment of life
- Permanent disability and impairments
- Wrongful death of a loved one
Because the injuries suffered in a drunk driving accident can be devastating, these intangible losses are common and often substantial. It is essential that your attorney has the resources and knowledge to calculate your noneconomic losses to ensure you seek the maximum value of your claim. At Egenberg, APLC, we consider all of your past and future losses to ensure you can move forward with the full financial recovery you deserve.
Helping You Every Step of the Way
Dealing with insurance claims and the civil court system is time-consuming and stressful for accident victims, especially if you are also trying to deal with a life-changing injury. Insurance adjusters can be difficult, challenge your claims, and cause delays, all of which can cause injured victims to become frustrated and lose hope. This is why our law firm is committed to handling all aspects of your claim so that you can focus on your physical recovery, while we take care of maximizing your recovery of financial compensation to place you in best position possible to move forward with your life.
We will try to resolve your claim as efficiently as possible, while advocating for your right to a fair settlement. We are also not hesitant to file a lawsuit if needed to obtain full and fair compensation for you. We are experienced litigators who know how to navigate the civil court system to seek justice for you and your family.
Contact an Experienced New Orleans Distracted Driving Lawyer for More Information
The law firm of Egenberg, APLC has helped many clients pursue claims for personal injury or wrongful death after a serious drunk driving accident. We know that the aftermath of these crashes can be painful and challenging and we are here to help victims any way we can. We offer free consultations so we can evaluate your situation and advise you of your options, as well as provide you with answers to your questions. Please do not hesitate to call 504-229-5700 or contact us online for more information about our legal services today.