Do You Need a Lawyer after a Drunk Driving Accident?

Posted on by bradeg

Many people who suffer injuries in accidents caused by drunk drivers can believe that hiring an attorney will not be necessary because negligence is clear in their case, but the same people need to understand that there can still be complications in recovering financial compensation that make it important for any victim to invest in retaining legal counsel. When you are dealing with any kind of injury or death stemming from a drunk driving accident in Louisiana, you can only benefit from having a New Orleans drunk driving accident lawyer on your side.

The most recent Louisiana Department of Transportation and Development Traffic Safety Data Report shows that 40.1 percent of traffic fatalities in the state were alcohol-related. The statistics also showed that 301 of 762 fatal crashes involved alcohol, with drivers having blood alcohol concentrations (BACs) of 0.02 or greater accounting for 225 crashes, drivers having blood alcohol concentrations (BACs) of 0.10 or greater accounting for 167 crashes, drivers having blood alcohol concentrations (BACs) of 0.2001 or greater accounting for 55 crashes.

 

Reasons Why a Personal Injury Attorney is Important for Drunk Driving Accident Cases

When you suffer injuries in an accident caused by a drunk driver, you are right to want to seek as much financial compensation as will be possible in your case. You should not count on an insurance company for the negligent driver to be willing to provide that, though.

Chances are very likely that an insurance company will do whatever it can to minimize what it pays you, even when its driver was clearly under the influence at the time of a crash. When you have a lawyer working on your behalf, they will know how to negotiate the fairest and fullest settlement to your case effectively.

By retaining legal counsel, you will have a far better chance of recovering all of the different kinds of damages that may be applicable in your case. For example, you may be entitled to compensation for medical bills, lost wages, rehabilitation expenses, and many noneconomic damages like pain and suffering, emotional distress, or others.

Another important aspect of a drunk driving case is that the negligent driver may not be the only party who is liable in your case, and an attorney will benefit you by determining every single party that could be held responsible. Louisiana does not have the same dram ship laws as other states that allow people to sue merchants or social hosts who intoxicate guests, but there are certain exceptions to Louisiana Revised Statute § 2800.1.

While the state law essentially provides that drunk drivers are the only ones responsible for their actions, three important exceptions exist to this law. First, an establishment can be liable for selling alcohol to a person who was under the legal drinking age, a party can be liable if they forced an individual against their will to become intoxicated, or a party could also be liable for serving non-alcoholic drinks that actually contained alcohol. 

 

Call Us Today to Speak with a New Orleans Drunk Driving Accident Lawyer

Did you suffer severe injuries or did your loved one die in a drunk driving accident in Louisiana, Texas, or another location in the Gulf Coast region? Make sure that you do not fail to contact Egenberg Trial Lawyers for complete assistance in recovering the most possible compensation for your injury case.

Our firm knows how to investigate drunk driving crashes and identify every single liable party, so you will be confident that you are able to get as much money as is available in your case. Call (504) 229-3117 or contact us online to set up a free consultation with our New Orleans drunk driving accident lawyer.

Drunk Drivers Can Kill Pedestrians

Posted on by bradeg

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.

Fatigued Driving Can Be Similar to Drunk Driving

Posted on by bradeg

Driving while fatigued is a common problem in the United States, and it’s not limited to commercial truck drivers. In fact, a recent study conducted by the Sleep Foundation found that one-third of all drivers interviewed confessed to falling asleep at the wheel at least once. Although many people assume that fatigue can be overcome by a strong cup of coffee, the science shows a jolt of caffeine might not be enough to drive safely when you’re tired. In fact, staying awake for 24 hours is equivalent to having a 0.10 blood alcohol content (BAC). In Louisiana, a 0.08 or higher BAC is enough to result in a DUI charge. When you look at it that way, driving while tired is not a mere inconvenience; it’s a danger to you and everyone else on the road.

Signs a Driver is Fatigued

It’s important to watch out for other drivers who may be fatigued and not paying attention to others on the road. Signs of a fatigued driver are similar to those you might recognize with a drunk driver. Common signs that a driver is fatigued include:

  • Sudden braking for no apparent reason
  • Swerving back and forth between lanes
  • Drifting onto the shoulder
  • Driving below the speed limit
  • Any other erratic or dangerous driving
  • What to Do if You Suspect a Fatigued Driver on the Road

Identifying a potentially fatigued driver is the first step, but once you’ve recognized the signs, what can you do to protect yourself?

If needed, pull over to the side of the road until the fatigued driver is well past.

If you believe the driver is acting dangerously and could potentially harm other cars on the road, call 911 to report them. It’s best to exit the road or have someone else make this call so you can focus on driving. Be prepared to provide helpful information including the make, model, and color of the car, the license plate number, and the location of the fatigued driver.

If necessary, pass the car carefully and give yourself plenty of room to maneuver your car if the fatigued driver encroaches into your lane.

Call an Experienced New Orleans, LA Car Accident Lawyer Today

If you’ve been injured in a car accident and you suspect the driver at fault was fatigued, it can be difficult to prove. A car accident is typically unexpected, and the aftermath can be difficult to handle. Medical bills and having to miss work while you recuperate can add to the stress of an already challenging situation. When you find yourself in this situation, pursuing legal remedies against the at-fault driver can feel overwhelming. The skilled car accident attorneys at Egenberg, APLC are dedicated to fighting for the rights of clients who have suffered injuries in car accidents, and we are here to help. We will work to protect your rights to fair and just compensation for your damages. Contact us today online or call us at 504-229-5700 to schedule a free initial consultation.

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