Can a drunk driver be sued in civil court in Gardere after causing an accident?

Gardere, LA – Drunk drivers can be punished with various criminal penalties in Louisiana. This is because a substantial amount of the state’s accidents that result in injuries and fatalities are related to intoxicated driving. However, if they injure another person while driving under the influence, it is also possible that the victim will want to bring a separate civil lawsuit against the driver. The civil case is filed for the purposes of collecting monetary compensation for the victim, while the criminal case issues various punishments such as license suspensions, fines, and jail time if the defendant is convicted. The civil lawsuit can proceed even if the defendant is found not guilty or the case is dismissed in criminal court.

The process of bringing a civil case

Much of the process of suing a drunk driver after a crash mirrors other civil accident lawsuits. The victim needs to try to gather evidence from the scene, or at least contact the police so they can investigate and create reports. They should meet with an attorney at a later time to discuss their incident and the specifics of any injuries or property damage. If the client and the attorney agree on representation, the lawyer can start to draft the initial complaint that starts the lawsuit and file it in the local court system. After filing, the defendant will be served with the lawsuit and they must respond to the allegations in the complaint. After the filing, there must also be an information exchange during the discovery process.

The negligence lawsuit

A lawsuit against a drunk driver follows the structure of a standard negligence case. This means that the plaintiff must be shown to have breached their duty of care on the roads, which resulted in various losses.

A significant aspect of a negligence lawsuit is the calculation of damages. This is when the plaintiff makes an argument for compensation that reflects all of the issues caused by the defendant. In accident lawsuits, this tends to include costs of medical treatment, lost income, pain and suffering, as well as property repair costs.

Punitive damages

Punitive damages are meant to compensate victims by punishing the defendant for unacceptable behavior. These are not necessarily tied to the victim’s specific losses. In Louisiana, punitive damages are only available in an accident case if the defendant was driving under the influence of drugs or alcohol at the time that they caused the collision.

Accident lawyers in Louisiana

Miller, Hampton, and Hilgendorf is a trusted personal injury practice that assists clients in Gardere and other parts of Louisiana. Their attorneys can meet with anyone who needs help during an initial consultation.

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205