How is a drunk driver in Port Allen determined to be at fault?

Port Allen, LA – When someone needs to receive compensation through an insurance claim or lawsuit after a motor vehicle accident, fault is an important way to determine who must cover the costs of the incident. The conclusions regarding issues related to fault are highly dependent on the specific facts about things like what the drivers were doing, the environment and road conditions, and any other factors that could have contributed to the crash and associated injuries. Because these issues are so fact dependent, advice from attorneys near me is recommended to get more specific information.

Fault in civil lawsuits

Fault in a civil accident case is decided based on the actions of the drivers immediately before the crash. In most situations, things like speeding, illegal lane changes, going through stop signs, or distracted driving are considered evidence of fault or negligence because they are traffic violations. Generally speaking, courts use an analysis based on what a reasonable driver would have done in the same situation, and any deviations from this standard such as illegal behaviors are relevant to the issue of fault. Aside from traffic violations, any other failures to exercise reasonable care can be important as well.

Driving under the influence of alcohol or drugs can be considered in this manner as well, although it is not necessarily required to prove that the person was intoxicated for them to be at fault for the crash. It can be among one of many pieces of evidence, but because drunk driving is so dangerous it can potentially be the deciding factor in some cases as well. Driving after consuming alcohol or drugs is also considered a reckless action under Louisiana law that can result in the plaintiff being awarded punitive damages to punish the defendant.

Criminal charges

Any criminal cases pending against the defendant will be decided separately from the issue of fault in a civil lawsuit. The driver can face things like jail time, fines, and a driver’s license suspension if they are convicted. However whether the person is convicted or not does not affect the victim’s ability to bring a civil case or whether they will be successful in reaching a settlement. Criminal cases are also not likely to result in any kind of significant restitution or compensation for the victim, which is why a civil lawsuit is often necessary as well.

Louisiana accident lawyers

Miller, Hampton, and Hilgendorf is a firm that works with accident victims in Port Allen and other cities in Louisiana. Their attorneys are experienced in all aspects of the process to bring a civil case for compensation against a driver at fault.

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205