Drunk Driving Accident Injury Attorneys

The statistics on drunk driving-related injuries are staggering. According to Mothers Against Drunk Driving, someone across the country is severely injured by an intoxicated driver every two minutes. According to LSU’s Center for Analytics & Research in Transportation, there were 2,700 alcohol-related crashes that resulted in injury just in Louisiana in 2020.

If you or someone you love was injured or killed by a drink driver, it is crucial that you hire the right attorney right away. Our team at Malvin Law will fight tirelessly to get you the compensation you deserve.

Why Are Drunk Driving Cases Different?

Punitive Damages

Punitive damage may be recoverable. Punitive damages are awarded when the judicial system wishes to punish bad behavior or gross negligence. Under Louisiana law, however, punitive damages are only available if specifically allowed by statute. Well, Louisiana Civil Code Article 2315.4 does just that. However, you need to prove three things:

1. The driver was intoxicated or had consumed a sufficient quantity of intoxicants to make him lose normal control of his mental and physical faculties;
2. That the intoxication was a cause-in-fact of the resulting injury; and
3. Wanton or reckless disregard for the safety of others.

While this may seem complicated it really boils down to being able to prove that the driver was intoxicated and and that you’re injuries would not have occurred if he or she were not intoxicated. It should also be noted that while drunk driving is typically associated to drinking alcohol, the statute simply uses the term “intoxicated.” Therefore, punitive damages may also be available if the accident was caused by drug impairment.

Louisiana Lacks Dram Shop Laws

You may have heard examples of injured drivers receiving compensation from the bar or venue that overserved the driver that later caused an accident. The laws that hold these bars and venues responsible are called “dram shop” laws. Unfortunately, Louisiana does not have these types of laws, with only one narrow exception. Therefore, in most instances, victims of drunk driving accidents are typically only able to recover from the intoxicated driver.

Get Help from Malvin Law

Drunk driving cases are specialized and require a skilled attorney. Demand the experience and expertise of Malvin Law’s drunk driving injury attorneys. We will ensure you receive everything you deserve!