A Tragedy on I-310: Drunk Driving, Loss, and Punitive Damages in Louisiana
The holiday season is supposed to be a time for joy and celebration, but for the family and friends of Daysha Carter, Christmas will forever be marred by tragedy. On December 26, 2023, while driving north on Interstate 310, Daysha’s life was cut short by a drunk driver. This senseless act not only leaves a gaping hole in their lives, but also raises important questions about accountability and justice in cases like this.
One potential avenue for seeking accountability beyond compensatory damages and criminal charges is through punitive damages. Louisiana is the only state in the country that relies on the civil law system, which stems from French and Spanish codes. In keeping with that tradition, Louisiana does not permit punitive damages in cases unless provided explicitly by code.
In the case of drunk driving, LA. C.C. art. 2315.4 entitles the victims to recover punitive damages if three elements are established:
- The at-fault driver in the accident was intoxicated or had consumed a sufficient quantity of drugs or alcohol to make them lose standard control of their mental and physical faculties.
- Their intoxication was the cause-in-fact of your car accident injuries.
- The car accident injuries were caused by the drunk driver’s wanton or reckless disregard for the rights and safety of others.
If the plaintiff proves these elements as required by La. C.C. art. 2315.4, the court is permitted to consider a monetary award for punitive damages in order to punish the defendant’s inherently dangerous actions.
What Do if Hit by a Drunk Driver
- Immediately report the car accident to the authorities. Tell the responding officer that you suspect the other driver in the car accident may be drunk. Include this suspicion in any written statements you make. Additionally, obtain a copy of the police report of the car accident and immediately contact a personal injury attorney.
- Take photographs. Write down as many details as you can about how the accident happened.
- Record eyewitness testimonies of the other driver’s conduct. Get their contact information.
- Consider seeking legal counsel before talking to your insurance company.
Disclaimer
For Educational Purposes Only
This blog entry discusses a recent accident for informational and educational purposes only. It does not constitute legal advice and should not be construed as such. The information provided is based on publicly available information and general legal principles, and may not be applicable to the specific facts and circumstances of this or any other situation.
Neither Malvin Law, LLC nor any of its attorneys represent the victim or any other party involved in this accident.
If you have been injured in an accident, you should consult with a qualified personal injury attorney to discuss your specific legal rights and options. An attorney can review your case, advise you of the applicable laws, and help you determine the best course of action to protect your interests.
We encourage you to seek legal counsel if you have any questions or concerns about your own legal situation.
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