If you were injured in a car accident in Louisiana, and the other driver was drunk, you may be able to recover compensation. Louisiana law allows you to pursue damages when another person's actions cause your injuries. Drunk driving crashes often result in serious harm, and the law provides specific remedies for victims. Understanding how these cases work can help you protect your rights and make informed decisions.

Louisiana Law on Drunk Driving Accidents

In Louisiana, it is illegal to operate a vehicle while impaired under Louisiana Revised Statutes § 14:98. A driver may be considered impaired if their blood alcohol concentration is 0.08% or higher or if alcohol or drugs affect their ability to drive safely.

When a drunk driver causes a crash, they can be held legally responsible. Louisiana Civil Code Article 2315 provides that a person who causes damage to another through their fault must repair that damage. This is the foundation of personal injury claims in Louisiana and allows you to seek compensation for injuries caused by a drunk driver.

What Compensation Can You Recover?

If you were hurt in a drunk driving accident, you may be able to recover compensation for your losses. This can include medical bills, lost income, property damage, and pain and suffering. In more serious cases, compensation may also include future medical care and long-term impacts on your life.

Louisiana law also allows for exemplary damages in certain drunk driving cases. Under Louisiana Civil Code Article 2315.4, you may be awarded additional damages if the at-fault driver was intoxicated and their impairment was a cause of your injuries. These damages are meant to punish reckless behavior and discourage others from driving while impaired.

How Fault Affects Your Claim

Even if the other driver was drunk, fault can still be an issue in your case. Under Louisiana Civil Code Article 2323, your compensation could be reduced if you are partially responsible for the accident.

For accidents occurring on or after January 1, 2026, if you are found to be less than 51 percent at fault, your recovery gets reduced by your proportion of fault. If you are 51 percent or more at fault, you may not recover damages. Determining fault often requires a detailed review of the accident, including police reports, witness statements, and other evidence.

Can You Sue a Bar or Restaurant?

You may wonder whether the bar or restaurant that served the drunk driver can also be held responsible. In Louisiana, Louisiana Revised Statutes § 9:2800.1 generally protects alcohol providers from liability when they serve alcohol to someone who is of legal drinking age.

The law states that the consumption of alcohol, not the serving of it, is considered the cause of the injury in most situations. This means that in many cases, you cannot recover damages from the establishment that served the driver.

Time Limits to File a Claim

Louisiana has strict deadlines for filing personal injury claims. Louisiana Civil Code Article 3493.1 generally provides a two-year period to file a claim from the date of the injury for claims arising on or after July 1, 2024.  Missing the applicable deadline can prevent you from recovering compensation, so it is important to act quickly.

Louisiana Drunk Driving Accident Lawyer

If you or a loved one has been injured by a drunk driver in Louisiana, you do not have to face this situation alone. You may have the right to recover compensation, and taking action early can make a difference in your case. Contact Delsa Law Firm, LLC by calling (985) 882-1222 or contacting us online for a free consultation with attorney Delsa regarding your legal rights and options.