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After suffering damages in an accident caused by a drunk driver, you have the right to pursue compensation for your losses. A drunk driving crash is not a car accident in the ordinary sense. It is the result of a choice, and that distinction matters when it comes to pursuing compensation. Louisiana law recognizes this, and it allows victims of drunk driving crashes to pursue damages that are not available in most other personal injury cases. If you were injured by a drunk driver in Baton Rouge or anywhere in Louisiana, Fisher Injury Lawyers is ready to help. We have handled drunk driving cases for over 30 years and we work on contingency, meaning you pay nothing unless we recover for you.
Louisiana has one of the highest rates of drunk driving fatalities in the country. According to the Louisiana Highway Safety Commission, alcohol-impaired driving is a factor in roughly one third of all traffic fatalities in the state each year. In East Baton Rouge Parish, DWI-related crashes result in injuries and deaths every year, and the consequences for victims are often severe given the speed and force involved in these collisions.
When a driver gets behind the wheel with a blood alcohol content of .08% or higher, or while impaired by drugs, they are in violation of Louisiana's DWI statute under Louisiana Revised Statute 14:98. That legal violation becomes a critical piece of evidence in your civil case.
The steps you take immediately after a drunk driving crash can significantly affect your ability to recover full compensation.
Here is what you should do:
Call 911 immediately. A police report documenting the crash and any DWI charges or field sobriety tests is critical evidence in your civil case. Get medical attention right away, even if you feel fine. Adrenaline can mask pain from serious injuries including internal bleeding and spinal damage. Document everything you can at the scene: photos of all vehicles, the road, any visible injuries, and the surrounding area. Do not speak with the at-fault driver's insurance company before consulting an attorney. Contact Fisher Injury Lawyers as soon as possible so we can begin preserving evidence, including the police report, toxicology results, and any available surveillance footage, before it is altered or lost.
One of the most important differences between a drunk driving case and a standard car accident case is the availability of punitive damages. Under Louisiana Civil Code Article 2315.4, punitive damages are available when injuries are caused by a driver who was operating a vehicle while intoxicated. Louisiana does not allow punitive damages in most personal injury cases, but drunk driving is one of the specific exceptions.
Punitive damages are awarded not to compensate the victim but to punish the at-fault driver and deter similar conduct. In practice, the availability of punitive damages significantly increases the value of a drunk driving claim and gives our attorneys substantial leverage in settlement negotiations. Insurance companies know that a jury presented with evidence of drunk driving may award punitive damages well beyond the policy limits, which creates strong incentive to settle.
A criminal DWI conviction against the at-fault driver is powerful evidence in your civil case. Under Louisiana law, a guilty plea or conviction can be introduced in civil proceedings and used to establish that the driver was intoxicated at the time of the crash. This can significantly reduce the burden of proving liability on your end.
Importantly, even if the drunk driver is found not guilty in criminal court, or if charges are reduced or dropped, you can still pursue and win your civil case. The burden of proof in civil court is lower than in criminal court. Rather than proving guilt beyond a reasonable doubt, you only need to show it is more likely than not that the driver was impaired and caused your injuries.
Victims of drunk driving accidents in Louisiana may be entitled to both compensatory and punitive damages. Compensatory damages include medical expenses covering emergency care, surgery, hospitalization, rehabilitation, and future treatment; lost income including wages lost during recovery and reduced long-term earning capacity; property damage including vehicle repair or replacement; pain and suffering including physical pain, emotional distress, and loss of enjoyment of life; permanent disability or disfigurement; and loss of consortium if your injuries have affected your relationship with your spouse.
In wrongful death cases, surviving family members may also recover funeral and burial expenses, loss of financial support, and loss of companionship.
Drunk drivers are disproportionately likely to be uninsured or underinsured. If the at-fault driver does not have sufficient coverage to compensate you for your losses, your own UM/UIM coverage may apply. Louisiana law requires insurers to offer uninsured and underinsured motorist coverage, though policyholders may reject it in writing.
Our team will review your policy to determine whether UM/UIM coverage is available and help you pursue every possible source of compensation, including the at-fault driver personally if warranted.
Under Louisiana Civil Code Article 3493.1, victims of crashes occurring on or after July 1, 2024 generally have two years to file a personal injury lawsuit. For crashes that occurred before that date, the previous one-year deadline applies. Wrongful death claims carry a one-year prescriptive period regardless of the crash date.
These deadlines are strict. Missing them eliminates your right to recover entirely. If you were injured in a drunk driving crash, do not wait to get legal representation.
Bryan Fisher and our legal team have been handling drunk driving accident cases in Baton Rouge, East Baton Rouge Parish, and throughout Louisiana for more than 30 years. We have recovered over $200 million in verdicts, judgments, and settlements for our clients. We know how to build drunk driving cases, how to use a DWI conviction as leverage, and how to maximize the value of a claim that includes punitive damages.
We offer free consultations, flexible scheduling including at-home and hospital visits, and remote document signing. You pay nothing unless we win.
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Drunk driving crashes in Baton Rouge are among the most serious personal injury cases under Louisiana law. Unlike a typical collision, a drunk driving crash involves a deliberate choice, and that distinction changes what you may be entitled to recover. When you are facing serious injuries and an insurance company working to limit your payout, experienced legal counsel makes a significant difference.
Between 2005 and 2024, more than 39% of DWI cases in Louisiana involved a blood alcohol concentration between .10 and .20, more than twice the legal limit.
Between 2005-2024, males between the ages of 25 and 34 have been involved in DWI crashes at a higher rate than any other male age group in Louisiana.
From 2005-2024, male drivers have been involved in more than 77% of all DWI crashes in Louisiana.
Since 2005-2024, Saturday has been the most high risk day for DWI crashes in Baton Rouge with Sunday being a close second.
Since 2005-2024, East Baton Rouge Parish has accounted for more than 8.2% of all DWI crashes across Louisiana, the highest rate of any parish in the state.
Between 2005-2024, Mondays through Wednesdays have been consistenly safer days across all months of the year.
In Louisiana, the statute of limitations for personal injury claims is one year from the date of the accident. This is one of the shortest filing windows in the country, so it is critical to consult with an attorney as soon as possible to ensure your claim is filed on time.
If the at-fault driver is uninsured or underinsured, you may be able to seek compensation through your own uninsured/underinsured motorist (UM/UIM) coverage. Louisiana law requires insurers to offer UM/UIM coverage, though drivers can opt out. An experienced attorney can review all available coverage and identify every potential source of compensation for your injuries.
Louisiana's dram shop law allows injured victims to hold a bar, restaurant, or other alcohol-serving establishment partially liable if they served alcohol to a visibly intoxicated person who then caused an accident. If a third party contributed to the driver's intoxication, they may share responsibility for your damages.
Yes. A criminal conviction for DUI or DWI can serve as strong evidence in your civil personal injury case. However, you do not need to wait for a criminal conviction to pursue your claim, and the outcome of the criminal case does not determine the outcome of your civil case. Both proceedings operate independently under different legal standards.
Seek medical attention right away, even if your injuries seem minor. Call 911 so that law enforcement can respond to the scene, document the incident, and conduct sobriety testing on the at-fault driver. If you are able, gather photos of the accident scene, collect contact information from witnesses, and avoid discussing fault with anyone at the scene. Contact a personal injury attorney as soon as possible to protect your rights.
Yes. If a drunk driver caused your injuries, you have the right to pursue a personal injury claim against them for damages including medical expenses, lost wages, pain and suffering, and more. In cases involving drunk driving, you may also be entitled to punitive damages, which are designed to punish particularly reckless behavior.
Smartwatch data is increasingly valuable in Louisiana personal injury cases. Devices like Apple Watches and Fitbits track step counts, heart rate, and sleep patterns, all of which can document how an injury affected your daily life. If you wear a smartwatch, do not delete or reset anything before speaking with an attorney.
Traffic in Baton Rouge can be stressful and dangerous, with drivers losing hours each year to congestion and accidents. Learn which roads and intersections are most prone to crashes and how staying informed and having the right legal support can help keep you safe.
Louisiana’s new greater than 50% fault rule, which took effect in 2026, could significantly impact your ability to recover compensation after an accident. Under the updated law, if you are found more than half at fault, you may receive nothing — even if another party shares responsibility. Learn what changed, why it matters, and how it could affect your personal injury claim.
Our firm is committed to providing strong representation, personal attention, and aggressive advocacy to help clients pursue the compensation they deserve after an accident or injury.
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