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Injured in a Car Accident with A Drunk Driver? Get Gordon!
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Louisianians are known for our love of parties, many of which involve drinking alcohol. However, we should all make sure we have a designated driver before we arrive, to ensure no one drives under the influence and causes a car wreck.
DUI accidents are a common cause of property damage and bodily injury. In 2020 alone, Louisiana saw over 11,000 accidents caused by DUI. While that was a decrease from 2019’s 17,000 accidents, it’s still higher than the national average.
If you’ve been drinking, it’s simple: don’t drive. If you’ve been injured during a crash involving a drunk driver, you may be entitled to financial compensation for your injuries. Contact an experienced Louisiana injury lawyer today to discuss your legal options.
What’s the Difference Between DWI, DUI, OWI, and OUI?
Some states differentiate between DWI (driving while intoxicated) and DUI (driving under the influence). Some others also have laws regarding OWI (operating while intoxicated) and OUI (operating under the influence).
In Louisiana, all of these—DWI, DUI, OWI, and OUI—are all covered under the same statute. LA RS 14:98 defines OWI as “the operating of any motor vehicle, watercraft, vessel, or other means of conveyance” while any of the following apply:
- The driver is under the influence of alcohol
- The driver’s blood alcohol concentration (BAC) is 0.08 percent or more
- The driver is under the influence of a controlled substance
- The driver is under the influence of a combination of alcohol and a legal drug, or a combination of legally-available drugs
One of the knowledgeable drunk driving accident lawyers on the Get Gordon Team can review the details of your case and tell you if you have a good case. Call today for your free consultation.
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Drunk Driving Is a Crime in Louisiana
DUIs are illegal under Louisiana law. Drunk driving can be punished by a fine, jail time, and suspension of the driver’s license. Repeat offenders and drivers with especially high BACs can receive higher penalties and harsher punishments.
Even after the criminal case—where the state of Louisiana is the plaintiff against the drunk driver—you can file a civil claim against them if you were injured in the crash. If your loved one was killed in a drunk driving accident, our DUI accident lawyers can help you file a wrongful death suit as well.
Louisiana Penalties for Drunk Driving
The minimum mandatory penalties on drivers with a BAC above 0.08 percent, or those who refuse to submit to a breath, blood, or urine blood-alcohol test, include the following:
- First DUI Conviction
- A fine of $300–$1000
- Imprisonment from 10 days to 6 months
- Possible order to perform community service
- Probation, with a minimum condition of 2 days in jail, court-approved substance abuse program, and court-approved driver improvement program
- Second DUI Conviction
- A fine of $750–$1000
- Imprisonment from 30 days to 6 months
- 48 mandatory days of jail time without parole
- Possible order to perform community service
- Probation, with 15-day jail stay and substance abuse training
- Third DUI Conviction
- A fine of $2000
- Imprisonment for 1–5 years
- 30 8-hour days of community service
- Psychological evaluation
- Participation in a court-appointed treatment program
- DUI Vehicular Homicide
- Not less than 5 years or more than 30 years in prison
- A fine of not less than $2,000 or more than $15,000
Proving Liability in a Drunk Driving Accident
While an DWI conviction will help your civil case immensely when seeking damages, a conviction is not necessary to recover compensation. Your DUI accident attorney only needs to prove four things in civil court in order to get you the money you need to heal:
- The driver had a duty of care to keep you and others on the road safe, by obeying traffic laws and staying sober
- The driver failed in providing that duty of care
- That failure resulted in an accident
- That accident caused you to suffer physical and financial harm
We don’t need to prove the at-fault driver was drunk in order to prove they were liable for your injuries. In many car wreck cases, a driver can be found liable simply because they caused the accident while violating traffic laws.
Regardless of what caused your DUI accident injury, wether you were hit by a truck or a car, call Gordon McKernan Injury Attorneys today for a FREE consultation.
Types of Compensation from a Drunk Driving Accident Injury
Gordon McKernan Injury Attorneys will fight for your interests against those of the other driver and their insurance. If you’re a victim of a drunk driving accident, you may be entitled to damages in a number of areas:
- Loss of wages, both now and in the future if your injury prevents you from working
- Emotional trauma from the accident and its aftermath, including wrongful death damages if a loved one died as a result of the accident
- Pain and suffering, including a decreased quality of life
- Present and future medical costs, including hospital bills
Remember, insurance companies aren’t concerned with your well-being, but with their bottom line. They want to settle your claim as quickly and cheaply as possible. You might get a call from your insurance, or from the other driver’s, offering a quick settlement payment. Do not accept any settlements until you’ve called a lawyer!
An experienced Louisiana drunk driving accident lawyer will know what your case is worth, no matter if you were hit by a car in a crosswalk, if you were hit while riding a motorcycle, or even if you were in your parked car. Call Gordon McKernan Injury Attorneys today for a FREE consultation.
Why You Need an Experienced DUI Car Accident Lawyer
Drunk driving injury claims can be complex. The experienced team of drunk driving injury attorneys at Gordon McKernan Injury Attorneys are experienced litigators, and can represent your interests against those of the other parties involved. We’re confident we can get you the compensation you need to heal, even if that fight takes us to court.
Over the history of our personal injury law firm, we’ve helped our clients recover $3 Billion in damages. We can help you as well. Give us a call at 888.501.7888 today for a free, no-risk consultation. If we don’t win your case, you pay us nothing—that’s the G Guarantee!
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At Gordon Mckernan Injury Attorneys, we understand that emotional and physical recovery come hand and hand after an injury or accident. We also know that you may not have the energy or time to fight with an insurance company and the complexities of your personal injury claim.
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If you or a loved one has been injured, don't wait— contact Gordon McKernan Injury Attorneys today for a free consultation. Our team is ready to fight for you and secure the compensation you deserve.
With over 30 years of experience, a proven track record of success, and a commitment to client care, we are the best personal injury attorneys in Louisiana to handle your case.
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Office Locations
Denham Springs Office
163 Del Orleans Ave., Denham Springs, LA 70726
Gonzales Office
220 S. Burnside Ave. Gonzales, LA 70737
New Orleans Office
3900 Veterans Memorial Blvd. STE 300 Metairie, LA 70002
Zachary Office
4361 Main St. Zachary, LA 70791
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