Louisiana Drunk Driving Attorneys

High-Stakes Advocates for Drunk Driving Victims Across Louisiana

When a drunk driver causes a crash, the injuries can be catastrophic and the financial consequences overwhelming. Our firm has recovered over $1 billion in verdicts and settlements for injured people across Louisiana, including the state’s largest single-injury verdict: $117 million on behalf of a mother hurt in an ambulance accident. We take cases that other firms turn away, and we’re prepared to go to trial when insurers won’t act fairly.

Victims of drunk driving accidents often face serious injuries that cost them their careers, their mobility, their independence, and their futures. As Louisiana drunk driving injury lawyers, our job is to pursue what victims need to rebuild their lives, from lost wages and medical bills to compensation for loss of enjoyment and companionship. We work on contingency, meaning you pay nothing unless we win.

When we take on a drunk driving case in Louisiana, we look beyond the crash report to understand how the collision has changed every part of a client’s life. That includes the impact on their ability to work, to care for family members, and to participate in the day-to-day activities that once brought them joy. We consult with medical providers, review treatment plans, and assess how long recovery may take so that any resolution reflects both current and future needs, not just the bills that have arrived so far.

Many drunk driving wrecks happen on major Louisiana roads like I-10, I-12, and I-20, where higher speeds often lead to more severe injuries. Crashes on these corridors can involve multiple vehicles, commercial drivers, or visitors passing through the state, which makes the legal and insurance issues more complex. Our role is to untangle those complications so you can focus on healing while we pursue accountability from every responsible party.

Call the Louisiana drunk driving accident attorneys at Clayton, Frugé & Ward today at (225) 209-9943 for a free consultation.

The Dangers of Drunk Driving in Louisiana

Impaired driving contributed to approximately 30% of fatal crashes in Louisiana in 2023, according to the Louisiana Highway Safety Commission. Louisiana’s rate of drunk driving fatalities has historically exceeded the national average, which means the stakes for victims here are not abstract. Every year, real families confront crushing medical debt, lost income, and permanent disability because someone chose to drive after drinking.

Alcohol impairs judgment, slows reaction time, and reduces coordination at levels below the legal 0.08% BAC threshold. Drivers can be dangerously impaired without being legally drunk, and the destruction they cause is no less real. The number of impaired trips taken each year is far higher than the number of arrests, which means many victims only get justice through a civil claim.

A criminal conviction for OWI (operating while impaired) under Louisiana RS 14:98 punishes the offender, but it doesn’t automatically pay for a victim’s medical care, lost income, or long-term needs. A separate civil claim allows injured people and grieving families to seek compensation directly from the drunk driver and, in some situations, from additional at-fault parties. The civil case and the criminal case run on separate timelines in separate courts. One doesn’t need to conclude before the other begins.

State law also gives injured people the right to request and use evidence gathered during the criminal investigation. Breath or blood test results, field sobriety observations, crash reports, and body camera footage gathered by law enforcement can all become powerful proof in a civil case. As experienced drunk driving accident lawyers serving Louisiana, we know how to obtain this evidence and build a clear picture of what happened.

Louisiana Drunk Driving Laws & Your Civil Case

After a serious crash with an impaired driver, many people are unsure how Louisiana’s drunk driving laws affect their ability to file a personal injury or a wrongful death claim. Louisiana RS 14:98 defines OWI as operating any motor vehicle, aircraft, watercraft, or other means of conveyance while impaired by alcohol, a controlled dangerous substance, or a combination, or while a driver’s BAC is 0.08% or higher. In Louisiana, “DWI,” “DUI,” “OWI,” and “OUI” all refer to the same offense under the same statute.

A criminal OWI conviction isn’t required to win a civil claim. In civil court, the plaintiff must prove four elements of negligence: duty, breach, causation, and damages. That’s a different standard than the criminal burden of proof, and the two proceedings move independently. Understanding how they interact reduces confusion and helps victims act before critical deadlines pass.

Louisiana law sets prescriptive periods, which are deadlines for bringing civil claims. Generally, personal injury claims arising from car accidents carry a two-year prescriptive period under Louisiana Civil Code Article 3493.1. Wrongful death claims are generally subject to a one-year prescriptive period from the date of death under Louisiana Civil Code Article 2315.2. Because each situation is different and timing rules can be complex, individualized guidance matters. Acting promptly allows your legal team to preserve evidence, speak with witnesses while memories are fresh, and document injuries at facilities such as University Medical Center in New Orleans, Our Lady of the Lake Regional Medical Center in Baton Rouge, or other hospitals across the state.

Under Louisiana Civil Code Article 2315.4, exemplary damages (also known as “punitive damages”) may be available in drunk driving cases where the plaintiff proves that the injuries were caused by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries, and whose conduct showed a wanton or reckless disregard for the rights and safety of others. Louisiana law also generally doesn’t impose liability on bars or social hosts who serve alcohol to a person of legal drinking age who later causes a crash, though limited, fact-specific exceptions exist. Whether any of these apply in a given case depends heavily on the details, which is why a consultation with our team is a good starting point.

What to Do After a Drunk Driving Accident in Louisiana

The minutes, hours, and days after a drunk driving wreck can feel overwhelming, especially if you or a loved one has been seriously hurt. Taking a few key steps can help protect your health and your ability to pursue a claim later, even if you aren’t yet sure you want to file a lawsuit.

Here’s what to do if you or someone you love was involved in a drunk driving accident:

• If you can do so safely, call 911 and cooperate with law enforcement. Make sure an official report is made.
• Let responding officers know if you suspect the other driver is impaired and point out any signs you observed, such as the smell of alcohol, slurred speech, or open containers in the vehicle.
• Seek medical attention right away, whether through emergency services at the scene or by visiting an emergency room or urgent care clinic later that day. Prompt treatment creates a record of your injuries and can uncover issues that are not always obvious immediately after the collision.
• Preserve information that may matter later: save photos of the crash scene, keep copies of discharge papers, and write down the names of any witnesses who stopped to help.
• Avoid discussing fault with the other driver or on social media, and be cautious about providing recorded statements to insurance companies before you understand your rights.
• Contact a drunk driving accident attorney as soon as possible and bring any information you have to your consultation so we can evaluate your situation and explain your options.

How Our Louisiana Drunk Driving Accident Lawyers Can Help

Hiring the right legal team after a drunk driving crash can be the difference between a settlement that falls short and one that reflects the true cost of what you’ve been through. Our trial attorneys are prepared to take your case to court if the insurance company refuses to do what’s right. We’ve secured multi-million-dollar verdicts of $411 million, $171 million, $117 million, and $75 million by refusing to accept inadequate offers. You can review our full case results here.

When you reach out after a crash, we review how the collision happened, explain how Louisiana law applies, and identify all potential sources of compensation. Many drunk driving crashes involve minimum-limits insurance policies that are quickly exhausted by serious injuries. Identifying your own uninsured/underinsured motorist (UM/UIM) coverage at the outset is often important to pursuing full recovery, and it’s one of the first things we look for.

We also handle all communications with insurance adjusters so you don’t feel pressured into accepting a low offer or making statements that could be taken out of context. You stay informed throughout the process, from investigation through negotiations and any court dates, so there are no surprises about where your case stands.

Here’s how we can assist you after a drunk driving crash:

• Reviewing the facts by going through the accident report, your recollection of events, and any photos or documents you’ve gathered.
• Explaining your options under Louisiana law so you understand the difference between an insurance claim and a lawsuit and what each path may involve.
• Communicating with insurers on your behalf to help protect you from pressure, low settlement offers, or confusing requests for information.
• Tracking important deadlines and next steps so your claim moves forward while you focus on medical treatment and recovery.
• Pursuing compensation, including economic damages like medical expenses, lost wages, and future earning capacity, as well as non-economic damages like pain and suffering, emotional distress, and loss of consortium.
• Supporting wrongful death families in pursuing funeral costs, loss of financial support, and loss of companionship through a wrongful death claim.

We accept tough cases that other firms have rejected. Our team is skilled at identifying how to improve the odds even in complex situations, and we bring the analytical and strategic resources needed to see those cases through. If you’ve been injured in a drunk driving crash or lost a family member, the personal injury team at Clayton, Frugé & Ward is ready to stand beside you.

Frequently Asked Questions

Do I Have to Wait for the Criminal Case to Finish Before Filing a Civil Drunk Driving Accident Claim?

No. A civil claim can proceed independently of and simultaneously with any criminal case against the drunk driver. In fact, waiting can cost you time under Louisiana’s prescriptive period. The criminal case and the civil case move on separate timelines in separate courts. Starting early allows your legal team to preserve evidence and meet filing deadlines without depending on the outcome of a criminal prosecution.

What If the Drunk Driver Had No Insurance or Minimal Coverage?

If the at-fault driver carried no insurance or only a minimum-limits policy, your own uninsured/underinsured motorist (UM/UIM) coverage may provide a path to additional compensation. Many victims don’t realize this option exists until an attorney reviews all available policies. Identifying every source of coverage at the outset is a core part of what we do. A free consultation can help you understand what may be available in your specific situation. Call us at (225) 209-9943 to get started.

If you have been injured in an accident, call the Louisiana drunk driving accident attorneys at Clayton, Frugé & Ward today: (225) 209-9943. Your consultation is free, and you do not pay unless we win your case.