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Drunk Driving Accidents in New Orleans: Your Rights to Punitive Damages and Full Compensation
Last Updated: December 1, 2025 | By Daryl A. Gray, Managing Partner at Wright Gray Harris Trial Law
If a drunk driver hit you in New Orleans, you’re probably feeling a mix of emotions right now: anger, pain, confusion, maybe even guilt (though you did nothing wrong). You might be wondering whether you’ll recover fully, how you’ll pay mounting medical bills, or whether the justice system will actually hold this person accountable.
Here’s what you need to know right now: Louisiana law gives drunk driving victims rights that go far beyond typical car accident cases. You’re not just entitled to compensation for your medical bills and lost wages, you may also be entitled to punitive damages designed to punish the drunk driver and send a message that this behavior will not be tolerated.
After six years of representing car accident victims throughout Louisiana, I’ve seen how drunk driving crashes are different. The injuries are often more severe. The emotional trauma runs deeper. And the legal options available to victims are more powerful, if you know how to use them.
This isn’t a generic overview of drunk driving law. This is a comprehensive guide to your specific rights as a drunk driving victim in New Orleans, including the one form of compensation most lawyers barely mention but that could double or triple your settlement value.
The Drunk Driving Crisis in New Orleans: It's Personal Here
New Orleans has a complicated relationship with alcohol. We’re the city of Mardi Gras, Jazz Fest, Saints game days, and 24/7 Bourbon Street. Our festivals are legendary. Our drinking culture is woven into the fabric of who we are.
But that culture comes with consequences.
The Sobering Statistics
According to the National Highway Traffic Safety Administration (NHTSA), drunk driving kills 37 people every single day in America. That’s one person every 39 minutes. Thirty percent of all traffic fatalities involve alcohol.
In Louisiana, the numbers are even worse:
- Louisiana consistently ranks in the top 10 states for drunk driving fatalities per capita
- In 2024, 27.47% of Louisiana’s 699 fatal crashes were alcohol-related, resulting in 206 deaths
- Orleans Parish, East Baton Rouge, Lafayette, and Jefferson parishes lead the state in DUI arrests
- The New Orleans Police Department arrests approximately 600 drunk drivers annually in the NOPD area alone
- In 2021, drunk drivers caused 36% of all traffic fatalities in Louisiana
But here’s what statistics don’t capture: the mother who can’t work anymore because of a traumatic brain injury, the father who lost his daughter on her way home from college, the young professional whose promising career ended in a wheelchair because someone decided to drive home from the French Quarter after eight drinks.
Every one of those statistics is a real person whose life was shattered by someone else’s selfish, criminal decision.
Why Drunk Driving Accidents Are Different (And Why Your Case Is Worth More)
If you’ve been researching car accident claims, you’ve probably seen articles about “average settlement values” ranging from $15,000 to $100,000. Those numbers might apply to regular fender-benders or even moderate injury crashes.
But drunk driving cases are in a different category entirely.
Three Critical Differences:
- The Injuries Are Usually More Severe
Drunk drivers don’t just make small mistakes. They:
- Drive at excessive speeds without realizing it
- Run red lights and stop signs
- Cross center lines into oncoming traffic
- Fail to brake before impact
- Cause high-speed, head-on, or T-bone collisions
The result? More catastrophic injuries:
- Traumatic brain injuries (TBI)
- Spinal cord damage and paralysis
- Multiple bone fractures
- Internal organ damage
- Severe burns (in crashes that cause fires)
- Wrongful death
2. Liability Is Usually Crystal Clear
In typical car accidents, there’s often debate about who was at fault. Insurance companies argue about comparative fault, traffic signals, visibility, and who had the right of way.
In drunk driving cases, the facts speak for themselves:
✅ Police report documenting the DUI arrest
✅ Blood Alcohol Content (BAC) test results
✅ Field sobriety test failures
✅ Witness testimony about erratic driving
✅ Possible dashcam or surveillance footage
✅ Often a criminal conviction for DWI/DUI
When a driver has a 0.15% BAC (nearly double the legal limit), there’s no argument about who caused the crash. That clarity translates to stronger settlement leverage.
3. You’re Entitled to Punitive Damages Under Louisiana Law
This is the game-changer most victims don’t know about.
In regular car accident cases, you can recover:
- Economic damages (medical bills, lost wages, property damage)
- Non-economic damages (pain and suffering, emotional distress)
But in drunk driving cases, Louisiana law adds a third category:
Punitive damages (also called “exemplary damages” in Louisiana) are specifically designed to punish the drunk driver and deter others from similar conduct.
And here’s the critical part: punitive damages can dramatically increase your total settlement, sometimes doubling or tripling what you’d receive in a standard accident case.
Louisiana's Punitive Damages Law: Your Secret Weapon
Most personal injury cases in Louisiana do not allow punitive damages. Louisiana law generally limits recovery to actual economic and non-economic losses.
But drunk driving is the exception.
Louisiana Civil Code Article 2315.4
This statute explicitly authorizes punitive damages when someone causes injury “while intoxicated or under the influence of alcohol or drugs.”
Here’s the exact legal standard from La. C.C. Art. 2315.4:
“In addition to general and special damages, exemplary damages may be awarded, if it is proved that the injuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.”
Translation: If a drunk driver injures you, and you can prove their intoxication showed “wanton or reckless disregard” for others’ safety, you can seek damages beyond just compensating your losses, you can seek damages meant to punish them.
The Three Elements You Must Prove
To recover punitive damages under Louisiana law, you must establish:
- The defendant was intoxicated or under the influence
Evidence: BAC test results, police observations, field sobriety test failures, witness testimony - The intoxication was a “cause in fact” of your injuries
Meaning: The drunk driving directly contributed to the crash that hurt you - The defendant acted with “wanton or reckless disregard” for the rights and safety of others
This is usually the easiest element in drunk driving cases, choosing to drive while severely impaired inherently demonstrates reckless disregard
What “Wanton or Reckless” Means
Louisiana courts have interpreted this standard in cases like Bourgeois v. State Farm and similar precedents. Courts consider factors like:
- How intoxicated was the driver? (BAC significantly over 0.08% strengthens the case)
- Were there aggravating circumstances? (excessive speeding, running red lights, fleeing the scene)
- Was this a repeat offense? (prior DUI convictions show a pattern of disregard)
- Did the driver know they were too impaired? (witnesses saw them stumbling before getting behind the wheel)
In practice, most drunk driving cases easily meet this standard. A driver with a 0.15% BAC who runs a red light at 60 mph in a 35 zone is exhibiting textbook “wanton and reckless” behavior.
How Much Are Punitive Damages Worth?
Louisiana law doesn’t cap punitive damages in DUI cases the way some states do. The amount depends on:
- The severity of the drunk driver’s conduct
- The severity of your injuries
- The need to deter similar future conduct
- The defendant’s financial circumstances
In my experience, punitive damage awards in Louisiana drunk driving cases typically range from:
- $10,000 – $50,000 for moderate injuries with clear intoxication
- $50,000 – $150,000 for serious injuries with high BAC or aggravating factors
- $150,000+ for catastrophic injuries, repeat offenders, or particularly egregious conduct
Here’s the strategic reality: Even if a jury doesn’t award the full amount you request, the threat of punitive damages creates massive settlement leverage. Insurance companies know that Louisiana juries can award significant punitive damages in DUI cases, so they’re more motivated to settle for higher amounts before trial.
Understanding Louisiana Drunk Driving Laws
To fully understand your rights, you need to know what the drunk driver violated.
Louisiana’s Blood Alcohol Content (BAC) Limits
Under Louisiana Revised Statutes § 14:98 (the DWI law), it’s illegal to operate a vehicle with:
- 0.08% BAC or higher for most drivers
- 0.04% BAC or higher for commercial vehicle operators
- 0.02% BAC or higher for drivers under age 21
- ANY detectable amount of illegal drugs
Important: You don’t need a BAC over 0.08% to prove civil liability. If a driver has a 0.06% BAC and causes a crash, they can still be held liable if their impairment contributed to the accident.
Criminal Penalties vs. Civil Liability
Many victims are confused about the relationship between the criminal case against the drunk driver and their own civil claim for compensation.
Here’s how they’re different:
Criminal Case | Your Civil Case |
State prosecutes the driver | You sue the driver for compensation |
Goal: Punishment (jail, fines, license suspension) | Goal: Financial recovery for your losses |
Burden of proof: Beyond reasonable doubt | Burden of proof: Preponderance of evidence (more likely than not) |
You’re a witness, not a party | You’re the plaintiff |
Criminal penalties don’t compensate you | Civil damages go directly to you |
Critical point: You can win your civil case even if the driver is never criminally convicted. The standards are different, and criminal cases sometimes result in plea bargains or dismissals for technical reasons that don’t affect your right to compensation.
However, if the driver is criminally convicted, that conviction is powerful evidence in your civil case and often makes settlement negotiations much easier.
Who Can You Sue After a New Orleans Drunk Driving Accident?
Most victims assume they can only sue the drunk driver. But Louisiana law sometimes allows you to pursue compensation from other parties as well.
1. The Drunk Driver (Primary Defendant)
This is always the starting point. The intoxicated driver who caused your injuries is legally liable for all damages.
However, there’s a problem: Many drunk drivers have minimal insurance coverage or no significant personal assets. Louisiana requires only:
- $15,000 per person for bodily injury
- $30,000 per accident for bodily injury
- $25,000 for property damage
These limits are woefully inadequate for serious drunk driving injuries. If your damages exceed the driver’s insurance policy, you may need to identify additional sources of compensation.
2. The Vehicle Owner (Negligent Entrustment)
If the drunk driver was operating someone else’s vehicle, you may be able to sue the vehicle owner under a theory called “negligent entrustment.”
You’d need to prove the owner:
- Knew or should have known the driver was intoxicated
- Gave permission for the driver to use the vehicle
- Should have reasonably foreseen the risk of harm
Example: A bar owner lends his truck keys to a visibly drunk patron. The patron crashes into you. You may have a claim against both the driver AND the bar owner.
3. The Driver’s Employer (Vicarious Liability)
If the drunk driver was working at the time of the crash (making deliveries, driving for a company), their employer may be liable under the legal doctrine of “respondeat superior” (employer liability for employee actions).
Requirements:
- The driver was an employee (not an independent contractor)
- The driver was acting within the scope of employment
- The drunk driving occurred during work-related activities
Example: A delivery driver stops at a bar during his shift, drinks, and causes a crash while returning to complete deliveries. The employer may be liable.
4. Bars, Restaurants, or Social Hosts (Dram Shop Liability) – IMPORTANT LIMITATIONS
Many states have “dram shop laws” that allow victims to sue bars or restaurants that over-served a visibly intoxicated person who then caused a crash.
Louisiana is NOT one of those states.
Louisiana law generally shields bars, restaurants, and social hosts from liability for drunk driving crashes. The rationale is that Louisiana recognizes the consumption of alcohol, not the serving of it, as the proximate cause of the harm.
However, there are THREE narrow exceptions where you CAN sue an alcohol provider:
Exception #1: Serving a Minor
Under Louisiana Revised Statutes § 9:2800.1(B), if a bar, restaurant, or social host serves alcohol to someone under age 21, and that minor causes a drunk driving crash, the alcohol provider can be held liable.
Requirements:
- The person served was under 21
- The provider knew or should have known they were underage
- The minor’s intoxication caused the crash
Exception #2: Forced Intoxication
If someone physically forces another person to consume alcohol against their will, and that forced intoxication leads to a crash, the person who forced the consumption can be liable.
Example: Fraternity hazing where pledges are forced to drink excessive amounts.
(This exception is extremely rare in real-world drunk driving cases.)
Exception #3: Misrepresenting a Drink as Non-Alcoholic
If someone tells a driver a beverage is non-alcoholic when it actually contains alcohol, and the driver unknowingly becomes intoxicated and causes a crash, the person who misrepresented the drink can be liable.
Example: Someone secretly spikes a punch bowl at a party without telling guests it contains alcohol.
(This is also very rare.)
The Bottom Line on Dram Shop Liability in Louisiana
Unless one of these three narrow exceptions applies, you cannot sue a bar, restaurant, or social host for over-serving the drunk driver. Even if the bartender served someone who was visibly intoxicated, Louisiana law protects them from liability.
This is one of the most misunderstood aspects of Louisiana drunk driving law. Many victims waste time and money pursuing dram shop claims that have no legal basis.
However, if the drunk driver was under 21, this changes everything. Make sure your attorney investigates where the minor obtained alcohol, that establishment or individual may be liable.
What Compensation Can You Recover in a New Orleans Drunk Driving Case?
Now let’s talk about the money, because that’s what’s going to help you rebuild your life after this tragedy.
Economic Damages (Quantifiable Financial Losses)
These are the “hard costs” you can prove with bills, receipts, and documentation:
Medical Expenses:
- Emergency room treatment
- Ambulance transport
- Hospitalization
- Surgeries and procedures
- Doctor visits and specialist consultations
- Physical therapy and rehabilitation
- Prescription medications
- Medical equipment (wheelchair, crutches, home modifications)
- Future medical care (this is critical, don’t settle before you know the full extent of ongoing treatment needs)
Lost Income:
- Wages you missed while recovering
- Sick leave or vacation days you had to use
- Lost bonuses or commissions
- Future lost earning capacity if you can’t return to your previous job or work the same hours
Property Damage:
- Vehicle repair or replacement
- Personal belongings damaged in the crash (phone, laptop, clothing, etc.)
Other Out-of-Pocket Costs:
- Rental car expenses
- Transportation to medical appointments
- Home care or nursing services
- Child care if your injuries prevent you from caring for your children
Non-Economic Damages (Subjective Losses)
These damages compensate you for the ways the crash has impacted your quality of life:
Physical Pain and Suffering:
- Ongoing pain from injuries
- Discomfort during recovery
- Chronic pain that may never fully resolve
- Physical limitations and disability
Emotional Distress:
- Anxiety, depression, or PTSD from the crash
- Fear of driving or being in vehicles
- Nightmares or flashbacks
- Loss of sleep
- Emotional trauma from witnessing injuries to loved ones
Loss of Enjoyment of Life:
- Inability to participate in hobbies or activities you loved
- Missing out on family events and milestones
- Reduced quality of life due to permanent injuries
- Loss of independence if you require ongoing assistance
Loss of Consortium:
- Damage to your relationship with your spouse
- Loss of companionship, affection, or intimacy
- Strain on family relationships due to the aftermath of the crash
Disfigurement and Scarring:
- Permanent scars or disfigurement from injuries
- Need for plastic or reconstructive surgery
- Impact on self-esteem and social interactions
Punitive/Exemplary Damages
As discussed extensively above, Louisiana Civil Code Article 2315.4 authorizes punitive damages specifically for drunk driving cases.
These damages:
- Are in addition to economic and non-economic damages
- Are designed to punish the drunk driver
- Are meant to deter others from drunk driving
- Can significantly increase your total settlement value
Strategic Note: Insurance policies typically do not cover punitive damages. That means punitive damages often come directly from the drunk driver’s personal assets. While this can make collection more challenging, it also means the threat of punitive damages creates strong motivation for the driver (and their insurance company) to settle the economic and non-economic portions of your claim for the maximum amount possible.
How Alcohol Impairs Driving Ability (And Why These Crashes Are So Devastating)
Understanding how alcohol affects drivers helps explain why drunk driving crashes cause such catastrophic injuries.
The Effects of Blood Alcohol Content (BAC)
According to the National Highway Traffic Safety Administration (NHTSA):
At 0.02% BAC (just one drink for most people):
- Visual functions decline
- Ability to multi-task decreases
- Judgment begins to be affected
At 0.05% BAC:
- Reduced coordination
- Reduced ability to track moving objects
- Difficulty steering
- Reduced response to emergency situations
At 0.08% BAC (the legal limit):
- Concentration problems
- Short-term memory loss
- Speed control issues
- Impaired information processing
- Reduced perception
At 0.10% BAC:
- Reduced ability to maintain lane position and brake appropriately
- Slurred speech
- Slowed thinking
- Poor coordination
At 0.15% BAC:
- Substantial impairment in vehicle control
- Substantial impairment in attention to driving task
- Vomiting may occur
Common factors in New Orleans drunk driving crashes:
- Driver runs a red light at full speed (no attempt to brake)
- Driver crosses center line into oncoming traffic
- Driver rear-ends stopped vehicles at 50+ mph
- Driver doesn’t see pedestrians in crosswalks
- Driver makes unsafe turns without checking mirrors
- Driver passes out at the wheel
The result? High-speed, high-impact collisions with little to no defensive action taken by the drunk driver.
What To Do Immediately After Being Hit by a Drunk Driver in New Orleans
The actions you take in the first hours and days after the crash can dramatically affect your legal rights and settlement value.
Step 1: Call 911 and Request Police and Medical Assistance
Even if you feel “okay,” call 911.
Tell the dispatcher:
- There’s been a crash
- You suspect the other driver is intoxicated (if they’re slurring, stumbling, smell of alcohol, etc.)
- You need police and medical evaluation
Why this matters:
- Police will investigate and likely conduct field sobriety tests
- The police report will document evidence of intoxication
- Medical evaluation creates a record linking your injuries to the crash
- Louisiana law requires reporting accidents involving injury, death, or over $500 in property damage
Step 2: Document Evidence at the Scene (If You’re Able)
If you can safely do so without compromising your medical condition:
✅ Take photos of:
- All vehicle damage (multiple angles)
- The intersection or crash location
- Traffic signals and signage
- Skid marks, debris, or road conditions
- The drunk driver (if they appear visibly intoxicated, slumped over, bloodshot eyes, etc.)
- Any open alcohol containers in their vehicle
- Your visible injuries
✅ Collect information:
- The drunk driver’s name, license number, insurance info
- License plate numbers
- Names and contact info for ALL witnesses (especially those who observed the driver’s erratic behavior before the crash)
- Names of responding police officers and their badge numbers
- The police report number
✅ Write down what you remember:
- How the crash happened
- What the drunk driver said (admissions like “I only had a few drinks” are powerful evidence)
- Observations about their behavior (slurred speech, inability to walk straight, smell of alcohol)
- Witness statements about what they saw
DO NOT confront or argue with the drunk driver. Let police handle the DUI investigation.
Step 3: Seek Immediate and Ongoing Medical Treatment
This is non-negotiable.
Even if you feel fine, go to the ER or urgent care within 24 hours. Many serious injuries don’t show symptoms immediately:
- Traumatic brain injuries
- Internal bleeding
- Spinal cord damage
- Soft tissue injuries that worsen over days
Then follow through with ALL recommended treatment:
- Attend every doctor appointment
- Complete all prescribed therapy
- Take medications as directed
- Don’t downplay your pain or symptoms
Why this matters:
- Creates medical documentation linking injuries to the crash
- Establishes the severity and duration of your injuries
- Prevents insurance companies from claiming your injuries aren’t serious
- Ensures you get the care you need to recover
Step 4: DO NOT Give Recorded Statements to Insurance Companies
Within hours of the crash, an insurance adjuster will likely call you. They’ll sound friendly and helpful. They’ll ask for “just a quick recorded statement about what happened.”
DO NOT DO IT.
You have no legal obligation to give a recorded statement to the other driver’s insurance company.
They’re recording you because they want to:
- Get you to say something that minimizes the drunk driver’s fault
- Catch you admitting any possible contributory negligence
- Minimize your injury descriptions before you fully understand your damages
- Lock you into statements before you’ve consulted an attorney
What to say instead:
“I’m still receiving medical treatment and recovering from this crash. I’ll be retaining legal representation and will provide documentation through my attorney.”
Then end the call.
Step 5: Understand the Criminal Case Timeline
Here’s what typically happens on the criminal side:
Immediately after the crash:
- Police conduct field sobriety tests
- Driver submits to breathalyzer or blood test (or refuses, which can be used against them)
- Driver is arrested for DWI/DUI
Within days to weeks:
- Driver is formally charged
- Bond hearing occurs
- Driver may be released on bond
Over the following months:
- Court hearings and pre-trial conferences
- Possible plea bargain negotiations
- If no plea, trial is scheduled
Important for your civil case:
- The criminal proceedings happen on a separate track from your civil claim
- You don’t need to wait for the criminal case to resolve before filing your civil claim
- However, a criminal conviction is powerful evidence in your civil case
- The prosecutor may ask you to provide a victim impact statement
Bottom line: Your civil claim for compensation is independent from the criminal case, though they can inform each other.
Step 6: Know Your Deadline (It’s Critical)
Louisiana has recently changed its statute of limitations for personal injury cases.
For accidents that occurred before July 1, 2024: You had ONE YEAR from the accident date to file a lawsuit (under La. C.C. § 3492).
For accidents that occurred on or after July 1, 2024: You have TWO YEARS from the accident date to file a lawsuit (under La. C.C. § 3493.1).
Exception for wrongful death: Wrongful death claims still have a ONE-YEAR deadline regardless of when the accident occurred.
This deadline is absolute. Miss it by even one day, and your case is over, no exceptions, no extensions.
While settlement negotiations can continue past this deadline, if you don’t file suit within the statute of limitations, you lose all leverage. Insurance companies know this and will stall negotiations hoping you’ll run out of time.
Step 7: Consult with an Experienced New Orleans Drunk Driving Accident Attorney
This is where most victims either maximize their recovery or leave hundreds of thousands of dollars on the table.
Here’s the reality:
Insurance companies have entire legal departments and trained adjusters whose job is to minimize payouts. They use sophisticated software (like Colossus) to calculate settlement offers designed to underpay you. They know which victims are represented by attorneys and which aren’t, and they treat unrepresented victims very differently.
An experienced attorney who specializes in Louisiana drunk driving cases can:
✅ Investigate the crash and preserve disappearing evidence
✅ Obtain police reports, BAC test results, and criminal case records
✅ Document the drunk driver’s history (prior DUIs increase settlement value)
✅ Identify ALL sources of potential compensation (driver, vehicle owner, employer)
✅ Calculate the TRUE value of your claim including future damages
✅ Determine whether you qualify for punitive damages under La. C.C. Art. 2315.4
✅ Handle all communication with insurance companies
✅ Negotiate aggressively using Louisiana-specific legal leverage
✅ Protect you from comparative fault arguments
✅ File a lawsuit and take your case to trial if necessary
And here’s the best part: Most drunk driving accident attorneys (including me) work on a contingency fee basis. You pay nothing upfront. We only get paid if we win your case, and our fee comes out of the settlement or verdict.
The statistics are clear: Victims represented by experienced attorneys recover 3-4 times more than those who negotiate alone, even after attorney fees are deducted.
Common Insurance Company Tactics in Drunk Driving Cases (And How to Fight Back)
Insurance adjusters use predictable strategies to minimize drunk driving settlements. Here’s what to expect and how to counter it:
Tactic #1: The “Quick Settlement” Lowball Offer
What they do: Within days of the crash, an adjuster calls with a “generous” settlement offer, pressuring you to accept quickly before you’ve even finished initial medical treatment.
Why they do it: They’re hoping you don’t yet understand the full extent of your injuries or your legal rights to punitive damages.
The reality: These initial offers are typically 10-30% of your case’s true value.
How to fight back: Never accept the first offer. Don’t even negotiate until you’ve completed treatment and consulted an attorney who can properly value your claim.
Tactic #2: Minimizing the Drunk Driver’s Intoxication
What they do: They’ll argue the driver was “barely over the limit” or that their BAC was falling by the time they crashed, or that fatigue (not alcohol) was the real problem.
Why they do it: To avoid punitive damages and reduce the overall settlement.
The reality: Any BAC over 0.08% is illegal, and even lower levels can establish civil liability if impairment contributed to the crash.
How to fight back: Obtain the complete police report, BAC test results, field sobriety test documentation, and any dash cam or body cam footage. Expert testimony can establish how the driver’s alcohol consumption directly caused the crash.
Tactic #3: Blaming You (Comparative Fault Arguments)
What they do: They’ll claim you were speeding, distracted, or somehow contributed to causing the crash, even though the other driver was drunk.
Why they do it: Under Louisiana’s comparative fault law (La. C.C. Art. 2323), your settlement is reduced by your percentage of fault. If they can pin 30% of blame on you, they reduce their payout by 30%.
The reality: Being drunk doesn’t automatically make a driver 100% liable, but it creates a strong presumption of fault. The burden is on the insurance company to prove YOUR negligence contributed.
How to fight back: Gather strong evidence proving the drunk driver’s actions were the sole cause. Witness statements, accident reconstruction, and traffic camera footage can defeat bogus comparative fault arguments.
Tactic #4: Disputing Your Injuries
What they do: They’ll claim your injuries aren’t as serious as you say, or that they were pre-existing conditions unrelated to the crash, or that you’re exaggerating for money.
Why they do it: To reduce the economic and non-economic damages they have to pay.
The reality: Drunk driving crashes often cause severe, life-altering injuries. Your medical records tell the truth.
How to fight back:
- Get immediate medical treatment and follow ALL recommendations
- Keep detailed records of how injuries affect your daily life
- Get expert medical testimony about causation and prognosis
- Document everything, don’t rely on memory
Tactic #5: Claiming Punitive Damages Don’t Apply
What they do: They’ll argue that while the driver was intoxicated, their conduct doesn’t rise to the level of “wanton or reckless disregard” required under La. C.C. Art. 2315.4.
Why they do it: Punitive damages can dramatically increase settlement value, and they’re often not covered by insurance policies.
The reality: Choosing to drive while significantly impaired almost always meets the “wanton or reckless” standard, especially with aggravating factors like high BAC, excessive speed, or running red lights.
How to fight back: Build a comprehensive record showing the driver’s conscious disregard for safety. Prior DUI convictions are especially powerful evidence.
Special Considerations: Mardi Gras, Jazz Fest, and New Orleans Festival Culture
New Orleans isn’t like other cities. Our relationship with alcohol and our festival culture create unique drunk driving risks and legal considerations.
Mardi Gras and Carnival Season
The risks:
- Drunk driving arrests spike dramatically during Carnival season
- French Quarter and parade route areas see increased pedestrian-vehicle conflicts
- Out-of-town drivers unfamiliar with New Orleans streets and impaired by alcohol
- “Super fog” conditions combining with intoxication create deadly scenarios
Legal considerations:
- Victims of parade-related drunk driving crashes may have claims against parade organizers in limited circumstances
- Tourists involved in crashes often have insurance from other states with different coverage
- Louisiana’s “No Pay, No Play” law (barring uninsured drivers from the first $15,000 in recovery) does NOT apply if the other driver was drunk
Jazz Fest, Essence Fest, and Major Events
The risks:
- Massive influx of visitors over concentrated time periods
- Day-drinking that extends into evening driving
- Congested roads around festival venues
- Parking lot accidents involving impaired drivers
Legal considerations:
- Festival attendees often have extensive photo/video evidence of the drunk driver’s behavior
- Social media posts by the drunk driver can be powerful evidence
- Multiple witnesses are usually available at major events
Saints Game Days and Sporting Events
The risks:
- Tailgating culture involves hours of drinking before driving home
- Post-game traffic congestion combined with impairment
- Aggressive, celebratory (or angry) driving after wins or losses
Legal considerations:
- Dome security footage may capture pre-crash driver behavior
- Ticket stubs and parking receipts can establish timeline
- Other tailgaters are often willing witnesses
What If the Drunk Driver Had Minimal Insurance or No Assets?
This is one of the most heartbreaking situations: You were catastrophically injured by a drunk driver, but they have only Louisiana’s minimum $15,000/$30,000 insurance and no personal assets worth pursuing.
Your options:
1. Your Own Uninsured/Underinsured Motorist (UM/UIM) Coverage
This is the most important car insurance coverage you can have in Louisiana.
UM/UIM coverage protects you when:
- The at-fault driver has no insurance (uninsured)
- The at-fault driver’s insurance is insufficient to cover your damages (underinsured)
How it works:
If the drunk driver has only $15,000 in coverage and your damages are $200,000:
- You collect the drunk driver’s $15,000 policy limit
- Then you file a claim with YOUR OWN insurance company’s UM/UIM coverage
- Your UM/UIM coverage pays the difference (up to your policy limits)
Example:
- Your damages: $200,000
- Drunk driver’s coverage: $15,000
- Your UM/UIM coverage: $250,000
- You can potentially recover the full $200,000
Critical: You must have UM/UIM coverage BEFORE the accident. You can’t buy it after.
My advice to EVERY client is to carry the highest UM/UIM limits you can afford. In Louisiana, where many drivers carry only minimum coverage, this is your best protection.
2. Identify Other Liable Parties
As discussed earlier, look for:
- Vehicle owners (negligent entrustment)
- Employers (if driver was working)
- Establishments that served alcohol to a minor (under 21)
3. Pursue the Drunk Driver’s Personal Assets
If the drunk driver has significant assets (home equity, investments, business ownership), you can obtain a judgment and pursue collection through:
- Wage garnishment
- Property liens
- Asset seizure
However, this is often a lengthy process, and many drunk drivers don’t have substantial assets worth pursuing.
The bottom line: UM/UIM coverage is your safety net. Without it, even the strongest case may yield limited recovery if the drunk driver is uninsured or underinsured.
The Emotional Toll: Why Drunk Driving Cases Are Different
I’ve represented victims of all types of accidents. But drunk driving cases carry a different emotional weight.
Regular car accidents are often true accidents, momentary lapses in attention, misjudgments, honest mistakes.
Drunk driving crashes are different. They’re the result of a conscious, selfish decision. The driver knew:
- They’d been drinking
- They were impaired
- Driving in that condition endangered everyone around them
- They did it anyway
That knowledge, that your life was shattered by someone’s deliberate, criminal choice, creates a different kind of trauma:
Anger that doesn’t fade
Sense of injustice that’s hard to process
Loss of faith in others’ responsibility
Hypervigilance about other drivers
PTSD triggers from alcohol smells or seeing similar vehicles
This emotional trauma is real, and it’s compensable under Louisiana law as part of your non-economic damages.
But beyond compensation, many victims tell me they need something else: accountability. They need the drunk driver to face consequences. They need to know their case sent a message that might prevent the next tragedy.
That’s where punitive damages serve a purpose beyond money. They’re a public statement that this behavior will not be tolerated. They’re a punishment that reflects the community’s condemnation of drunk driving.
If you’re feeling angry, that’s valid. If you want justice, not just a check, that’s understandable. A good attorney will fight for both.
Frequently Asked Questions
Can I still recover damages if I was partially at fault for the accident?
Yes. Louisiana follows “pure comparative fault” under Civil Code Article 2323. Even if you were partially responsible, you can still recover damages, but your settlement will be reduced by your percentage of fault.
Example: If your damages total $100,000 and you were 20% at fault, you’d recover $80,000.
However, there’s a special rule for drunk drivers. If the drunk driver is found to be more than 25% at fault for the crash, they are barred from recovering any damages themselves. This creates strong leverage for sober victims.
What if the drunk driver wasn't arrested or convicted?
You can still win your civil case. The burden of proof in civil court is lower than criminal court (“preponderance of evidence” vs. “beyond reasonable doubt”).
Evidence you can use:
- Police observations noted in the accident report
- Witness testimony about erratic driving or alcohol odor
- Circumstantial evidence (leaving a bar, open containers in vehicle)
- The driver’s own statements
- Traffic camera or dashcam footage
A criminal conviction makes your case easier, but it’s not required.
Can a bar or restaurant be held liable for over-serving the drunk driver?
Generally, no. Louisiana does not have traditional “dram shop” laws. Bars and restaurants are shielded from liability in most cases.
The exceptions:
- The drunk driver was under 21 (minors exception)
- Someone forced the driver to drink against their will
- Someone misrepresented an alcoholic drink as non-alcoholic
If any of these apply, you may have a claim against the alcohol provider. This requires investigation and legal expertise.
How long does a drunk driving accident case take to settle?
Timeline varies based on complexity:
- Simple cases (minor injuries, clear liability, cooperative insurance): 3-6 months
- Moderate cases (serious injuries, ongoing treatment, negotiations): 6-12 months
- Complex cases (catastrophic injuries, disputed punitive damages, multiple parties): 12-24+ months
- Litigation/trial cases: 18-36 months
Don’t rush the process. Settling too quickly, before you understand the full extent of your injuries and future needs. is one of the biggest mistakes victims make.
What if the drunk driver goes to jail? Do I still get compensated?
Yes. The criminal case (which may result in jail time) and your civil case (which recovers compensation) are completely separate.
However, collecting your judgment may be more challenging if:
- The driver has minimal assets
- They’re in prison and not earning income
- They declare bankruptcy
This is why insurance coverage (theirs and your UM/UIM) is so important.
Will the drunk driver's insurance pay for punitive damages?
Usually no. Most insurance policies explicitly exclude coverage for punitive damages because they’re meant to punish the wrongdoer personally.
What this means:
- Punitive damages typically come from the drunk driver’s personal assets
- This creates strong motivation for the driver to settle the rest of your claim for the maximum amount
- The threat of significant punitive damages can increase the overall settlement
What if I was a passenger in the drunk driver's vehicle?
You can still recover compensation, even if you were riding with the drunk driver.
Complications:
- If you voluntarily got into a vehicle with someone you knew was drunk, the insurance company may argue comparative fault
- Your relationship to the drunk driver may affect the emotional dynamics but doesn’t affect your legal rights
- You may need to file a claim against your own friend or family member’s insurance
Important: Even if you feel guilty or uncomfortable suing someone you know, remember, you’re actually filing a claim against their insurance company, and you need compensation for your injuries.
Does Louisiana's "No Pay, No Play" law affect drunk driving cases?
Louisiana’s “No Pay, No Play” law (found in La. R.S. 32:866) bars uninsured drivers from recovering the first $15,000 in bodily injury damages and first $25,000 in property damage.
However, this law does NOT apply if:
- The other driver was driving under the influence
- The other driver was driving while intoxicated
- The other driver was fleeing from police
So if you were uninsured and hit by a drunk driver, you CAN still recover full compensation. This is one of the explicit exceptions to the No Pay, No Play rule.
Why Choose Daryl A. Gray for Your Drunk Driving Accident Case
If you’ve been injured by a drunk driver in New Orleans, you need an attorney who:
✅ Understands Louisiana’s punitive damages law (La. C.C. Art. 2315.4) and how to maximize this often-overlooked source of compensation
✅ Has trial experience in Louisiana courtrooms and a reputation that makes insurance companies take your case seriously
✅ Knows how to investigate drunk driving cases including obtaining BAC results, police reports, field sobriety tests, and criminal case records
✅ Understands New Orleans’ unique drinking culture and how festival seasons, tourist influx, and local factors affect drunk driving crashes
✅ Will fight comparative fault arguments that insurance companies use to blame victims
✅ Can identify all potential sources of compensation including UM/UIM coverage, vehicle owners, employers, and dram shop exceptions
✅ Works on contingency so you pay nothing unless we win your case
My approach is different:
I don’t run a settlement mill. I don’t treat you like a case number. I give every client the personalized attention their case deserves.
I’ve spent six years building winning trial strategies for complex civil litigation cases throughout Louisiana. I understand how to leverage Louisiana’s specific legal protections for drunk driving victims to maximize your recovery.
Whether I’m negotiating a settlement or preparing for trial, my mission is clear: deliver results that matter and build legacies that last.
You didn’t ask for this. You did nothing to deserve it. But now that it’s happened, you deserve someone who will fight for you with the same intensity they’d fight for their own family.
That’s what I do.
Take Action Now: Get Your Free Case Evaluation
Drunk driving crashes destroy lives in seconds. But recovery takes time, and that recovery starts with understanding your rights and taking action.
In your free consultation, I’ll:
✅ Review exactly what happened in your crash
✅ Explain whether you qualify for punitive damages under La. C.C. Art. 2315.4
✅ Identify all sources of potential compensation
✅ Calculate what your case is actually worth (economic, non-economic, and punitive damages)
✅ Explain Louisiana’s comparative fault law and how it affects your case
✅ Answer every question you have about the legal process
✅ Give you honest advice about your options, no pressure, no obligation
You pay nothing unless we win your case. That’s my commitment to you.
Time is critical: Louisiana’s statute of limitations gives you only two years from the accident date to file a lawsuit (one year for wrongful death). Evidence disappears. Witnesses’ memories fade. And insurance companies use delays against you.
Don’t let the drunk driver who destroyed your life walk away without accountability.
Final Thoughts: Justice, Accountability, and Moving Forward
A drunk driving crash changes everything. Your body. Your income. Your relationships. Your faith in humanity.
Some of those things heal with time. Some never fully do.
But here’s what I know after six years of representing victims like you:
You are stronger than you think.
Your case matters more than a settlement check.
And accountability, real, meaningful accountability, can be part of your healing.
Louisiana law gives you powerful tools to hold drunk drivers responsible. Punitive damages exist precisely because our lawmakers recognized that drunk driving isn’t just negligence, it’s a reckless, selfish act that deserves punishment.
Don’t settle for less than you deserve.
Don’t let insurance companies minimize what happened to you.
Don’t face this alone.
Your life matters. Your recovery matters. And your case deserves to be handled by someone who understands what’s really at stake.
Peace ☮️ and blessings. 🙏🏾
Let’s hold them accountable, together.
Daryl A. Gray is a trial attorney and Managing Partner at Wright Gray Harris Trial Law in New Orleans, Louisiana, and Principal Managing Partner at DG Legal Consulting. He specializes in high-stakes personal injury litigation throughout Louisiana, with particular expertise in drunk driving accident cases.
