What Happens When a Drunk Driver Hits You on Frenchmen Street?

Frenchmen Street, renowned for its music scene and lively atmosphere, is a popular destination for both locals and tourists in New Orleans. However, like any busy area, it’s not immune to the dangers of drunk driving.

If you have been hit by a drunk driver on Frenchmen Street, it’s important to understand the steps you should take and the potential legal implications. Here, we’ll walk you through what happens when a drunk driver hits you on Frenchmen Street and how Egenberg Trial Lawyers can help you.

The Legal Implications of Drunk Driving in Louisiana

Louisiana has strict laws against drunk driving, officially known as “driving while intoxicated” (DWI). Understanding these laws can help you grasp the legal implications of your situation. In Louisiana, it’s illegal to drive with a Blood Alcohol Concentration (BAC) of 0.08% or higher for regular drivers, 0.04% for commercial drivers, and any detectable amount for drivers under 21.

It’s also illegal to have an open alcoholic beverage container in the passenger area of a vehicle, even if the vehicle is stopped. These laws demonstrate Louisiana’s commitment to combating drunk driving. When a drunk driver hits you, they’re not just civilly liable for your damages – they’re also facing serious criminal charges.

Your Rights as a Victim

As someone hit by a drunk driver on Frenchmen Street, you have specific rights under Louisiana law. You have the right to seek compensation for your injuries, property damage, lost wages, and other related expenses. If the insurance company doesn’t offer a fair settlement, you have the right to file a personal injury lawsuit against the drunk driver.

In drunk driving cases, you may be entitled to punitive damages, which are intended to punish the driver for their reckless behavior and deter similar actions in the future. You also have the right to a thorough and unbiased investigation of the accident by law enforcement.

Perhaps most importantly, you have the right to legal representation. You can hire a New Orleans drunk driving attorney to represent your interests and navigate the legal process on your behalf. This is where Egenberg Trial Lawyers can step in to protect your rights and fight for the compensation you deserve.

The Role of Insurance Companies After an Accident on Frenchmen Street

After the accident, you’ll likely be dealing with insurance companies – both your own and the drunk driver’s. If you have collision coverage, you can file a claim with your own insurance company. They may then seek reimbursement from the drunk driver’s insurance through a process called subrogation.

You can also file a claim directly with the at-fault driver’s insurance company. However, be cautious when dealing with them, as their primary goal is to minimize their payout. If the drunk driver is uninsured or doesn’t have enough coverage to pay for your damages, your own uninsured/underinsured motorist coverage can help fill the gap.

The Importance of Medical Treatment

After being hit by a drunk driver, seeking immediate and thorough medical treatment is vital for several reasons. First and foremost is your health. Some injuries, particularly head injuries, may not be immediately apparent. Prompt medical attention can identify and treat hidden injuries before they worsen.

Medical records also serve as crucial evidence in your personal injury claim, linking your injuries directly to the accident. A comprehensive medical evaluation will establish a treatment plan, which can help estimate your future medical expenses related to the accident.

Following your doctor’s orders and attending all follow-up appointments demonstrates that you’re taking your injuries seriously, which can strengthen your claim. Even if you feel OK immediately after the wreck, it’s important to get checked out by a medical professional. Some injuries may not manifest symptoms for hours or even days after the collision.

The Legal Process: What to Expect

If you decide to pursue legal action against the drunk driver who hit you on Frenchmen Street, it’s helpful to understand what the process might look like. Your first step should be to consult with an experienced personal injury attorney, like those at Egenberg Trial Lawyers. During this initial consultation, you’ll discuss the details of your case and explore your legal options.

Following this, our New Orleans drunk driving accident attorneys will thoroughly investigate the accident, gathering evidence such as witness statements, police reports, surveillance footage, and expert opinions. We will then file a claim with the drunk driver’s insurance company, detailing your injuries and damages.

In many cases, we will negotiate with the insurance company to reach a fair settlement without going to court. However, if a fair settlement can’t be reached, our New Orleans drunk driving attorneys may recommend filing a lawsuit against the drunk driver.

If a lawsuit is filed, both sides will exchange information and evidence related to the case in a process called discovery. Before trial, there may be attempts to settle the case through mediation, where a neutral third party helps facilitate negotiations.

If a settlement still can’t be reached, your case will go to trial, where a judge or jury will determine the outcome. After the trial, either party has the right to appeal the decision if they believe legal errors were made during the proceedings.

Potential Compensation in a Drunk Driving Accident Case

If you’ve been hit by a drunk driver on Frenchmen Street, you may be entitled to various types of compensation. This can include coverage for all accident-related medical costs, including emergency room visits, hospital stays, surgeries, medications, physical therapy, and future medical care.

If your injuries prevent you from working, you can claim compensation for lost income, including future earning capacity, if you’re unable to return to your previous job. You can also seek compensation for repairs or replacement of your vehicle and any other personal property damaged in the accident.

Beyond these tangible costs, you may be compensated for physical pain and emotional distress caused by the accident and your injuries. If your injuries prevent you from engaging in activities you previously enjoyed, you may be entitled to compensation for this loss of enjoyment of life.

In cases involving drunk drivers, courts may award punitive damages to punish the driver for their reckless behavior and deter similar actions in the future. The specific amount of compensation you may receive depends on various factors, including the severity of your injuries, the impact on your life, and the drunk driver’s level of intoxication.

Contact a New Orleans Drunk Driving Lawyer

Have you been hit by a drunk driver on Frenchmen Street? Don’t face this challenging situation alone. Contact Egenberg Trial Lawyers today for a free consultation. Our experienced New Orleans car accident lawyers are ready to fight for your rights and the compensation you deserve. Call (504) 229-5700 now or visit our website to learn more about how we can help you navigate this difficult time and seek the justice you deserve.