Auto Accident Lawyer
Houston has some of the busiest roadways in the United States. Unfortunately, these highways endanger Houston drivers every day.
The Houston Chronicle found that “640 people a year die on Houston-area roads, and 2,850 more are seriously injured.”
Houston is the deadliest major metro area in the US for drivers and passengers.
Reinforcing the magnitude of Houston highway deaths, the Houston Chronicle further reports, “The death toll is the equivalent of three fully-loaded 737s crashing each year at Houston’s airports, killing all aboard.”
Though these numbers are staggering, Houston drivers have seemingly grown callous to roadway dangers.
On your daily commute, you likely observe all sorts of reckless behavior.
Even worse, you or a loved one may have experienced an accident on a Houston highway.
Insight from Houston Car Accident Attorneys
An accident often brings physical, emotional, and financial harm. It may leave you hurt, out of work, and without a car.
Car accident victims may have questions as they grapple with the stressful aftermath of their wreck:
Who should pay for my accident injury medical treatment?
What do I do if an insurance company refuses to pay?
Do I need a car accident attorney, or can I negotiate on my own?
Is there an accident lawyer near me?
Our attorneys at the BFH Law Group can answer that last question right away. Yes, if you are in the Houston area, there are accident attorneys near you.
At BFH Law Group, we assist accident victims who have been hurt in Houston auto accidents.
We have offices in Houston and New Orleans, and our attorneys focus on helping accident victims get compensation for their injuries.
We get to know you and advocate for your best interests.
We believe that you should be informed about your legal options following a car accident, so we’ve prepared this guide.
Keep reading for things you should know if you’ve been injured in an accident.
Here, we will share legal insight from our years of practice, answering common questions accident victims have asked us.
If you want to discuss obtaining personal injury compensation for your accident injuries, give us a call.
We offer a free consultation where we can discuss your accident experience and legal options.
Our attorneys never minimize the difficulty of your circumstances, but we may be able to help.
Why Is It Important to Hire an Auto Accident Lawyer in Houston?
We know car accident lawyers can suffer from a bad reputation.
Sometimes that’s a fair enough stereotype because we’ve met some slimy auto accident lawyers in Houston.
However, the BFH Law Group wants to change your impression of car accident attorneys by dedicating ourselves to your best interests.
We think talking to an ethical, experienced car accident lawyer in Houston is a smart decision.
Here are some reasons you should consult an attorney after you are involved in a car accident.
We Are Skilled Negotiators
You should talk to an attorney because no one else in insurance negotiations will look out for you.
The insurance company may sound friendly on the phone, but they have to keep their profits in mind.
Paying you full compensation for your accident injuries doesn’t help insurance company profits.
Our attorneys don’t fall for insurance company tactics designed to reduce your payment.
We negotiate with the insurance company for your full compensation.
We’re skilled at accident negotiations because many of our attorneys used to work for insurance companies.
We know how these big businesses work, and we use our insight to advocate for your maximum payout.
We Work on Contingency
You owe us nothing while we work on your accident claim. We want to provide quality legal representation to every client, without regard to their ability to afford our services.
We stay true to our mission of service and uncompromising professionalism by working on contingency.
This means that you owe us nothing until we win your case, and even then, our payment is based on a portion of your settlement.
This contingency system, along with our ethical standards, motivates us to work diligently for your maximum settlement.
We Employ Skilled Investigators
Determining the cause of an accident requires careful investigation. Police reports and insurance company determinations may not tell the full story.
We use skilled investigators to uncover every aspect of your accident.
Our investigators visit the scene of the accident and dig through records to obtain key evidence such as:
Video footage from store security cameras and traffic cameras,
Witness interviews,
Witnesses’ photos and videos,
Accident scene photos,
The other driver’s phone and text records,
Police reports,
Medical reports, and
Analysis by experts.
This thorough investigation enables our attorneys to determine the true extent of the other driver’s negligence.
Proving that the other driver was responsible for the accident can significantly impact your accident compensation.
Accident evidence allows our auto accident lawyers in Houston to determine an accurate injury compensation request.
We take all these careful steps in our attempt to get you more money.
We File Paperwork for You
When negotiating with an insurance company, you have to deal with lots of paperwork.
This can be difficult to sort through when you are recovering from accident injuries and don’t understand all the fine print.
Our car accident lawyers in Houston take over paperwork and negotiations for you.
We explain all insurance company terminology, so you understand any settlement offer before you agree to accept it.
Working with our knowledgeable attorneys means a less stressful accident claim process with the potential for more compensation.
What Do You Need to Prove in a Car Accident Claim in Houston?
When you file a Houston car accident claim, you need to prove two primary things:
Someone else was responsible for your accident, and
You sustained injuries or financial expenses due to the other driver’s negligence.
Our Houston car accident attorneys demonstrate both of these elements based on the evidence we compile to back up your claim.
Once we demonstrate that another driver was responsible for your injuries, we calculate what the accident cost you.
This calculation takes into account medical expenses, car repairs, lost wages, and more.
Our auto accident lawyers in Houston will then negotiate with the responsible party’s insurance company to try to reach a fair settlement.
If we cannot reach a fair settlement, we can file a lawsuit against the other driver.
When More Than One Person Is at Fault
In Texas, even if you were partially responsible for the accident, you can still file a claim against the other party.
Texas operates under a legal rule known as “modified comparative fault.”
This simply means that parties in an accident pay for damages according to their degree of fault.
For instance, consider a scenario where you were texting while driving when a drunk driver plowed into you.
In that instance, neither you nor the other driver followed the law. However, the insurer would likely assign the drunk driver a greater degree of fault.
Perhaps, in this scenario, you and the insurer agreed that you were 25% at fault for the accident and the drunk driver was 75% at fault.
Let’s also imagine that you suffered $100,000 in damages. In that case, you could recover a potential $75,000 from the drunk driver’s insurance company.
In Texas, you can’t recover anything from the other driver if you are 51% or more responsible for the accident.
When a Driver Is Working
If another driver was responsible for the accident, we also need to know whether that driver was on the job.
If the other driver was driving for work, we may be able to hold their employer responsible for the accident.
Employers usually have bigger insurance policies, so determining the accident was job-related can significantly impact your accident compensation.
What Steps Should You Take After a Houston Car Accident?
After a Houston car accident, you need to take steps to protect your physical well-being and financial recovery.
Some accidents leave victims incapacitated and unable to take any of these steps.
However, if you are able to escape an accident without sustaining life-threatening injuries, take these steps.
Call Police and Paramedics
Your first thought after an accident should be to protect the health and safety of yourself and others.
If you are able, move to a safe location and call Houston police and paramedics.
Stay at the scene of the accident (or in a safe location nearby) until police and medical personnel arrive.
If you leave the scene of an accident before authorities arrive, you could be criminally charged with a hit-and-run.
Seek Medical Treatment
If you have sustained serious injuries, you must let paramedics treat you. After evaluating your condition, paramedics may need to transport you to a nearby hospital.
If you have less severe injuries, you may be able to seek medical care later.
Even if you don’t think you sustained accident injuries, you should still promptly get a medical evaluation because some accident injuries aren’t apparent right away.
You want to show the insurance company that you did everything within your power to treat your injuries as soon as possible.
Getting a prompt medical evaluation can improve your chances of receiving fair insurance compensation for your accident injuries.
Collect Accident Evidence
It can be helpful to collect evidence at the accident scene, though your injuries may prevent you from completing this task.
If you are injured, ask a trusted friend or family member to gather accident evidence for you.
Helpful accident evidence includes:
Photos of the damage to your car,
Photos of the damage to the other driver’s car,
Photo of the other driver’s license,
The other driver’s insurance information,
Photos of the surrounding landscape,
Photos of anything that could have contributed to your accident, and
Witnesses’ names and contact information.
This accident evidence, along with your statement, helps our investigators piece together what happened in your accident.
Having ample evidence to prove who caused the accident can make all the difference in your personal injury compensation settlement.
Contact a Personal Injury Attorney in Houston
The steps you take after an accident can play a critical role in your personal injury compensation.
You need a Houston personal injury attorney to do three things:
Advise you after an accident,
Warn you about mistakes that might cost you money, and
Advocate for your maximum compensation.
Our auto accident lawyers in Houston urge you to contact us before speaking to the insurance company.
If you were involved in an accident in Houston with a semi-truck – contact one of our trucking accident attorneys.
When you’re in pain and emotional distress after an accident, you might state something incorrectly to an insurance company.
Instead, let us walk you through questions they will ask so you can think through your answers before giving a statement.
Another area where an attorney will advise you to stay quiet is social media.
Insurance companies can use statements you make on social media against you, so keep your accident conversations off the internet.
At the BFH Law Group, our attorneys will advise you on what actions can help or hurt your accident injury claim.
Contact us for a free consultation to discuss your case.
What Information Should You Gather After an Accident?
After an accident, you should collect any information that could help your case.
Save these documents to help prove the extent of your claim:
The accident report,
Receipts for car repairs,
Medical bills,
Receipts for medical supplies like crutches,
Physical therapy invoices,
Chiropractor invoices,
Paystubs,
Communication from your employer, and
Communication from the insurance company.
Save written communication from your employer and insurance company, such as texts and emails.
However, you should also take notes during phone conversations or after in-person conversations with these people.
Such documentation can provide evidence for your fair accident compensation.
When you meet with our personal injury attorneys for a free consultation, bring these documents.
Contact a Houston Auto Accident Attorney
Do you need a car accident lawyer in Houston?
If you were involved in a Houston car accident and sustained injuries, you should speak to an attorney.
Hiring a Houston accident attorney can relieve you of stress while you recuperate from accident injuries.
An accident attorney will take over insurance company negotiations and work to obtain your maximum compensation.
At the BFH Law Group, our auto accident lawyers in Houston have years of experience with injury claims.
We offer accident victims personalized, knowledgeable legal representation. Contact us for a free consultation.
We’ll discuss your car accident experience and let you know your best options for getting maximum compensation.
Car Accident Attorney in New Orleans
Are you considering hiring a New Orleans car accident attorney?
If so, consider hiring our team of former insurance company attorneys who are dedicated to maximizing your financial recovery.
We knew the insurance company’s playbook. Before starting this firm, our attorneys represented insurance companies in hundreds of cases.
We have recovered millions for our clients. Our attorneys are dedicated to maximizing your recovery.
We do not charge a fee unless we recover money for you. All of our car accident cases are taken on a contingency. We handle all costs and will recover a fee when the case is paid.
We provide free consultations. We are available for your phone call 24/7.
Maximizing Your Recovery. People who hire an attorney to handle their car accident cases recover significantly more money than people who handle the case themselves.
If you are not ready to hire an attorney, that is okay.
We hope this page answers any questions that you have so you can decide what to do next. If you would prefer to contact a New Orleans car crash attorney at the BFH Law Group – personal injury and car crash lawyers and we can be reached and offer free consultations. We can also help with getting an accident report for you!
Do You Have a Good Car Accident Case?
Insurance companies view you as a liability on a balance sheet. To them, you are not a person who deserves compassion and respect.
Instead, your auto accident represents a risk that will reduce the insurance company’s profits.
Insurance companies also know that you will likely not push back and hire an attorney when you have been treated unfairly. Because of this, insurance companies often get away with paying people less than they need to recover from an accident.
There are many personal injury attorneys that you can choose from.
Our edge is the fact that we used to represent insurance companies before starting a practice to help people like you.
Our experience allows us to understand what it will take to get the insurance company to pay up.
Louisiana Car Accident Statistics
Louisiana is statistically one of the most dangerous states to operate a motor vehicle in.
Louisiana has a rate of fatal motor vehicle crashes at 16.5 deaths per 100,000 population.
In 2017, there were 773 fatal motor vehicle accidents.
1,327 accidents causing severe injuries, and 11,940 accidents causing moderate injuries.
According to the Highway Safety Research Group, the total cost of Louisiana car accidents in 2017 was 8.72 billion dollars.
Each year in Louisiana there are more than 28,000 car accidents involve a legally drunk drive and more than 49,000 crashes involving the use of alcohol.
What To Do If You Are In An Auto Accident in New Orleans
Each accident is different.
However, here is a list of some standard dos and don’ts that are always helpful to keep in mind.
Move your car to safety: Your personal safety following an accident is most important. If possible, move your car to a safe place and then gather information.
Call a first responder: Following an accident, you should contact the authorities so the police can investigate the scene and create a report.
Exchange Information: It is important to get all the important information from the other driver. You should take a photo of the other driver’s license plate, driver’s license, and insurance information.
Never Admit to Fault: The littlest statement you make at the accident scene can be taken out of context and sink your case. You should never admit to a fault even if you believe you may be responsible.
Take Pictures of the Accident Scene: Immediately following an accident you should take photos of the vehicles, accident scene, and
Get Medical Treatment: If you are in pain following an accident you should seek medical treatment as soon as possible. Seeking treatment for your injuries will help prove your case is contested by the insurance company.
Review Your Insurance Coverage: Understanding what is in your insurance policy is important following your accident. This will help when you make your claim with the insurance company.
Make a Claim: You should make a claim with both your insurance company and the at-fault insurance company to begin the claim process.
Do Not Give a Statement: The other driver’s insurance company may ask to take your statement. You are not legally required to give a statement. There is no benefit to providing a recorded statement.
Understand Your Rights: Read further to find out about your rights. This will help you navigate the claim process with confidence and understand when you may need to hire an attorney.
New Orleans Car Accident FAQ
What claims do you have following a car accident?
Each accident is unique, and you may have several different types of civil claims depending on the specific facts of your accident.
Common personal injury claims include negligence, intentional conduct, and product defects.
Negligence is the most common claim in car accident cases. To prove a claim you need to establish four separate elements:
Duty: You need to show that the other motorist owed a duty to you. Broadly speaking, the duty to operate a vehicle in a reasonable manner and in compliance with applicable rules and ordinances.
Breach of Duty: You next must prove that the other driver somehow breached the duty that was owed by not operating a motor vehicle in a reasonably safe manner.
Causation: You next need to prove that the other driver’s breach of duty caused the accident and your damages.
Damages: You must prove that your damages were caused by the defendant’s negligence.
If the court finds that the other driver was negligent you can recover damages caused by the accident. These typically include property damage, medical expenses, lost wages, and pain and suffering.
In rare cases, such as where the other driver was driving under the influence, you may be able to recover punitive damages.
Punitive damages are meant to punish the other driver for engaging in reckless conduct to deter bad conduct in the future.
Sometimes a car accident was caused because there was a defect with an automobile.
For example, an accident was caused due to a problem with the braking system or accelerator. In these cases, the manufacturer of the vehicle or supplier of a component part may be included as a defendant in the lawsuit.
If you have questions about your claim, our attorneys are more than happy to speak with you.
How long do I have to file a claim?
The prescription period (also referred to as the statute of limitations) is the time to file a lawsuit. In Louisiana, the time to file a lawsuit or a personal injury lawsuit is one year from the date of the accident.
You have two years to file an uninsured or underinsured motorist claim. It is important that you do not miss the deadline to file a lawsuit.
The prescription period does not begin to run against a minor until he or she turns 18 years old or obtains a majority.
It also does not run against interdicts in Louisiana Product Liability Act actions involving a claim of permanent disability.
Louisiana Code of Civil Procedure art. 3492 provides the one-year prescription period for delictual (negligence) actions for damages.
How much does a lawyer cost?
Personal injury attorneys primarily take on cases on a contingency fee basis.
A contingency fee agreement means that the lawyer will handle all costs for handling your case and will receive a percentage of the recovery at the conclusion of the case.
The lawyer is not entitled to a fee if there is no recovery.
In addition, at the conclusion of the case, the lawyer will deduct certain case costs such as filing fees, deposition fees, and expert fees.
Do not hesitate to ask our lawyers about any questions you have about contingency fee agreements.
We understand that hiring an attorney is a rare event for many people and we are more than happy to answer your questions.
Whose insurance company will pay my claim?
Louisiana is an “at fault” car accident state.
This means the insurance company for the at-fault driver is responsible for paying damages.
This is different from “no-fault” states where your insurance company has to pay a certain amount of damages irrespective of fault.
Because Louisiana is an “at fault” state it places a lot of importance on:
The other driver having adequate insurance
You having underinsured or underinsured (UM) coverage to pay for additional damages owed to you
If you are involved in a car accident, you need to gather the information to show the other driver was at fault.
Can I recover money for my medical bills?
You can recover medical expenses and bills as damages from the at-fault driver.
In serious cases, the other driver may not have enough insurance to cover your medical expenses.
If that is your case, you may need to look to your UM coverage, health insurance, and recovering money from the other driver’s personal assets to make you whole.
If you have questions about your medical bills or medical treatment, our attorneys are more than happy to speak with you.
After an accident, it is important that you get the medical help that you need. Immediately following the accident, you should call 911 to report the accident. Be sure to inform the operator if you need medical assistance and fully describe the extent of your injuries.
Can I recover money for lost wages?
Similar to medical expenses, you can also recover money for wages and income lost as a result of the accident.
You will need to prove that your injuries were severe enough to prevent you from working your regular job.
You will also need to prove the amount of wages you would have earned had you not been injured.
For salaried workers, this may not have been all that difficult.
For workers who do not have a steady paycheck, you will need to prove what you would have likely earned during the time you’re missed from work.
What if I am unable to work when my case settles?
In some cases, the worker will still be unable to work when their case settles. In these cases, we will look to the client’s doctor’s opinion about when he or she will be able to return to work to determine an acceptable amount for future lost wages.
Sometimes, a client will be permanently unable to return to their regular job due to their injuries. These cases are more complicated and may require the assistance of an economist and vocational expert to prove future lost earnings.
Can I recover disability benefits after a car accident?
In some cases, you can recover disability benefits following a car accident.
There are several types of disability benefits. You are probably aware of Social Security disability benefits.
In addition, you should check to see if your employer provides you with short-term or long-term disability benefits.
Our attorneys handle all sorts of disability claims and can assist you through the disability application process.
What types of damages can I recover?
People injured in a car accident may be able to recover several different types of damages.
Property Damage: You are entitled to recover damages for your damaged automobile. This may include the cost to repair the vehicle or for total replacement. You can also recover damages for the diminished value of your automobile.
Medical Expenses: If you are injured in an accident, you can recover damages for your medical expenses. This may include money to reimburse you for things like ambulance services, ER bills, surgery, medications, physical therapy, and more. A settlement or judgment should also include damages for future medical expenses that you are expected to need.
Lost Wages: If you miss time from work as a result of the accident you can recover damages for lost wages.
Lost Earning Capacity: Some accidents leave people with permanent medical issues that prevent them from working or reduce their earning capacity. In these cases, you will be entitled to the lump-sum value of your lost future wages.
General Damages: These types of damages are awarded for items such as pain and suffering, mental anguish, and permanent disfigurement. It is up to the discretion of the jury to award general damages.
Survival Actions: In an accident where a person was negligently killed, the estate of the person who was killed can recover damages in a survival action. It is up to the discretion of the jury to decide how much to award in a survival action. In many cases, the amount that a person suffered prior to death will be directly related to the amount awarded by the jury.
Wrongful Death: A claim for wrongful death can be brought by close relatives of the person who died. There are several qualifications to being able to bring a claim for wrongful death. A jury will normally look at the closeness of the relationship between the claimant and the person who died to determine the damages to award.
Our attorneys are more than happy to walk you through the damages you may be able to recover from your accident.
Am I entitled to have my vehicle repaired or replaced?
The at-fault driver’s insurance should pay for you to repair your vehicle. In the event your car has been totaled, you should receive the fair market value to replace it.
Insurance companies often want to deny or underpay property damage claims. If the at-fault driver’s insurance company refuses to pay for property damage, you should consult with an attorney and seek to recover repair costs from your own insurance company. In some cases, you may have a viable bad faith claim for wrongful refusal to pay a claim.
Am I entitled to a rental car?
Not all insurance policies provide coverage for a rental car. You will need a lawyer to review the other driver’s insurance policy to see if there is rental car coverage.
If the at-fault driver does not have rental car coverage, your own policy may provide rental car coverage.
What happens if you have a car note?
A car note is an independent obligation separate from your property damage claim.
The value of your property damage claim is not based on the amount you owe.
Rather, it is based on the market value of the automobile prior to the accident.
If following an accident, your car is totaled and paid out based on the value of the vehicle, you may still have to pay any outstanding amounts owed on a car note.
Sadly, your loss payment may not be enough to pay the entire amount of your car note.
If you are concerned that your settlement may not be enough to cover your expenses, contact us to discuss your claim.
Does my health insurance company have a lien on my recovery?
This is a difficult question that depends on the specifics of your claim.
In many cases, you will need to reimburse your health insurance company for at least a portion of what was paid.
This is also the case for medical expenses paid by government programs such as Medicare.
If you are concerned about a medical lien, a lawyer can help you understand your options.
You should follow your doctor’s treatment recommendations
Following your physician’s recommendations is important in a personal injury case. Ignoring or not complying with your doctor’s recommendations can significantly harm your personal injury case.
In some situations, such as when you have been recommended an aggressive form of surgery, you may want to get a second opinion. Many doctors will provide you with a few treatment options when you have a condition that requires surgery.
Even then, it is important that you comply with treatment recommendations.
Can you help me find a doctor?
Some clients come to us with health complaints that have not been fully diagnosed.
In these situations, we may recommend a medical provider to evaluate or treat you.
What if I was involved in a hit-and-run or hit by an uninsured driver?
In Louisiana, your insurance company must provide you the opportunity to purchase uninsured and underinsured motorist (UM) coverage.
UM coverage is meant to provide coverage for things like hit and run accidents or when the at-fault driver does not have insurance.
If you do not have UM coverage, your only claim is against the driver who hit you.
We recommend that all motorists in Louisiana purchase UM coverage. Louisiana has one of the highest rates of uninsured motorists and UM coverage fills in the coverage gap left by uninsured motorists.
What if the other driver does not have enough insurance to pay for your damages?
UM coverage also provides coverage for underinsured motorists. Louisiana has one of the lowest minimum coverage requirements in the nation: $15,000.00 liability and $25,000.00 property damage.
In many accidents, your damages will exceed the minimum coverage amounts.
When that is the case, UM coverage can helpfully compensate you for your damages.
Gathering Information About Your Accident
At the accident scene, take as many photographs as you can.
This includes photographs of the vehicles, license plates, intersections, skid marks, insurance cards, and anything else that may be relevant.
You should also be sure to obtain the contact information of the other driver, passengers, and witnesses to the accident.
If a police officer arrives at the scene, you should be sure to provide as much information as possible and attempt to gather information from the police officer.
It is also important to be sure to obtain a copy of your accident report when filing your claim. (see: How to Get Your New Orleans Police Report)
Car Accident Injuries Can Include
Broken bones
Concussions or traumatic brain injuries
Spinal injuries
Facial Injuries
External injuries
Car Accident Injury Expenses
Injuries cost money, including medical expenses, lost income, and future rehabilitation. When it comes to seeking compensation for automobile wrecks, we know that an in-depth investigation can make a world of difference.
To that end, we always make sure that we are getting the whole story for our automobile accident cases. In addition to police reports and accident reconstructions, we examine other factors to determine an accident’s causes.
For instance, dangerous road conditions—such as insufficient signage, poorly marked construction zones, or potholes—can cause an accident.
Manufacturer defects can also be a contributing factor, and we have extensive experience with product liability cases. Proving that a dangerous product contributed to the severity of an accident can mean better compensation for our clients.
Louisiana Auto Accident Laws [2020]
Is Louisiana Is an At-Fault State
Louisiana is an “at fault” state for auto insurance claims. This means that the insurance company for the party responsible for causing the accident is legally responsible for the other person’s damages.
One issue we often deal with is if there is a dispute over who was at fault. In these situations, your insurance company should pay your damages up to the coverage in your policy.
Negligence in a Car Accident
To recover damages from a motor vehicle accident you need to prove that another driver somehow negligently cased both the accident and your damages.
To win a negligence claim you need to prove four different factors:
The doctrine of comparative fault applies in all personal injury cases in Louisiana.
This means that a plaintiff’s award will be reduced or offset by the amount that he or she was negligent. In most cases, it will be up to a jury to determine the percentage that the plaintiff was at fault.
Some accidents occur because a motorist was in violation of a law, rule, or ordinance.
When there happens, the legal doctrine of negligence per se may apply.
This permits the court and jury to presume that the defendant in a case was negligent.
What is Louisiana’s “No Pay, No Play” Law
A Louisiana resident is legally required to maintain auto insurance.
The minimal amount of liability insurance required in Louisiana is present $15,000.00 for bodily injury with $30,000.00 for cases involving multiple claimants.
Louisiana also requires a person to have a minimum of $25,000.00 in coverage for property damage.
If a person without insurance is involved in an accident, Louisiana’s No Pay No Play law does not allow him or her to recover the first $15,000.00 in damages for bodily injury or the first $25,000.00 in property damage.
DUI Accidents in Louisiana
Louisiana is a festive place with lots of celebrations.
As a result, the rate of motor vehicle accidents and fatalities involving someone under the influence of alcohol is much higher than the national average.
In Louisiana, the victims of drunk drivers are permitted to recover punitive or exemplary damages.
The purpose of punitive damages is to allow the court or jury to financially punish someone for their bad conduct.
Punitive damages are paid in addition to all other types of damages including medical expenses, lost wages, property damage, and pain and suffering.
Louisiana Civil Code article 2315.4 provides the standard to permit someone to recover punitive damages.
It states that ““in addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton and 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.”
To recover punitive damages, you do not have to prove that the other driver was over the legal blood alcohol limit to operate a motor vehicle.
Instead, you only need to show that he or she was intoxicated to the point where they did not have full control of their faculties.
In many cases, first responders at the scene of the accident will be able to tell if one of the motorists is under the influence of alcohol.
If you observe one of the motorists slurring their speech or acting erratically, you should be sure to inform a first responder.
How Can The BFH Law Group Help?
Prior to starting this firm, our attorneys handled hundreds of personal injury cases for insurance companies.
This experience allows us to understand our opponent’s playbook and helps us understand what it will take to maximize your recovery.
It is our goal to maximize each client’s recovery and provide the personal and professional service each client deserves.
If you have been involved in an accident, we are available 24/7 for your telephone call.
We will walk you through the claim process and help you get on a path to recovery.
If you’d like to discuss the details of a motor vehicle accident that resulted in serious injuries, please contact us.