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After a crash caused by an impaired driver, liability often centers on a single number: 0.08%. Under Louisiana law, a blood alcohol concentration (BAC) at or above that threshold establishes legal impairment.
Dealing with the fallout can be very frustrating. You’re trying to heal while medical bills pile up, work is put on hold, and insurance companies start calling. You shouldn’t have to carry that burden on your own. We’re here to step in and handle the heavy lifting so you can focus on getting better.
If you were injured in a collision, consulting a Livingston Car Accident Lawyer is an important first step. At Gauthier Amedee Injury Lawyers, our team works to protect your rights and pursue fair compensation on your behalf.
Reach out to talk through what happened and what your options might look like.
Alcohol impairs depth perception, reaction time, and judgment in distinct ways, leading to specific types of collisions. Because the circumstances of the impact dictate the investigation strategy, we tailor our approach to cases involving:
Proving the other driver was drunk is just the first part of the puzzle. From there, the details of the crash can show us who else might be at fault. In some crashes, the person who caused the wreck was driving a work vehicle or borrowed a car from someone who knew they shouldn’t be driving.
In a big chain-reaction crash, other drivers might share part of the blame too. Finding every person and insurance company involved is important so you have the best chance to cover your doctor bills and lost time from work.
A drunk driving crash is not a routine fender-bender, and Louisiana sets a firm deadline to act. For a crash that happens today, you generally have 2 years from the date of the crash to file a personal injury lawsuit, under La. Civ. Code art. 3493.1.
Miss that window, and a court can refuse to hear your claim at all, regardless of how clear the other driver’s fault was. Louisiana also looks at how much fault, if any, belongs to you. Under the state’s current fault-sharing rules, a person found 51% or more responsible for a crash cannot recover damages at all.
Any share of fault below that threshold reduces what that person can collect in proportion to that share. That makes it worth having the police report and witness statements reviewed early, before an insurance company settles on its own version of events.
A drunk driving injury claim benefits from attorneys who understand both sides of the courtroom.
Attorney Andre P. Gauthier has practiced law in Louisiana since 1992, giving him long-standing familiarity with how Louisiana courts and insurance companies handle injury claims. Attorney Lee “Jody” Amedee III previously served as an Assistant District Attorney in the 23rd Judicial District, so he also understands how prosecutors and courts evaluate evidence of impairment.
We draw on that combined civil and criminal background when we evaluate a claim and put together the evidence to support it.
Gauthier Amedee Injury Lawyers offers free consultations, so you can discuss what happened and find out where you stand before deciding anything.
Yes. A civil injury claim does not require a criminal conviction. Even if a prosecutor declines to pursue charges or a case ends without a conviction, you can still pursue compensation in civil court. Civil cases use a different and lower standard of proof than criminal cases.
A civil lawsuit over a drunk driving crash in Livingston Parish is usually filed in the 21st Judicial District Court, located at 20300 Government Blvd. in Livingston. That same court also covers St. Helena and Tangipahoa parishes, and the right place to file can depend on exactly where the crash happened and where the at-fault driver lives.
Generally, no. Louisiana’s alcohol-liability law protects most bars, restaurants, and social hosts from civil responsibility when they serve an adult of legal drinking age who later causes a crash. That protection does not apply if the business served someone under 21, so the driver’s age is worth looking into.
A drunk driving crash is not something you have to sort out alone. Our team can look at what happened, explain where Louisiana law puts you, and talk through what a claim against an impaired driver might involve.
Contact us today for a free consultation and find out what your next step could be.
Disclaimer: The information on this page is for general informational purposes only and is not legal advice. Reading this page or contacting Gauthier Amedee Injury Lawyers does not create an attorney-client relationship.
As your dedicated and trusted Gonzales, LA, personal injury law firm, part of our responsibilities are defending your rights to
fair compensation against the aggressive, strong-arm tactics of insurance companies. We have spent decades fighting against
these tactics. We know how to stand up to them, that’s why we’re your Go2Laywers. The next time insurance adjusters come
calling, don’t talk to them. Direct them to your attorneys at Gauthier Amedee Injury Lawyers.
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