Everybody knows that drinking and driving is incredibly dangerous. Drunk driving increases the chance that you will be involved in a fatal auto accident, can have a huge impact on your car insurance premiums, and can send you to jail.
What many people may not realize is the scope of the damages that can be awarded in a Louisiana drunk driving accident.
Punitive Damage Are Available for Louisiana Drunk Driving Accidents
Louisiana law allows for punitive damages in a very limited number of circumstances, but drunk driving is one of them. The potential for an award of punitive damages is important because it dramatically increases the exposure of the drunk driver if there is a car accident.
However, for these additional damages to be awarded, the victim has to show four things:
- The driver was intoxicated (not necessarily above the “legal limit” but rather just impaired mental or physical abilities)
- The driver “wantonly or recklessly” disregarded the rights or safety of others;
- The driver caused damages while actually operating a motor vehicle; and
- The driver’s intoxication was the cause of the injuries (it doesn’t have to be “the” cause of the accident but instead car be one of several causes).
Insurance Coverage for Louisiana Drunk Driving Accidents
An insured driver who gets into a car accident that is his or her fault should have some level of coverage for bodily injuries suffered by the accident victim. However, this does not necessarily mean that there will be coverage for punitive damages awarded because of a Louisiana drunk driving accident.
Determining whether there is coverage will turn on the language of the insurance policy. Louisiana courts have allowed coverage for punitive damages (to the extent of the policy’s limits) where the policy language provided coverage. On the other hand, courts have denied coverage for punitive damages from a drunk driving accident where coverage was specifically excluded.
Louisiana Car Accident Lawyer
Drunk driving accidents can be devastating. If you or a loved one has been hurt in a car accident involving a drunk driver, call The Mahone Firm today. There is no charge to discuss your potential case with a New Orleans personal injury attorney.
