Lake Charles Drunk Driving Accident Lawyer

Lake Charles Drunk Driving Accident Attorney

Drunk drivers make reckless choices that put lives at risk. These accidents often lead to severe injuries and financial hardships. Don’t let a drunk driver escape the consequences by creating a strong legal strategy. A Lake Charles drunk driving accident lawyer can provide financial relief for bills and the emotional toll of a preventable tragedy.

Every Case Receives Personal Attention

Handling serious injury cases requires both skill and medical knowledge. With experience in both fields, Lee M. Schwalben, M.D., J.D., LLC provides dedicated representation to accident victims and their families. Our firm has the knowledge to challenge insurance companies and to prove the extent of your injuries.

What to Do After a Drunk Driving Accident

A drunk driving accident is serious, not just in terms of safety, but in the amount of damage caused. There are some important steps that can help make the future resolution process easier, including:

• Report the accident. Call 911 immediately. Louisiana law requires reporting serious accidents that result in injuries or damage to property. Provide accurate details to law enforcement so that they can create their own report of the incident. Contact LCPD (337-491-1456) or CPSO (337-491-3700) depending on the accident location.
• Seek medical attention. Even if you feel fine, get a medical evaluation to document any injuries. Visit hospitals like Lake Charles Memorial Hospital, CHRISTUS Ochsner St. Patrick Hospital, or West Calcasieu Cameron Hospital. After receiving an evaluation or treatment, save copies of your medical records and any bills incurred.
• Document the scene. Take photos of vehicle damage, road conditions, and traffic signals. It’s also important to record the weather and any other relevant environmental factors. If there are witnesses or people who might have seen the accident in real time, gather their contact information to receive their side of the story.
• Obtain a police report. It is fine to request a police report after the accident. This is an important piece of evidence that includes details of the accident. It also records whether or not any citations were given as a result of the accident. Request a copy from the responding law enforcement agency to support your insurance or legal claim.

An attorney can help with insurance negotiations and potential legal claims. These situations often require extensive compensation due to serious injuries after the accident.

Proving Liability in a Drunk Driving Claim

Proving liability requires strong evidence like police reports and testimonies from witnesses. Louisiana law sets the legal intoxication limit at 0.08% for drivers over 21. Surveillance footage from traffic cameras or nearby businesses can further support your claim.

In some cases, third parties may be liable. However, Louisiana law limits claims against alcohol vendors unless they served a minor who was obviously intoxicated. If the intoxicated driver was driving for work at the time of the accident, the employer might be responsible.

Recoverable Damages

Drunk driving accident victims can recover both economic and non-economic damages. Economic damages include medical expenses, lost wages, and reduced earning capacity if injuries affect long-term employment. Medical costs may cover emergency treatment, surgery, and rehabilitation. These are usually calculated by reviewing things like medical bills and pay stubs.

Non-economic damages compensation for less tangible aspects of an accident like pain and suffering. These damages acknowledge the physical and emotional toll of an accident, particularly in cases of permanent disability.

Filing a Claim in Louisiana

Personal injury cases are usually filed in the 14th Judicial District Court. Insurance companies may attempt to settle for less than the full value of the claim. These companies often undervalue damages and attempt to save money by offering a quick settlement before you know the extent of the damages you suffered.

Having legal representation from Lake Charles personal injury lawyer can help maximize compensation by negotiating fair settlements and countering unfair fault assignments. They challenge any attempts by insurance companies or opposing parties to shift blame onto victims.

FAQs

Q: What Do I Do After a Drunk Driving Accident?

A: After a drunk driving accident, the first priority is safety. Move to a secure location as far from traffic as possible and call 911 to report the accident. Louisiana law requires reporting accidents with injury, death, or property damage over $500. Document evidence through photo and video, and make sure you receive a copy of the police report. To do this, contact the Lake Charles Police Department or Calcasieu Parish Sheriff’s Office.

Q: What Types of Damages Can Be Recovered in a Drunk Driving Accident Claim?

A: Some damages that can be recovered include medical costs, lost wages, and compensation for pain and suffering. Medical damages cover the costs associated with hospital visits and ongoing treatment. Lost wages include income lost during recovery and reduced earning potential. Pain and suffering accounts for both physical and emotional pain as well as a diminished quality of life.

Q: Does a Drunk Driver Have to Have Criminal Charges to File a Claim?

A: A drunk driver does not have to have criminal charges to file a civil claim against them. Civil charges and criminal charges are completely separate and are used for different purposes. Criminal charges determine whether or not an individual is guilty of committing a crime. Civil charges determine whether or not an individual was negligent in a way that harmed the victim who is seeking damages.

Q: What Evidence Is Needed to Prove That a Driver Was Intoxicated?

A: The evidence needed to prove that a driver was intoxicated includes police reports. These can contain officer observations as well as BAC test results and any citation issues. Witness statements can confirm reckless driving behavior before the crash. Traffic cameras or business surveillance footage may capture erratic driving or intoxication signs. If available, receipts from bars or restaurants can show alcohol purchases.

Fight Back Against Damage

Drunk drivers must answer for the harm they cause. Legal action can provide the financial support needed to heal and rebuild. Seeking justice holds reckless drivers accountable. A claim is not just about compensation; it’s about healing. Schedule a consultation with Lee M. Schwalben, M.D., J.D., LLC, to secure the resources needed to move forward.