Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
When a drunk driver causes a crash, it may seem obvious that they should be responsible for your injuries and losses. But a DUI arrest or conviction does not automatically decide your civil claim.
The criminal case and your injury claim are separate. So what does that mean for you if you were hurt by a drunk driver in Louisiana?
A New Orleans car accident lawyer can help you understand how the evidence, Louisiana law, and the facts of your crash affect your claim. Let’s look at when a drunk driver can be held responsible and what you may be able to recover.
A DUI can lead to both a criminal case and a civil claim, but they serve different purposes. The state handles the criminal case and may seek jail time, fines, or other penalties. A civil claim is about recovering compensation for your injuries and losses.
The burden of proof is also different. A criminal case requires proof beyond a reasonable doubt. In a civil case, you generally need to show that the driver more likely than not caused your injuries.
A DUI conviction can support your claim, but you still need evidence showing that the driver’s actions caused the crash and your resulting losses.
Being drunk does not automatically make a driver responsible for every crash. You still need to look at how the accident happened and what each driver did.
For example, if a drunk driver had the right of way but another driver ran a stop sign, the other driver may share some or all of the fault. The key question is whether the driver’s impairment or other careless conduct caused the crash and your injuries.
That is why a DUI arrest is important evidence, but it does not answer the liability question.
Louisiana assigns each person a percentage of fault, and that percentage can reduce the amount they recover. The rule depends on when the crash happened.
For crashes before January 1, 2026, Louisiana used pure comparative fault, meaning you could still recover even if you were mostly at fault. For crashes on or after January 1, 2026, the 51% rule applies. If you are found 51% or more at fault, you cannot recover damages.
For example, if your damages are $100,000 and you are 10% at fault, you could recover $90,000. If you are found 55% at fault in a 2026 crash, you cannot recover, even if the other driver was drunk.
To hold a drunk driver responsible, you generally need evidence showing both that the driver was impaired and that their actions caused the crash and your injuries.
Evidence may include:
The sooner this evidence is preserved, the easier it may be to use it when making your claim.
Louisiana generally does not hold bars or restaurants responsible for injuries caused by someone who drank there. Under Louisiana Revised Statute 9:2800.1 , the law generally places responsibility on the person who consumed the alcohol, not the business that served it.
There are limited exceptions, such as when alcohol was forced on someone or a person was falsely told that a drink contained no alcohol.
In most drunk-driving cases, the claim is against the driver and their insurance company, not the bar or restaurant.
If you are injured by a drunk driver, you may be able to seek compensation for both financial losses and the impact the crash has had on your life.
These damages may include:
Under Louisiana Civil Code article 2315.4 , punitive damages may be available when a driver’s intoxication caused the injury, and their conduct showed a reckless disregard for other people’s safety. These damages are meant to punish that conduct, not pay for your actual losses.
A DUI arrest does not settle your injury claim. You still have to show what happened, how you were hurt, and what the crash has cost you. An attorney can help collect the police report, medical records, test results, and other evidence while dealing with the insurance company for you.
Charbonnet Law Firm has represented injured people in New Orleans and nearby parishes for three generations and has recovered millions of dollars in settlements for clients. Past results do not guarantee the same outcome in another case.
If you were hurt by a drunk driver, talking to a lawyer early can help you understand where your claim stands and what to do next.
|
Feature |
Criminal DUI Case |
Civil DUI Injury Claim |
| Brought by | The state (prosecutor) | You, the injured person |
| Purpose | Punish the offense | Compensate your losses |
| Burden of proof | Beyond a reasonable doubt | More likely than not |
| Possible outcome | Jail, fines, license suspension | Money for injuries and losses |
| Punitive damages | Not the mechanism | Possible under art. 2315.4 |
| Can both happen? | Yes | Yes, on separate tracks |
Fault depends on how the crash happened. Intoxication can be important evidence, but both drivers’ actions still matter.
A DUI conviction can support a civil claim, but you still need to show that the crash caused your injuries and financial losses.
Louisiana law generally protects bars and restaurants from these claims. There are limited exceptions, such as forcing someone to drink alcohol.
Punitive damages may be available when an intoxicated driver’s conduct caused the injury and showed wanton or reckless disregard for others’ safety.
Your share of fault can reduce your recovery. For crashes on or after January 1, 2026, being 51% or more at fault prevents recovery.
The deadline is generally two years for crashes on or after July 1, 2024. Crashes before that date had a one-year deadline.
A drunk-driving accident can leave you dealing with injuries, medical bills, and an insurance company while you are still trying to recover. Understanding your rights early can help you decide what to do next.
At Charbonnet Law Firm, consultations are free. If a drunk driver injured you in the New Orleans area, call (504) 888-2227 to discuss your case and your legal options.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
