In Louisiana, a car accident victim is typically able to recover only compensatory damages to help put them back in the same position they were in prior to the accident. One exception where you can collect punitive damages is if a person is injured in a car accident caused by a drunk drive. The punitive damages are designed to punish the drunk driver for their reckless behavior and deter similar behavior in the future and can sometimes be amounts ten times the amount of what you could recover in a normal accident.
An injured person can recover punitive damages under Louisiana Civil Code article 2315.4 by proving the following three elements:
1. The at fault driver was intoxicated or impaired
2. The intoxication was the cause in fact of your injuries
3. The injuries were caused by the at fault driver's wanton or reckless disregard for the rights and safety of others.
You may be able to recover punitive damages even if the other driver was not arrested at the scene of the accident.
If you are injured in an accident and suspect the other driver was impaired, give us a call for a free consultation on your claim. If you are involved in a car accident in Metairie or New Orleans, it is important to consult with an experienced Metairie personal injury lawyer or a New Orleans personal injury lawyer as soon as possible. Give us a call for a free consultation on how we can assist you with this claim.
- Amanda Morse is an associate at Kiefer & Kiefer.
This is provided for informational purposes only and not for the purpose of providing legal advice.