The shock of being struck by another vehicle can seem almost surreal. When you’re in this position, it can be hard to think about everything you need to do. One of the most important things is to contact emergency services to have the police and paramedics come to the scene. Once the officer arrives, they will try to determine what caused the crash. If they have reason to believe that a drunk driver caused the wreck, they will take steps to determine if that’s the case.
If you find out that the driver was intoxicated when they struck you, you’re likely going to be infuriated because the accident could have been avoided if the person didn’t get behind the wheel. The driver is almost certainly going to face criminal charges, but you can also seek compensation from them through the Louisiana civil court system.
While a person can’t face criminal charges twice for the same drunk driving incident, they can face a criminal case and a civil one. While the outcome of one case doesn’t depend on the other, there are some elements that can cross over.
Being able to prove the intoxication level of the other driver is one important element in your case. This is also a factor in the criminal case. You’ll also need to be able to show that the person didn’t exercise the appropriate care, which contributed to the crash.
There are many damages that you might seek as part of your claim. These include repayment of medical care costs and money for the wages you were unable to earn while you were healing. Others might also be possible, so be sure to have a thorough legal review done of your case.