Having a drink and getting behind the wheel is not the best idea. In Louisiana, a driver 21 years of age or older is considered legally drunk when their blood alcohol level is .08 or greater. Drivers under the age of 21 are considered legally drunk when their blood alcohol level is .02 or greater. The requirements are even more stringent for commercial drivers. A commercial driver is considered legally drunk when their blood alcohol concentration is .04 or greater.
If you suspect that the other driver is intoxicated, you should let the police know when they arrive to the scene. Also, pay attention for signs of drunkenness, including slurred speech and loss of balance. If you were struck by a drunk driver, you may be entitled to higher monetary compensation in the form of exemplary damages. Also known as punitive damages.
Louisiana allows punitive damages in a few situations. One such situation is being struck by a drunk driver. Punitive damages are damages awarded with the intention to punish the defendant’s bad behavior. Under Louisiana Civil Code 2315.4, damages may be awarded upon proof that the injuries on which the action is based were caused by wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries. If you have been struck by a drunk driver, my firm can help.