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Filing claims against drunk drivers

On Behalf of | Jan 26, 2024 | Drunk Driving Accidents

A car accident has the potential to change your life in an instant. The moment that it takes a crash to occur can lead to detrimental injuries and other impacts that can negatively affect you for years to come. In many cases, these types of accidents are the result of the reckless or negligent actions of others, such as those who decide to get behind the wheel while intoxicated. Drunk driving can have serious or even fatal consequences for innocent Louisiana motorists.

Even in cases that seem clear-cut, such as DUI accident cases, it is not always easy to seek recovery. Insurance companies are always working to protect their bottom lines, and they will do everything possible to avoid paying on even valid claims. If you were the injured party or lost a loved one as a result of the actions of a drunk driver, you will benefit from understanding all the options available to you.

Determining who is to blame

Determining liability after a car accident is not always an easy task. You may feel that what happened and who is to blame is quite clear, but the insurance company might not agree with you. As you consider the ways through which you may be able to seek a full and fair recovery after your accident, it might be helpful to be familiar with the terms often seen in accident cases when determining liability:

  • Duty — Each driver has a duty to follow traffic laws and to avoid endangering others on the road.
  • Breach of duty — This includes any actions that violate the duty that a driver has, such as speeding or driving drunk.
  • Cause in fact — This involves the relationship between the actions of the driver and the injuries sustained as a result.
  • Damages — This includes damage to personal property or one’s physical well-being after a crash.

If you are suffering through the aftermath of a drunk driving accident, you do not have to navigate the aftermath alone. You will benefit from seeking professional guidance regarding the most effective way to secure damages, whether it is through a third-party claim against the driver’s insurance or another option. With this support, you will have a higher chance of a successful outcome.