Drunk Drivers

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Injury or death caused by a drunk driver is perhaps the most upsetting, anger-provoking of all kinds of personal injury cases. The thought of an innocent victim suffering serious or fatal injury at the hands of an irresponsible individual can evoke outrage among members of the community. At The Law Offices of Larry Curtis, we aggressively pursue claims against irresponsible drinkers and the bars, nightclubs, and restaurants that improperly serve them. According to the National Highway Transportation Safety Administration, drunk drivers injured more than 250,000 individuals during 2005 (See Drunk Driver FAQ). Although the law can never replace a loved one, it does provide means of recovery for victims. Victims can sue the drunk driver under the general laws of negligence, but often the drunk driver is either uninsured or underinsured and has few, if any, assets to support a lawsuit.

In some states, people who serve alcoholic beverages may be liable for damages resulting from the consumption of alcoholic beverages. Liability may be imposed either under specific state laws ("dram shop acts") or under the general law of negligence. Dram shop acts ("dram" was once a common term for "liquor") are laws that impose liability for negligence on the sellers of alcoholic beverages for sales to persons under the legal drinking age or to those who are obviously intoxicated. A liquor store, bar or restaurant may be responsible for any damages caused by a person's drinking if it sold alcohol to an underage person or to a person who was obviously intoxicated. Louisiana law, however, creates no liability for the server who provides alcoholic beverages to an intoxicated person, who then causes injuries or property damage as a result of their intoxication. Louisiana law operates under the presumption that the intoxication is the proximate cause of any injuries, death, or property damage, and it is the intoxicated person who is primarily liable with respect to injuries to third persons. L.A. R.S. § 9:2800.1. However, a vendor of alcoholic beverages who sells alcoholic beverages to minors cannot escape liability. In such a case, a seller of alcoholic beverages would be held liable for damages caused by a minor to whom liquor was sold. Hopkins v. Sovereign Fire & Cas. Ins. Co., 626 So.2d 880 (1993).

In some states, "social hosts" may be held liable for the damages caused by intoxicated guests, if the host provides alcoholic beverages to an obviously intoxicated guest whom they know to be driving. A social host is an individual who serves alcoholic beverages in a social setting, such as a home or a party, or as where an employer serves alcoholic beverages at a company. In Louisiana, however, liability does not attach to "social hosts." The social host is not liable for the damages caused by an intoxicated guest unless the host forces the guest to consume alcoholic beverages, or falsely represents that the beverages did not contain alcohol. Hollis v. City of Baton Rouge/Parish of East Baton Rouge, 593 So.2d 388 (1991).

In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident involving a drunk driver, call The Law Offices of Larry Curtis now at (337) 235-1825 or Toll Free 1-800-528-1825 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.