Can I recover punitive damages if a drunk driver hit me in Shreveport?

Yes. Louisiana authorizes exemplary damages specifically for injuries caused by an intoxicated driver under La. C.C. Art. 2315.4. The statute applies when the driver's intoxication was a cause in fact of your injury and the conduct showed wanton or reckless disregard. There is no statutory cap on exemplary damages in this context.

What is the deadline to file a lawsuit against a drunk driver who injured me in Louisiana?

For injuries on or after July 1, 2024, you have two years from the date of the accident under La. C.C. Art. 3493.1. For injuries that occurred before July 1, 2024, the one-year prescriptive period under La. C.C. Art. 3492 applies. Criminal charges against the driver do not pause or extend this civil deadline.

Can I sue the bar or restaurant that served the drunk driver who hit me in Shreveport?

Usually no. Louisiana's dram shop law generally shields bars, restaurants, and social hosts from liability for serving alcohol to an intoxicated adult; the main exception is service to someone under 21. If the drunk driver was an adult, a claim against the establishment that served them is unlikely to succeed under Louisiana law.

How does Louisiana's comparative fault rule apply if I was also partly at fault in an accident with a drunk driver?

Under La. C.C. Art. 2323, Louisiana follows modified comparative fault. A jury assigns a fault percentage to each party; if your share is less than 51 percent your compensation is reduced by that amount, but at 51 percent or more you cannot recover. In most drunk-driving crashes the impaired driver bears the great majority of the fault.

Does a DUI conviction help my civil case against the drunk driver?

A criminal conviction is evidence that can be introduced in a civil proceeding. It establishes that the driver was legally intoxicated and violated Louisiana law, which supports the negligence and exemplary damages claims. The conviction does not, however, automatically determine the outcome of the civil case, which requires its own proof of causation and damages.

If the drunk driver had no insurance or minimal coverage, what are my options in Louisiana?

You can make a claim under your own uninsured or underinsured motorist coverage if you rejected it in writing. Louisiana requires insurers to offer UM/UIM coverage under La. R.S. 22:1295. If you did not reject it, you likely have it. The policy limits on your UM/UIM coverage become the practical ceiling for compensation in that scenario.

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Shreveport Drunk Driver Accident Lawyer

Trey Morris and Justin Dewett, Morris & Dewett Partners

There are plenty of qualified attorneys in Shreveport. You are doing your research, which means something has happened. No one reads lawyer websites until they need one. Our clients came to us after they were injured by drunk drivers who had no business being behind the wheel. This page explains Louisiana's drunk driving laws, what impairment looks like at different BAC levels, who can be held liable, and what your legal options are. Read it. Compare us. Your decision.

Drunk Driver Attorneys

Information and Guidance for Victims of Drunk Driving

Almost half of all fatalities in drunk driving accidents in our state are alcohol related. Drunk drivers have a slower reaction time and when it comes to driving a vehicle weighing, at the minimum, 1-2 tons, a few seconds can make a huge difference. In addition to slow reaction time, impaired judgment and focus can result in an inability to read and respond to the signs on the road.

Has a drunk driver injured you or a loved one in Shreveport? You may be able to sue to recover damages for your losses.

Shreveport Drunk Driver Accident Lawyer

Driving under the influence of alcohol causes nearly one-third of all deadly accidents across the U.S., including Shreveport, Louisiana. Drunk driving is 100% avoidable and 100% inexcusable, just like aggressive driving and distracted driving. The negligent motorists who cause drunk driving accidents can be held liable for the deaths, injuries, and property damage they inflict.

There are many types of injuries that can be the result of a drunk driving car accident, including traumatic brain injuries, spinal cord injuries, broken bones, internal organ damage, severe lacerations, and soft tissue injuries.

Drunk Driving Laws in Shreveport, Louisiana

Similar to the laws found in many other U.S. cities and states such as neighboring Texas and Arkansas, Shreveport legislation defines drunk driving according to levels of blood alcohol content (BAC). Blood alcohol content (BAC) is the percentage of alcohol in a person's bloodstream, measured as grams of alcohol per 100 milliliters of blood. Different BAC limits are set based upon the drinker's age and the type of driving license they hold.

The following table reveals the varying BAC limits for Shreveport and the rest of Louisiana:

Category	BAC Limit
Under 21	0.02
21 and older	0.08
Commercial Driver's License Holder	0.04

Even with the existing laws and their subsequent harsh penalties for driving drunk, too many people continue to drive once impaired by alcohol.

How Does Alcohol Impair Drivers and Increase Crash Risks?

People who drive under the influence experience impaired auditory and visual perception, along with slower reaction times, poor judgment, and drowsiness. Not surprisingly, a drunk driver with a higher BAC experiences even more intense impairments than someone with a lower BAC. The table below lays out the impairments experienced by BAC level:

BAC Level	Usual Impairments Experienced by the Driver
0.02	Trouble tracking rapidly moving objects visually; Difficulty performing more than one task at a time; More susceptible to driver distraction
0.05	Greater difficulty visually tracking rapidly moving objects; Impairments involving steering and coordination; Poor judgment and slow response times when unexpected events occur while driving
0.08	Short-term memory loss; Significant impairments in perception and concentration; Difficulty controlling vehicle speeds; Trouble with processing information
0.10	Difficulty slowing or stopping a vehicle; Inability to remain in the correct lane
0.15	Substantial loss of balance and muscle control; Minimal ability to process what's happening in the surrounding environment; Extremely limited ability to maneuver a vehicle safely

Even Relatively Low BACs Cause Motorists to Experience Impairments

Even relatively low BACs cause motorists to experience impairments that are capable of increasing the risk of accidents. This is particularly true if a driver simultaneously engages in additional risky behaviors, like speeding or texting.

These impairments explain why each state in the U.S., including Louisiana, has outlawed drunk driving.

Statistics on Drunk Driving Crashes

Drunk driving is a hot topic today and has been for the last few decades. As a result, many organizations have devoted research to drunk driving behavior and risk factors. From Mothers Against Drunk Driving to the Insurance Information Institute and the Centers for Disease Control and Prevention, the latest drunk driving statistics outline just how often impaired drivers are the cause of serious accidents and permanent harm.

Who Can I Sue After a Drunk Driving Wreck in Shreveport, Louisiana?

Although the drunk driver is the obvious target in a lawsuit after a drunk driving accident, other parties may be liable for your damages (or those of your loved one). There are a few key points when it comes to seeking compensation after an alcohol-related accident.

In Louisiana, a bar, restaurant, or social host who serves alcohol to a visibly intoxicated person may be held liable under the state's dram shop laws if that person subsequently causes an accident. Louisiana Revised Statute 95:1 addresses liability for vendors who sell or serve alcohol to intoxicated persons.

If you believe a drunk driver has impacted your family, you should reach out to an experienced Shreveport drunk driver accident lawyer as soon as possible. The statute of limitations (the legal deadline for filing a personal injury claim in Louisiana) is one year from the date of the accident under La. Civ. Code art. 3492.

Who We Are and What We Do

Compensation to those affected by the recklessness of another should represent the degree of harm. These injuries can interfere with one's ability to earn a living and generate significant medical costs. We have handled many drunk driving accident cases and resolved them for our clients. Acting quickly matters. All evidence supporting your claim should be preserved as soon as possible after the accident.

The legal team at Morris & Dewett Injury Lawyers has handled drunk driving accident cases throughout Shreveport and Northwest Louisiana. View our case results to see how we have approached these matters. We answer calls 24 hours a day.

Frequently Asked Questions

These are questions people often ask about this type of claim in Shreveport. The answers reflect Louisiana law and are general information, not legal advice for your specific situation.

Can I recover punitive damages if a drunk driver hit me in Shreveport?: Yes. Louisiana authorizes exemplary damages specifically for injuries caused by an intoxicated driver under La. C.C. Art. 2315.4. The statute applies when the driver's intoxication was a cause in fact of your injury and the conduct showed wanton or reckless disregard. There is no statutory cap on exemplary damages in this context.
What is the deadline to file a lawsuit against a drunk driver who injured me in Louisiana?: For injuries on or after July 1, 2024, you have two years from the date of the accident under La. C.C. Art. 3493.1. For injuries that occurred before July 1, 2024, the one-year prescriptive period under La. C.C. Art. 3492 applies. Criminal charges against the driver do not pause or extend this civil deadline.
Can I sue the bar or restaurant that served the drunk driver who hit me in Shreveport?: Usually no. Louisiana's dram shop law generally shields bars, restaurants, and social hosts from liability for serving alcohol to an intoxicated adult; the main exception is service to someone under 21. If the drunk driver was an adult, a claim against the establishment that served them is unlikely to succeed under Louisiana law.
How does Louisiana's comparative fault rule apply if I was also partly at fault in an accident with a drunk driver?: Under La. C.C. Art. 2323, Louisiana follows modified comparative fault. A jury assigns a fault percentage to each party; if your share is less than 51 percent your compensation is reduced by that amount, but at 51 percent or more you cannot recover. In most drunk-driving crashes the impaired driver bears the great majority of the fault.
Does a DUI conviction help my civil case against the drunk driver?: A criminal conviction is evidence that can be introduced in a civil proceeding. It establishes that the driver was legally intoxicated and violated Louisiana law, which supports the negligence and exemplary damages claims. The conviction does not, however, automatically determine the outcome of the civil case, which requires its own proof of causation and damages.
If the drunk driver had no insurance or minimal coverage, what are my options in Louisiana?: You can make a claim under your own uninsured or underinsured motorist coverage if you rejected it in writing. Louisiana requires insurers to offer UM/UIM coverage under La. R.S. 22:1295. If you did not reject it, you likely have it. The policy limits on your UM/UIM coverage become the practical ceiling for compensation in that scenario.