New Orleans Drunk Driving Accident Lawyer

Skilled Drunk Driving Accident Attorney in New Orleans, LA

Operating a vehicle under the influence of drugs or alcohol increases the risk of an accident, as it lowers an individual’s reaction speed and ability to make judgment calls. If you were injured by a drunk driver, you can file a claim against them for causing the accident. A New Orleans drunk driving accident lawyer can help you secure the financial recovery you deserve.

This claim is separate from any criminal charges the individual may face and can be used to recover the cost of medical bills, lost income, and other damages you suffered.

Unfortunately, driving under the influence happens frequently. In Orleans Parish in 2025, 40% of fatal crashes and 8.08% of suspected injury accidents were alcohol-related. This was an 8.03% decrease in alcohol-related injury crashes from 2024 with no change in the number of alcohol-related fatal accidents.

In the same year, 58.62% of all fatal crashes and 5.72% of suspected injury crashes in Jefferson Parish were alcohol-related. This was an 11.96% decrease in suspected alcohol-related injury crashes from 2024 and an 112.50% increase in alcohol-related fatal crashes.

Of the 243 fatal alcohol crashes in the state, 22 of them occurred in Orleans Parish, and 17 occurred in Jefferson Parish. 2,293 suspected injury crashes in the state were alcohol-related; Jefferson Parish accounted for 162 of those, while Orleans Parish accounted for 332.

Although the statistics seem bleak, Hammond Law Firm, LLC is here to help you. We have many awards and honors that can help you file a claim against a drunk driver, including:

• AV-Rated by Martindale-Hubbell® (2026)
• Over 40 Years of Combined Legal Experience
• $10 Million+ Recovered for Our Clients Since 2008
• After-Hours Availability – for Urgent Legal Matters

Hammond Law Firm, LLC: Protecting Your Financial Interests

It is especially frustrating to deal with injuries and financial losses when they happen due to someone’s extreme carelessness and misconduct. If you were injured because another driver was impaired, you don’t have to deal with these costs alone.

At Hammond Law Firm, LLC, our New Orleans personal injury lawyers can support you in filing a civil claim against the at-fault party. We can also gather evidence to prove that their actions were the cause of the accident.

Impaired drivers put everyone on the road in danger. When they cause an accident, it can change the lives of everyone involved. Recovering monetary compensation cannot fix the damage done by the accident, but it can allow you to cover your expenses and maintain financial stability. Our firm wants to help. With over 40 collective years of experience, our team can determine what options you have for recovering your losses in negotiation or litigation.

How Do You Prove a Driver Liable for a Drunk Driving Accident?

A driver who injures you in an accident because they were impaired can face criminal charges, and a conviction for the offense can support your case. However, recovering damages in a civil claim does not require as high a burden of proof as a criminal case. To hold the driver liable, you must prove the following elements:

1. Duty of care. This means the driver owed you a duty of care, typically to act with reasonable consideration for your safety and follow traffic laws.
2. Breach of duty. The driver breached this duty of care by acting negligently and with misconduct by drinking and driving.
3. Causation. The breach of duty of care led directly to the accident that caused your injuries, meaning the accident would not have happened if the driver had not been impaired.
4. Damages. The accident and your injuries resulted in damages, including economic damages and noneconomic damages.

If you can prove all four of these elements, you have a good chance of recovering compensation in a personal injury claim. If the other party is entirely liable for the collision, this compensation can be the entire cost of your economic and noneconomic losses.

What Damages Can I Potentially Recover After a Drunk Driving Accident?

The damages you can get in a personal injury claim compensate you for direct losses, including economic and noneconomic damages.

Economic damages are financial losses that include the following:

• Medical expenses. This includes existing bills and the cost of future treatment. This may be for medication, doctor’s visits, surgeries, and other costs. If you need long-term care, mobility aids, or physical rehabilitation, this is also included. The claim can also cover expected medical complications that are common with the injuries you suffered.
• Property damage. Your vehicle and other personal property may have been significantly damaged in the crash. A claim can recover the cost to repair or replace this property.
• Loss of income. When your injuries prevent you from working for some time, the income and benefits you missed out on during this time are part of your claim.
• Loss of earning potential. If you can no longer sustain gainful employment due to your injuries, a claim can cover the income you would have earned throughout your lifetime.

Noneconomic damages are damages without clear objective values but are still losses that you suffered. This includes:

• Pain and suffering
• Disability
• Scarring and disfigurement
• Loss of quality of life
• Loss of enjoyment of life
• Loss of consortium

When your case involves a drunk driver, you may also be eligible for punitive damages, called exemplary damages in Louisiana. Unlike noneconomic and economic damages, exemplary damages do not seek to compensate you for a loss you suffered. Instead, they are awarded by the court in specific circumstances to punish the at-fault party.

Exemplary damages are typically awarded when the at-fault party causes the accident because they are intoxicated and show a disregard for other people’s safety.

An attorney is crucial in calculating your damages and making a case for exemplary damages. Many people underestimate what they are owed in a claim, particularly when they are injured by a drunk driver.

You may not realize the true cost of your future financial losses and noneconomic damages. By having an attorney who can accurately calculate these damages, you can feel confident that you will secure a settlement that covers your losses. If the insurer or other party offers a settlement that is too low, your attorney can take the claim to court.

Common Defenses That You Could Be Up Against in Your Drunk Driving Case

If the driver who caused your crash argues that they’re not responsible, it’s important to understand the defenses that need to be countered during your case.

Louisiana’s drunk driving accident laws can be complex. Legal representation can make a significant difference in the outcome of your drunk driving accident claim. Some of the defenses we’re prepared to challenge include:

• Claiming they weren’t actually impaired. We can gather evidence like police reports, chemical test results, witness statements, and video footage to demonstrate that the driver’s impairment contributed to the crash.
• Arguing about the legality of the traffic stop or arrest. Even if the defense challenges how the investigation was handled, we can rely on additional evidence that establishes the driver’s negligence while supporting your civil claim.
• Questioning breath or blood test results. If the defense attacks the accuracy of chemical testing, we can present other evidence, including officer observations, eyewitness testimony, and accident reconstruction findings, to show that the driver was impaired.
• Offering alternative explanations for signs of impairment. The defense could argue that fatigue, medical conditions, or other factors explain the driver’s behavior. Our team works to show how the evidence supports that alcohol or drugs played a role in the accident.
• Trying to create doubt about what happened. Whether the defense disputes witness accounts or challenges other evidence, we work to build a clear, well-supported case that demonstrates the driver’s negligence.

Successfully responding to these arguments requires a thorough investigation, reliable evidence, and a clear understanding of Louisiana’s drunk driving accident laws. At Hammond Law Firm, LLC, we’re committed to preparing every case with attention to detail and aggressively advocating for injured clients.

FAQs

What Evidence Beyond the Police Report Can Strengthen My Drunk Driving Accident Case?

Evidence beyond the police report that can strengthen your drunk driving accident case includes:

• Medical records
• Toxicology results
• Traffic camera footage
• Photographs
• Cell phone data
• Vehicle damage
• Eyewitness statements
• Testimony from accident reconstruction professionals

These can help establish liability and demonstrate how the intoxicated driver’s actions directly caused your injuries and financial losses.

Can I Still Recover Compensation if the Drunk Driver Was Not Convicted of a DUI?

Yes, you can still recover compensation even if the drunk driver was not convicted of a DUI. A criminal conviction isn’t needed to pursue compensation in a civil case. Civil claims rely on a different burden of proof, meaning evidence showing the driver’s impairment and negligence could be enough to receive compensation.

How Does Louisiana’s Comparative Fault Rule Affect a Drunk Driving Accident Case?

Louisiana’s comparative fault rule affects a drunk driving accident case when the defense argues that your own actions contributed to the collision. If the court assigns you a percentage of fault, your compensation could be reduced by that percentage. Thorough collection of evidence and legal advocacy can counter unsupported comparative fault allegations.

What Should I Avoid Doing After a Drunk Driving Accident If I Expect to File a Claim?

If you expect to file a claim after a drunk driving accident, you should avoid: 

• Giving recorded statements to the insurance company without legal guidance
• Posting details about the accident on social media
• Delaying medical treatment
• Repairing your vehicle before the damage has been documented

Preserving evidence and following your healthcare provider’s recommendations can help you protect your claim.

Hire a Drunk Driving Accident Lawyer in New Orleans, LA

When you need to hire a drunk driving accident lawyer in New Orleans, our experienced team offers the support of our resources and legal knowledge. We help you understand your options for recovering compensation and can represent you in negotiations.

If a trial is needed, we have experience representing individuals at the Civil District Court for the Parish of Orleans or the 24th Judicial District Court. Our team advocates for you, helping you achieve financial certainty during this stressful time in your life.

Contact Hammond Law Firm, LLC today.

*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.

**Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

New Orleans Drunk Driving Accident Lawyer Reviews

Al B. 
“Exceptional service from start to finish. The attorneys were knowledgeable, responsive, and fought hard on my behalf. Their efforts led to positive outcome. Highly recommended!”

Denny Henderson
“I would like to thank Mr. Hammond and his team. When I would have a question or a concern they would be prompt with a response. They did everything to make sure that I received the best outcome possible, and I highly recommend them.”

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Hammond Law Firm, LLC – New Orleans Office

650 Poydras St., Ste. 2617
New Orleans, LA 70130