Shreveport Drunk Driving Accident Lawyer

Are You Suffering After a Crash Caused by a Drunk Driver?

When Are Drinking and Driving Injuries More Than Accidents?

Auto accidents where a driver made the dangerous decision to drive while inebriated are so much more than just unfortunate “accidents.” They are caused by someone breaking the law and gambling with another person’s life and health. They are completely preventable misfortunes that didn’t need to happen. At Joseph A. Gregorio, A Professional Law Firm, we want to see if your drunk driving accident can lead to the maximum amount of compensation to you and yours. With our combined legal insights from having overseen hundreds of injury claims and complaint actions, we are the ones you need to contact if collisions with drunk drivers have completely turned your world upside-down.

Get the Justice You Deserve. With our expert team, we’re ready to fight for you. Call us today tel:(318) 719-7515 to get started!

What Not to Do After a Drunk Driving Crash

When you first get into a crash with a suspected drunk driver, try not to get too upset, terrified, or vengeful. You need to get through the situation as neatly as possible, which means avoiding extra mistakes. The worst of these mistakes are ones that could ruin your chances at seeing a dime of compensation from the drunk driver’s claim or an insurance claim.

To avoid mistakes, consider these accident tips:

Do not:

• Admit blame, say you’re sorry, or apologize.
• Decline medical attention when you need it.
• Refuse to file a police report or give a statement to the officer.
• Apologize or say it was “no big deal” to the drunk driver.
• Not call the local police after being told not to by a state trooper or deputy.
• Speak or give a recorded statement to the liable party’s insurance.
• Agree to a lowballed settlement from any insurance company.
• Post about your crash – especially your injuries – on social media.
• Say you were “just a little tipsy” to the police officer or doctor.
• Refuse to see a doctor after telling the police you were not injured.
• Forget to ask the officer for both the suspect’s breathalyzer and BAC results.

Injuries Caused By a Drunk Driver

According to the Centers for Disease Control and Prevention (CDC), or an alcohol concentration (BAC) of 0.08 grams per deciliter (g/dL) is above the Alabama legal limit. In 2016 alone, there were 10,497 deaths throughout the country related to drunk driving. If you’re someone who was hurt by a drunk driver – or if you lost someone you love because of a drunk driver – you’re not alone in this ongoing problem.

When it comes to drunk driving collisions in Shreveport, there are some injuries that are more commonly seen than others:

• Broken bones: The extreme impact of a crash can cause bones to suffer a fracture, which can hurt drivers badly.
• Traumatic brain injuries: Drivers are at higher risk of smacking the head of the steerage wheel or the door window, which can cause a traumatic brain injury.
• Organ damage: Major internal damage to the lungs, liver or kidneys can happen, leaving drivers in need of emergency surgery.
• Burn injuries: When the car catches on flames, fatal burn damages could happen. Even if an occupant could get out of the car once it’s enflamed, they could still die from the same. The latter is known as a fatality by car fire, meaning firefighters were responsible for such.
• Spinal cord injuries: While the vertebrae protect the delicate spinal cord, a drunk driving accident may generate enough force and torque to cause a back-breaking injury.

Yet, there are many more types of drunk driving accident-related injuries that drivers can deal with. The worst of these injuries can even lead to untimely death in the days, weeks, or months following the collision. However, survivors can suffer from severe brain injuries, paralysis, and organ damage in the meantime, the severity of which will further depend on these factors:

• The location and duration of the crash
• The safety mechanisms used in the vehicle
• The mental and emotional distress generated from the accident
• How the victim’s loved ones are coping with the loss of support

Understanding Dram Shop Liability

What is Dram Shop Liability? Dram shop laws allow victims of drunk driving accidents to hold bars, restaurants, or social hosts accountable for over-serving alcohol to an intoxicated individual. If a drunk driver causes an accident after being served alcohol at these establishments, the victims may have the right to seek compensation from the place that served them.

When Are Dram Shop Claims Applicable? Dram shop claims can be pursued if:

• The drunk driver was visibly intoxicated when they were served alcohol.
• The establishment continued to serve alcohol to the driver despite knowing they were impaired.
• The accident occurred as a direct result of the drunk driver’s actions after being over-served.

In these cases, victims can seek compensation for medical bills, lost wages, and pain and suffering by holding the responsible business or individual accountable.

How to Prove Dram Shop Liability Proving a dram shop case requires evidence, such as:

• Witness Statements: People who saw the drunk driver at the establishment can provide crucial testimony.
• Surveillance Footage: Video recordings from the bar or restaurant may show the driver’s behavior and the amount of alcohol consumed.
• Police Reports: The official police report may contain details about the intoxication level and the location where the driver was drinking before the accident.
• Receipts or Logs: Proof that the driver was served alcohol beyond the legal limit.

Working with an experienced attorney is essential to gather and present this evidence effectively. They will help ensure that your case is strong and increase your chances of getting the compensation you deserve.

What to Expect During a Drunk Driving Lawsuit

The Legal Process The steps in a drunk driving lawsuit usually include:

• Investigation: Gathering evidence, witness testimonies, and police reports.
• Filing the Claim: Officially submitting your lawsuit to the court.
• Settlement Negotiations: Negotiating with the insurance company or at-fault party to reach a fair settlement.
• Trial: If a settlement isn’t reached, the case goes to court for a trial.

Timeline of a Case The timeline for a drunk driving case can vary, but generally:

• Investigation and Filing: This may take a few weeks to a few months.
• Settlement Negotiations: Often a few months after filing the claim.
• Trial: A case may take a year or more to go to trial if no settlement is reached.

Victims can typically expect compensation after the case is settled or a verdict is reached.

Common Defenses in Drunk Driving Cases Drunk drivers or their insurance companies may raise defenses such as:

• Comparative Negligence: Arguing that the victim was partially responsible for the accident.
• Lack of Proof: Disputing evidence of intoxication or the cause of the crash.
• Accident Complexity: Suggesting that the accident was caused by factors unrelated to alcohol.

An experienced attorney can help counter these defenses and strengthen your case.

How to Gather Evidence After a Drunk Driving Accident

• Collecting Crash Scene Evidence Immediately after the accident, gather:
  • Photos: Take pictures of the crash site, damage to vehicles, and any visible injuries.
  • Witness Statements: Get contact information and statements from witnesses.
  • Police Report: Ensure the officer documents the scene and details the driver's behavior.
• Documenting Injuries and Damages It’s essential to keep track of all medical treatments:
  • Medical Records: Document doctor visits, surgeries, and physical therapy.
  • Bills and Receipts: Keep all records of medical expenses, including prescriptions and hospital fees.
• Surveillance Footage Video evidence can be vital:
  • Traffic Cameras: If available, request footage from nearby traffic cameras.
  • Business Cameras: Some businesses near the scene may have video that can show the driver’s behavior before the crash.

Proper evidence collection helps build a solid case and increases the chances of securing compensation for your injuries.

Former Attorney Insurance Firm Defense Attorney

Attorney Joe Gregorio at Joseph A. Gregorio, A Professional Law Firm, brings extensive experience from working with top injury firms and as a former defense attorney for National Indemnity Company. This behind-the-scenes knowledge of the insurance industry helps us fight against tactics used to dismiss or reduce claims. In drunk driving accidents, compensation typically comes from the driver’s insurance, not the driver themselves. With our expertise, we can gather the necessary evidence to build a strong case on your behalf.

What Are You Entitled to after a Drunk Driving Collision?

Your decision to give our firm a call won’t put you or your family at risk. Instead, experienced car accident Attorney Joe Gregorio can craft a trial-ready action for compensation, paving the way for you and your family to recover the maximum amount of compensation available. In fact, you could receive payment for the pain and suffering derived from a drunk driving injury-related crash caused by the negligent or reckless behavior of a drinker, including but not limited to:

• Lost wages, bonuses, commission opportunities and employment opportunities
• Medical bills directly associated with the accident
• Emergency transportation fees for diagnosis or to the emergency room
• Follow-up medical visits to discuss trauma sustained at the accident
• Rehabilitation costs for time-sensitive injury treatments
• Property continued pain and suffering (i.e., parked cars/objects in.) Being admitted into the ICU or emergency room at the hospital can be a terrifying experience for anyone. Whether you have experienced a neurological event like a stroke or been in a serious accident, you are likely receiving life-saving measures in order to keep you alive and mobile. The last thing anyone wants to find out is that their medication or Medicare implant is causing them additional harm.

If a doctor or medical provider’s medical negligence has harmed you, you could have grounds to pursue a lawsuit. Much like any other personal injury action, you will need to prove the doctor’s actions or omissions constituted unreasonable conduct, otherwise known as negligence. How to do this will depend on the specific facts of your case and what exactly the doctor did wrong. When a doctor omits something that needs to be completed or fails to make the necessary treatment decisions, the patient can suffer severe injuries and even death.

We Can Get You There with Surefooted Legal Counsel

Whether you need awareness Our drunk driving accident injury lawyer, Attorney Joe Gregorio, has never represented an insurance company. As such, he has spent every day of his immensely successful legal career fighting for the underdog. We understand how challenging it is to face off against the claimed drinking driver and their arrogant insurance provider. We also know how far some people are willing to go for their daily drink or their next buzz.

If you are concerned that the insurance company or the insurer themselves may try to avoid liability by blaming you for the wreck, then don’t. By working with Joe A. Gregorio, there is never anything to worry about, as the mindset of a big insurance company is simple to figure out: “Put blame anywhere else but ourselves.”

That is where we come into the picture. With us on your side of the courtroom or the conference room, they will need to answer to us, and that can make all of the difference in how your claim progresses or concludes. It can also be the difference between what you need for recovery and what you can actually receive after a DUI injury-related wreck.

FAQ: Drunk Driving Accident Claims

• Can I file a claim if the drunk driver was a friend or family member?
  Yes, you can still file a claim even if the drunk driver was a friend or relative. In most cases, the compensation will come from the driver's insurance, not directly from the individual. Your attorney can help guide you through the process.
• What happens if the drunk driver doesn’t have insurance?
  If the drunk driver is uninsured or underinsured, you may still have options for compensation. You can file a claim with your own insurance company if you have uninsured/underinsured motorist coverage. Additionally, you may be able to pursue compensation through a dram shop claim or other liable parties.
• How long do I have to file a drunk driving accident lawsuit?
  The statute of limitations for filing a lawsuit after a drunk driving accident varies by state. Typically, you have a few years to file a personal injury claim, but it’s important to act quickly. Consulting with an attorney as soon as possible ensures that all legal deadlines are met.
• Will I have to go to court for a drunk driving accident claim?
  Not necessarily. Many drunk driving accident cases are resolved through settlement negotiations, where the responsible party’s insurance company offers a compensation amount. However, if a fair settlement cannot be reached, your case may proceed to trial.
• Can I seek compensation for emotional distress?
  Yes, emotional distress is one of the potential damages you can claim in a drunk driving accident case. This can include anxiety, depression, and post-traumatic stress disorder (PTSD) resulting from the crash. Your attorney will help document and present this as part of your claim.