Hit by a Drunk Driver in Louisiana? Here Are Your Rights
If a drunk driver hurt you or someone you love, you are dealing with two separate things at once: a criminal case the state brings against the driver, and a civil claim you bring to recover your losses. This post explains how those differ, what you can recover (including damages most car accident victims can't get), and the steps that protect your claim. The risk is real and seasonal — over the five July 4th holiday periods from 2020 to 2024, 2,719 people were killed on U.S. roads, and about 38% of the drivers killed were drunk.
Schedule your free consultation → or call (318) 855-1613.
Can I sue a drunk driver in Louisiana even if they're being prosecuted?
Yes. The criminal case and your civil claim are completely separate. The state prosecutes the driver for DWI to punish them; your civil claim exists to compensate you for medical bills, lost wages, pain, and other losses. You don't have to wait for — or rely on — a conviction to recover.
In fact, a criminal conviction isn't required for you to win your civil case. Civil claims use a lower burden of proof ("more likely than not") than criminal cases ("beyond a reasonable doubt"). A conviction can help your civil claim as strong evidence of fault, but even if the driver is acquitted or charges are reduced, you can still pursue full compensation. Your lawyer handles the civil side; the prosecutor handles the criminal side.
Can I recover punitive damages from a drunk driver?
Yes — and this is the key difference. Louisiana allows exemplary (punitive) damages against a driver who injures someone while intoxicated. Most Louisiana car accident claims cannot include punitive damages, but drunk-driving cases are a specific exception under Louisiana Civil Code article 2315.4.
That matters because punitive damages are awarded on top of your regular compensation, and they're meant to punish the drunk driver and deter others. So a drunk-driving victim's claim can be worth more than an identical crash caused by ordinary negligence. (For how the other damage categories work, see How Much Is My Car Accident Case Worth in Louisiana?.)
What if I was partly at fault too?
You can still recover. Louisiana is a pure comparative fault state, so even if you share some blame, your compensation is only reduced by your percentage of fault — never eliminated. A drunk driver's insurer may try to shift blame to you to cut their payout, which is exactly why what you say and the evidence you preserve matter. Here's how comparative fault works.
What if the drunk driver was uninsured — or I was?
Two important points:
If the drunk driver has no or too little insurance, your own uninsured/underinsured motorist (UM/UIM) coverage can step in to pay your damages. Here's how UM/UIM works in Louisiana.
If you were uninsured when the drunk driver hit you, Louisiana's "No Pay, No Play" law normally bars the first $100,000 of recovery — but there's an exception when the at-fault driver was intoxicated. So being hit by a drunk driver can preserve your right to recover even if you lacked coverage. More on No Pay, No Play.
Is the bar or host that served the driver liable?
Usually not in Louisiana. Unlike some states, Louisiana law (La. R.S. 9:2800.1) generally places responsibility on the person who drank, not the bar, restaurant, or social host who served them. There are narrow exceptions — for example, serving alcohol to someone under 21 can open the door to liability. Because these "dram shop" questions are fact-specific and limited, it's worth having a lawyer evaluate whether any third party shares responsibility in your case.
What should I do after a drunk-driving crash?
Protect your health first, then your claim:
Call 911 and make sure officers note signs of impairment — this creates a record that supports both the criminal case and yours.
Get medical care immediately, even if you feel "okay."
Photograph the scene, vehicles, and injuries, and get witness contact info.
Don't give the at-fault driver's insurer a recorded statement before talking to a lawyer. (See 7 mistakes to avoid with the adjuster.)
Note the criminal case number if you have it — restitution ordered in the criminal case is separate from, and usually far smaller than, your civil recovery.
How long do I have to file?
Generally two years from the date of the crash for accidents on or after July 1, 2024 (one year for older crashes). Acting early matters even more in drunk-driving cases, because evidence like bar receipts, surveillance video, and toxicology results can disappear quickly. Learn more in our Louisiana statute of limitations guide.
Talk to a Monroe drunk-driving accident attorney
I'm John Bruscato, and I help people injured by drunk drivers across Monroe, West Monroe, Ruston, and Sterlington hold those drivers fully accountable — including pursuing punitive damages where the law allows. Learn more about my motor vehicle accident practice.
Schedule your free consultation → or call (318) 855-1613.
Frequently asked questions
Can I sue a drunk driver if they weren't convicted? Yes. Your civil claim is separate from the criminal case and uses a lower burden of proof, so you can recover even without a conviction.
Do I get extra money because the driver was drunk? Often, yes. Louisiana allows punitive (exemplary) damages against intoxicated drivers under Civil Code article 2315.4 — on top of your medical bills, lost wages, and pain and suffering.
The drunk driver had no insurance. Can I still recover? Likely yes, through your own uninsured motorist (UM) coverage, and the drunk-driving exception to the "No Pay, No Play" law may also protect your recovery if you were uninsured.
This article is general information, not legal advice, and does not create an attorney-client relationship.