What is the difference between the criminal case and the civil claim?

The criminal case involves the state prosecuting the driver for DWI or related offenses and can result in fines, jail time, or license suspension, while the civil claim involves you pursuing compensation for your injuries, property damage, and other losses directly from the driver or their insurer.

How is alcohol impairment documented and proven?

Impairment is documented through law enforcement observations, standardized field sobriety tests, portable breath tests administered at the scene, and chemical testing of blood or breath conducted after arrest, along with witness statements and video evidence that captured the driver's behavior.

What happens if the driver refused chemical testing?

Refusal to submit to testing does not prevent the civil claim from proceeding, as impairment can still be established through officer observations, field sobriety test performance, witness accounts, and the driver's behavior and condition as documented in the police report and any available video.

How does a DWI conviction affect the injury claim in Shreveport?

A criminal conviction for driving while intoxicated can be introduced as evidence in the civil case to establish that the driver was impaired, though the conviction itself does not automatically determine the value of your injuries or resolve disputes over damages.

What if the drunk driver had minimal insurance coverage?

You may need to pursue uninsured or underinsured motorist coverage under your own policy if the at-fault driver's liability limits do not cover the full extent of your documented losses, which is common in serious injury cases involving impaired drivers.

Drunk Driving Accidents

Crashes involving alcohol impairment create both criminal cases pursued by prosecutors and civil injury claims pursued by those harmed in the collision. Murphy's Law, APLC represents injured people in Shreveport when alcohol is alleged or documented as a factor in the crash, focusing on the civil claim that addresses your medical treatment, lost income, vehicle damage, and other documented losses. Law enforcement records, witness information, field sobriety test results, breath or blood test documentation, and investigative reports become critical evidence in establishing impairment and connecting it to the collision that caused your injuries.

The civil claim proceeds independently of any criminal prosecution, which means you do not need to wait for criminal charges to be resolved before pursuing compensation for your injuries. The focus remains on gathering evidence that shows the driver was impaired, that the impairment caused unsafe operation of the vehicle, and that the unsafe operation directly caused the crash and your resulting injuries.

Discuss your potential claim in a consultation to have the available evidence and applicable insurance issues evaluated.

Establishing impairment involves reviewing the police report for documented observations such as odor of alcohol, slurred speech, bloodshot eyes, failed field sobriety tests, or portable breath test results, then obtaining the full incident report and any dashcam or bodycam footage that captured the driver's condition and behavior during the traffic stop. If the driver submitted to chemical testing, the blood alcohol concentration results provide objective evidence of impairment at the time of the crash, particularly when the level exceeds Louisiana's legal limit of 0.08 percent.

After presenting this evidence to the at-fault driver's insurance carrier, you will notice that liability becomes difficult to dispute, which often shifts the negotiation toward the value of your injuries rather than arguments over who caused the crash. The documentation process includes compiling medical records, treatment invoices, imaging studies, and physician reports that connect your injuries to the collision, along with evidence of lost wages and other economic losses.

Some insurance policies contain exclusions or limitations for intentional acts or criminal behavior, though these provisions rarely apply to standard auto liability coverage. The claim may also involve uninsured motorist coverage if the impaired driver fled the scene or lacked adequate insurance.

What is the difference between the criminal case and the civil claim?
The criminal case involves the state prosecuting the driver for DWI or related offenses and can result in fines, jail time, or license suspension, while the civil claim involves you pursuing compensation for your injuries, property damage, and other losses directly from the driver or their insurer.
How is alcohol impairment documented and proven?
Impairment is documented through law enforcement observations, standardized field sobriety tests, portable breath tests administered at the scene, and chemical testing of blood or breath conducted after arrest, along with witness statements and video evidence that captured the driver's behavior.
What happens if the driver refused chemical testing?
Refusal to submit to testing does not prevent the civil claim from proceeding, as impairment can still be established through officer observations, field sobriety test performance, witness accounts, and the driver's behavior and condition as documented in the police report and any available video.
How does a DWI conviction affect the injury claim in Shreveport?
A criminal conviction for driving while intoxicated can be introduced as evidence in the civil case to establish that the driver was impaired, though the conviction itself does not automatically determine the value of your injuries or resolve disputes over damages.
What if the drunk driver had minimal insurance coverage?
You may need to pursue uninsured or underinsured motorist coverage under your own policy if the at-fault driver's liability limits do not cover the full extent of your documented losses, which is common in serious injury cases involving impaired drivers.

Injury Claims Involving Alleged Alcohol Impairment