What restitution do I face if I have a BAC of 0.10 or higher and am involved in a motor vehicle accident?
Punitive damages can be collected against the driver of the vehicle who was intoxicated pursuant to Louisiana Civil Code Article 2315.4, which states “in addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.” In addition, a traffic accident that is alcohol related could result in criminal charges against the drunk driver, such as negligent homicide or negligent injury.
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- What restitution do I face if I have a BAC of 0.10 or higher and am involved in a motor vehicle accident?
