Drunk Driving Injuries · DWI Crash Victims · Greater New Orleans
Metairie & New Orleans Drunk Driving Accident Lawyer
A drunk driver made a choice — and you and your family are left paying for it. You have more rights than an ordinary crash gives you, and we'll help you use every one of them.
Being hit by an impaired driver isn't just another accident. Louisiana law treats these cases differently, and in the right circumstances that can mean recovering more than you would in a typical wreck. Bono Law Firm has represented injured Louisianans since 1980, right here in Metairie, minutes from New Orleans. When you call, you talk directly with an attorney named Bono — John C. Bono or Michael P. Bono — never a case manager or a call center. The consultation is free, and you pay nothing unless we recover for you.
The driver who hurt you made a choice. Now let's hold them accountable.
What to do after a drunk driving crash
What you do in the first hours can shape your entire case. If you've been hit by a driver you believe was impaired, focus on these:
- Get to safety and call 911. Tell the dispatcher you suspect the other driver is impaired — that gets an officer to the scene who can test them, and it puts the suspicion in the official record.
- Let the police handle the driver. Don't confront them. An arrest, a breath test, and a citation are far more valuable to your case than anything you could say to them at the scene.
- Photograph everything — both vehicles, the roadway, debris, skid marks, and your injuries. If you safely can, note open containers or anything else you observe.
- Get the officer's name and the report number. The police report, and any DWI arrest that follows, becomes a cornerstone of your civil claim.
- Look for witnesses and cameras. Bystanders, nearby businesses, and doorbell or traffic cameras may have recorded the driver's behavior. That footage disappears fast.
- Get medical care right away, even if you feel "okay." Some serious injuries don't surface for days, and gaps in treatment get used against you.
- Call us before you give any statement to an insurance company — including your own.
A drunk driving case is different — and that can mean more
In an ordinary crash, you recover for your medical bills, lost income, and pain and suffering. A drunk driving case can open a door most injury claims can't: exemplary (punitive) damages.
Louisiana generally does not allow punitive damages. Drunk driving is one of the rare exceptions. Under Louisiana Civil Code article 2315.4, a jury can award exemplary damages when your injuries were caused by a driver whose intoxication was a cause of the crash and who acted in wanton or reckless disregard for the safety of others. These damages exist to punish the drunk driver and deter others — they're awarded on top of the compensation for your actual losses, not instead of it.
Why this matters: exemplary damages aren't automatic, and they aren't available in every case — the facts have to support them. But when they apply, they can meaningfully increase what you recover. Part of our job is spotting whether your case qualifies and building the proof to support it. It's one more reason not to settle a drunk driving claim as if it were an ordinary fender-bender.
The criminal case and your civil claim
After a drunk driving crash, two separate things are usually happening at once. The State may prosecute the driver for DWI — that's the criminal case, and it's about punishing them. Your injury claim is the civil case, and it's about compensating you. They run on different tracks, in different courts, and you are not a party to the criminal prosecution.
But the two connect in ways that can help you. A DWI conviction or guilty plea can be powerful evidence in your civil case, and the police work behind the criminal charge — the breath or blood results, the officer's observations, the arrest report — becomes part of the record we can use to prove liability. We keep an eye on the criminal case, coordinate where it makes sense, and make sure nothing that could strengthen your claim slips through the cracks.
Can a bar be held responsible? Louisiana's "anti-dram shop" law
Many people assume that if a bar or restaurant over-served the driver who hit them, that business is automatically on the hook. Louisiana is the opposite of that. It's what's known as an "anti-dram shop" state. Unlike many states where an establishment can be liable for over-serving a patron who then causes a crash, Louisiana law specifically protects the businesses that sell and serve alcohol.
Under Louisiana Revised Statutes § 9:2800.1, the law treats the consumption of alcohol — not the selling or serving of it — as the legal cause of any harm caused by an intoxicated person. So if a bar lawfully serves a patron over 21 who later causes a drunk driving crash, the victim generally cannot sue the bar or bartender. The liability falls on the intoxicated driver and their insurance.
The protection isn't absolute, though. The clearest exception is written into the law itself:
- Serving minors. The immunity applies only to serving someone of legal purchasing age. If an establishment or social host serves or sells alcohol to someone under 21, they can be held liable for damages that underage person causes.
Because the whole rule rests on the idea that a person chose to drink, courts have also recognized that it doesn't fit situations where the drinking wasn't truly voluntary — for example, where someone was forced to consume alcohol against their will, or deceived into it by being told a drink was non-alcoholic. Those cases are narrow and fact-specific, but they're worth a closer look when they arise.
What about house parties? The same protections extend to private social hosts. Serve alcohol to adult guests over 21 and you generally aren't liable if one of them leaves and causes a crash — but, just like a business, you can be liable if you knowingly serve a minor or trick someone into drinking. Because these cases turn on narrow, fact-specific rules, it's worth having a lawyer look closely at exactly who served whom, and how old they were — sometimes there's a source of recovery that isn't obvious at first.
We handle the full case, not just the paperwork
A drunk driving crash is still, at its core, a car accident — and we handle every part of it: investigating what happened, gathering the evidence from the criminal side, pursuing exemplary damages where the facts support them, and dealing with the insurance company so you don't have to. Because impaired drivers are so often uninsured or underinsured, we also review your own uninsured/underinsured motorist coverage to make sure no available source of recovery gets missed. And when a drunk driver takes a life, we represent families in wrongful death claims with the care those cases demand.
Through all of it, you work directly with the attorney handling your case — that's the Bono difference. You can also see a sample of our past case results.
No fee unless we recover
Hurt by a drunk driver? Let's talk — for free.
Since 1980, Bono Law Firm has represented more than 6,000 injured Louisianans across Jefferson Parish and Greater New Orleans. Consultations are free, home and hospital visits are available, our phones are answered 24 hours a day, and there's no fee unless we recover compensation for you.
Free Consultation — Call (504) 835-9909Direct attorney access · No fee unless we recover · Se Habla Español
Common questions
Drunk driving accident FAQ
What are exemplary damages, and can I get them?
Exemplary (punitive) damages are extra damages meant to punish especially reckless conduct. Louisiana rarely allows them, but drunk driving is a specific exception under Civil Code article 2315.4. They aren't available in every case — the facts have to support them — but when they apply they're awarded on top of your regular compensation. We'll tell you honestly whether your case qualifies.
Do I have to wait for the criminal DWI case to finish?
No. Your civil injury claim is separate and can move forward on its own timeline. The criminal case can help — a conviction or guilty plea is useful evidence — but you don't have to wait for it to conclude to pursue what you're owed. In fact, waiting too long can cost you, since evidence fades and deadlines run.
Can I sue the bar that served the driver?
Usually not just for over-serving an adult. Louisiana is an "anti-dram shop" state — the law treats the driver's consumption, not the bar's serving, as the cause of the harm, so it protects the establishment in most cases. The exceptions are narrow: serving someone under 21, forcing someone to drink, or tricking them into it. If one of those fits, there may be a claim against the business or host — so it's worth letting us look at the details.
What if the drunk driver had little or no insurance?
It happens often, because impaired drivers are frequently uninsured or underinsured. Your own uninsured/underinsured motorist (UM/UIM) coverage may step in to pay for your injuries. We review every policy that might apply so you're not left covering a stranger's choice out of your own pocket.
How long do I have to file?
In Louisiana, you generally have two years from the date of the injury. But evidence in a drunk driving case — test results, witnesses, camera footage — is best secured early, and coordinating with the criminal case takes time. The sooner you call, the more we can do, and the first call is free.
Hurt by a drunk driver — in Metairie, New Orleans, or anywhere in between? You may be entitled to more than an ordinary claim allows. Talk to a local firm that's been fighting for injured Louisianans since 1980.
Direct attorney access · No fee unless we recover · Se Habla Español
