Why Are Drunk Drivers More Likely to Survive a Crash in Louisiana? 2024

The question, “Why are drunk drivers more likely to survive a crash in Louisiana?” brings to light a troubling connection. While drunk driving is a leading cause of fatal accidents, the intoxicated drivers themselves often come out of a collision with fewer and less severe injuries than their victims. Learning the reasons behind this phenomenon and its legal implications can help prepare you for what to do in the event of an accident.

Physiological Effects of Alcohol

Alcohol is a depressant, which means that it affects the human body in many different ways. It can relax the muscles because of its effect on the central nervous system. If a drunk person gets into a collision, this relaxation effect can prevent the driver from tensing up before impact like a sober person would. While this defense mechanism seems helpful, more tense muscles are more likely to tear or break if they are hit with brute force at a high speed.

Another way that sober individuals prepare for an imminent collision is by bracing themselves for the impact. This behavior actually leads to more injuries because it makes the body more inflexible, preventing it from absorbing injuries as well as a drunk person. Since they are in a more relaxed state during a crash, it could limit the effects a collision has on their body.

How Do Injuries Compare?

Sober and drunk drivers experience different types of injuries based on how their bodies react to a collision. Common injuries in sober drivers include things like whiplash, broken bones, and head injuries. This is because the sudden movement of a collision combines with rigid muscles and results in injuries to sensitive areas. This also affects bones and makes them more likely to get fractured or broken.

Drunk drivers often only receive cuts and bruises after a serious car accident. However, more intense collisions can lead to soft tissue and other internal injuries due to the sheer force of the collision. The lack of injuries does not mean that drunk drivers are absolved from guilt in the criminal justice system. Driving under the influence has serious consequences for everyone involved.

Legal Implications of Drunk Driving in Louisiana

Drunk drivers often receive criminal charges for driving under the influence. This is a serious offense, especially if the driver has already received a similar charge in the past. A DUI can result in fines, a license suspension, and jail time. It is also possible for the court to require that a breathalyzer be placed on the driver’s car at their expense. Each time they start the engine, they will have to take a breathalyzer test to prevent further drunk driving.

There could be further criminal charges based on the outcome of the other drivers. If a driver who was hit by a drunk driver was seriously injured, disabled, or died, a potential misdemeanor could be increased to a felony charge. This adds more penalties, as well as removes the driver’s right to vote and to own firearms. It also makes it more difficult for them to find employment or housing.

Criminal charges also do not take into account potential liability for legal claims filed by or on behalf of the injured parties. Drunk drivers can be held liable in civil court as well and might be required to compensate the victims for medical expenses, lost wages, property damage, and any pain and suffering they caused the victim. If they are found to have been extremely negligent, the court would award additional punitive damages to prevent future accidents.

FAQs

Why Are Drunk Drivers More Likely to Survive a Car Crash?

Drunk drivers are more likely to survive a car crash because alcohol relaxes their muscles. Many injuries are caused by muscles tensing up before an accident, and since drunk drivers are less likely to do this, their odds of severe injury are reduced. They could also be in an unusual position or slumped over the steering wheel, which can sometimes result in a less direct impact during a crash and give the drunk driver fewer injuries.

What Are the Legal Penalties for Drunk Drivers Who Survive Crashes?

The legal penalties for drunk drivers who survive crashes are quite severe. They often face criminal charges like a DUI. A conviction can result in excessive fines, suspension of the driver’s license, and even imprisonment. If the crash resulted in a serious injury or death, the charges can escalate to a felony with an even harsher penalty. This does not take into account any civil claims filed by the victim or their family for the injuries they sustained.

What Impact Does Drunk Driving Have on Driving Ability?

Drunk driving considerably impacts the ability to drive safely on the road. Even good drivers are unable to safely operate a vehicle under the influence of alcohol. Driving under the influence alters judgment and can make a driver take risky actions on the road. It also gives the driver a reduced time to react due to alcohol slowing down the nervous system. Therefore, if traffic conditions suddenly change, the individual doesn’t have as much time to respond.

What Do I Do if I Get Into an Accident With a Drunk Driver?

If you get into an accident with a drunk driver, relocate to a safe location and call 911 as soon as possible to report the accident and get medical help. When law enforcement arrives, let them know that you suspect the other driver was intoxicated so that they can conduct tests to confirm this. Try to exchange information with the other driver, but if this is not possible, wait for the police to help. Take as much visual evidence as possible from the accident scene.

Learn More About Your Options

The higher survival rates of drunk drivers in crashes are due to a variety of factors, which are important to understand so that you can develop strategies to combat drunk driving and make sure you are prepared to fight for your rights. Schedule a consultation with Day Law Group today if you have been involved in an accident with a drunk driver.