When a driver’s negligence causes a crash, the injured person can recover compensation from the at-fault party under Louisiana law. Certain conditions — most often impairment combined with a serious injury — elevate the conduct to a criminal offense called first degree vehicular negligent injury.
What first degree vehicular negligent injury is
Under La. R.S. 14:39.2, first degree vehicular negligent injury occurs when an offender operating a motor vehicle, aircraft, watercraft, or other means of transportation inflicts serious bodily injury on another person under specific conditions:
- The offender’s blood alcohol concentration (BAC) is 0.08% or more.
- The offender is under the influence of a controlled dangerous substance or an abused substance.
- The operator is under the influence of a combination of alcohol and one or more legal drugs obtainable with or without a prescription.
- The operator is under the influence of one or more legal drugs and the influence is caused by knowingly taking a dosage substantially higher than the prescribed or recommended amount.
Under La. R.S. 14:39.2(D), the punishment is a fine of up to $2,000, imprisonment with or without hard labor for up to five years, or both.
How it differs from related driving offenses
First degree vehicular negligent injury shares features with other driving offenses, but the differences matter.
Versus DWI. Driving while intoxicated occurs when a person operates a vehicle while intoxicated by alcohol, drugs, or other controlled substances — no injury is required. A prosecutor only has to prove a BAC of 0.08% or more, or influence by a controlled dangerous substance. First degree vehicular negligent injury requires that the impaired driving caused serious bodily injury.
Versus vehicular negligent injuring. The key difference is the severity of the harm. First degree requires serious bodily injury; ordinary vehicular negligent injuring covers injuries that do not rise to that level. The penalties track the difference: the lesser offense carries a fine of up to $1,000 or imprisonment for up to six months, or both.
What serious bodily injury means for victims
A serious bodily injury can be permanent — leaving a disability or impairment that affects a person’s ability to work or care for themselves. Common catastrophic injuries in these crashes include severe burns, loss of a limb, traumatic brain injury (TBI), and spinal cord injury and paralysis. Many require lifelong care: hospitalizations, surgeries, rehabilitation, therapies, and in-home assistance.
How it affects a personal injury case
The level of injury shapes the civil claim in two ways.
Proof gets more complex. A catastrophic-injury case usually requires more evidence to establish that the crash caused the injury, especially with multiple injuries, pre-existing conditions, or delayed treatment. Expert medical professionals are often needed to diagnose the injury, and expert witnesses to explain its long-term effects and the future cost of care.
The recovery can be larger. Because serious injuries cause debilitating impairment and higher medical costs, the available compensation often exceeds a typical claim. Recoverable damages may include current and future medical bills, rehabilitation costs, property damage, lost income, lost future earning capacity, the cost of renovating a residence to accommodate a disability, pain and suffering, and emotional distress.
The issues in a serious-injury case are complex, and proving causation and future damages takes work. If you or a loved one was hurt by an impaired driver, a Louisiana injury lawyer can evaluate the claim and pursue the full value of the harm.