If you are searching for “first degree negligent injury Louisiana,” you may be trying to understand a serious criminal charge involving a vehicle and significant bodily injury. Louisiana law formally refers to this offense as first degree vehicular negligent injuring, and it is governed by Louisiana Revised Statutes § 14:39.2.
Unlike ordinary negligence claims handled through a personal injury lawsuit, first degree vehicular negligent injuring is a criminal offense. A conviction can result in substantial fines and imprisonment, making it important to understand the law and seek advice from a qualified Louisiana criminal defense attorney if you or someone you know has been charged.
What Is First Degree Vehicular Negligent Injuring in Louisiana?
Under Louisiana Revised Statutes § 14:39.2, first degree vehicular negligent injuring involves causing serious bodily injury to another person while operating or being in actual physical control of a motor vehicle, aircraft, watercraft, or another means of conveyance under specified circumstances.
The law applies when the offender’s conduct is connected to serious bodily injury and one of the statutory impairment conditions exists. These conditions include being impaired by alcohol, having a blood alcohol concentration of 0.08% or higher, or being impaired by drugs or a combination of alcohol and drugs.
This means that a typical accident does not automatically constitute first degree vehicular negligent injuring. Prosecutors must establish the elements required by the statute.
What Does “Serious Bodily Injury” Mean?
The seriousness of the victim’s injuries is an important part of this offense.
Louisiana law defines “serious bodily injury” to include injuries involving circumstances such as unconsciousness, extreme physical pain, significant or lasting disfigurement, prolonged loss or impairment of a bodily member, organ, or mental faculty, or a substantial risk of death.
Consequently, an accident involving minor injuries may raise different legal issues from an accident involving catastrophic injuries, permanent impairment, or a substantial risk of death.
How Is It Different From Negligent Injuring?
Louisiana also has a separate offense called negligent injuring under Revised Statutes § 14:39.
Ordinary negligent injuring generally involves inflicting an injury on another person through criminal negligence. The statute provides for a fine of up to $500, imprisonment for up to six months, or both.
First degree vehicular negligent injuring is considerably more serious because it specifically concerns the operation or physical control of a conveyance, serious bodily injury, and specified alcohol- or drug-related circumstances.
There is also a separate offense called vehicular negligent injuring, so anyone facing charges should determine the exact statute listed on the citation, bill of information, or other court documents.
What Are the Penalties for First Degree Vehicular Negligent Injuring?
The potential penalties can be severe.
Under Louisiana law, a person convicted of first degree vehicular negligent injuring may face a fine of up to $5,000, imprisonment for up to 10 years, or both.
The statute also provides enhanced consequences in certain circumstances. If the offender had a blood alcohol concentration of at least 0.15% at the time of the offense or had a prior conviction for operating a vehicle while intoxicated, the law provides for a fine of up to $5,000 and imprisonment ranging from two to ten years. At least two years of the sentence must be served without the benefit of probation, parole, or suspension of sentence under the statute.
Because sentencing can depend on the facts and applicable law, a person facing prosecution should obtain case-specific advice from a criminal defense lawyer in Louisiana.
Can a First Degree Negligent Injury Charge Affect Your Driver’s License?
A serious traffic-related criminal conviction can have consequences beyond fines and incarceration. Depending on the circumstances, an individual may also face issues involving driving privileges, insurance, employment, professional licensing, and future legal proceedings.
Louisiana law also treats certain convictions for first degree vehicular negligent injuring as relevant to subsequent impaired-driving offenses.
For that reason, anyone facing a DUI-related injury charge should consider the potential long-term consequences rather than focusing only on the immediate criminal penalty.
What Should You Do After Being Charged?
If you have been accused of first degree vehicular negligent injuring, avoid assuming that an accident automatically proves criminal liability.
Important evidence may include:
- Police reports
- Blood alcohol or toxicology results
- Medical records
- Vehicle damage reports
- Photographs and videos
- Witness statements
- Accident reconstruction evidence
- Dashcam or surveillance footage
- Cellphone or electronic records
- Statements made during the investigation
A Louisiana DUI defense attorney can review the available evidence and determine whether there are potential issues involving the traffic stop, chemical testing, causation, identification, impairment evidence, or other elements of the prosecution’s case.
Can the Victim Also File a Personal Injury Lawsuit?
A criminal prosecution and a personal injury claim are separate legal matters.
A person injured in a crash may potentially pursue compensation for medical expenses, lost income, property damage, pain and suffering, and other legally recoverable losses. The availability and amount of compensation depend on the facts of the case and applicable Louisiana law.
Louisiana also applies comparative-fault rules to many injury claims. Under Louisiana Civil Code Article 2323, fault can be allocated among people who caused or contributed to an injury, and a person’s recovery can be reduced according to their assigned percentage of fault. The statute currently provides a significant limitation when the injured person’s assigned fault reaches 51% or more.
This is one reason an injured person may wish to speak with a Louisiana personal injury lawyer before accepting an insurance settlement.
Why Legal Representation Matters
A first degree vehicular negligent injuring case can involve both criminal-defense and financial consequences. Insurance companies, prosecutors, accident investigators, medical professionals, and attorneys may all become involved.
If you are accused of causing serious bodily injury in an alcohol- or drug-related vehicle incident, speaking with an experienced criminal defense attorney as early as possible can help you understand the charges, potential penalties, court process, and available legal options.
Do not rely on online articles to determine whether you are guilty or what sentence you will receive. Louisiana statutes can change, and the outcome of a criminal case depends heavily on its specific facts and evidence.
Frequently Asked Questions
Is first degree vehicular negligent injuring a felony in Louisiana?
The offense carries potential imprisonment with or without hard labor for up to 10 years and substantial fines. Because the classification and consequences can depend on the precise statutory provision and circumstances, consult a Louisiana attorney regarding a specific charge.
Does a BAC of 0.08% automatically mean first degree negligent injuring?
No. The statute contains multiple elements. A BAC of 0.08% or higher is one of the listed conditions, but the prosecution must still establish the other requirements of the offense, including the applicable serious-bodily-injury and causation elements.
Can I sue someone for injuries caused by a negligent driver?
Potentially. A criminal charge and a civil car accident injury claim are separate matters. Whether you can recover compensation depends on the facts, applicable deadlines, insurance coverage, and Louisiana law.
Final Thoughts
First degree negligent injury in Louisiana, formally known as first degree vehicular negligent injuring, is a serious offense involving serious bodily injury and specified alcohol- or drug-related circumstances. The potential consequences can include significant fines and years of imprisonment.
If you or a family member is facing this charge, obtaining advice from a qualified Louisiana criminal defense attorney is an important step. If you were injured in the underlying accident, a personal injury attorney can separately explain potential compensation and insurance claims.
This article provides general legal information, not legal advice. Louisiana law can change, and an attorney should review the specific facts of any criminal charge or personal injury case before you make legal decisions.