Drunk Driving Accidents

Drunk Driver Accident Lawyer in New York City

For more than 90 years the drunk driver lawyer at Rosenberg, Minc, Falkoff & Wolff, LLP have represented New Yorkers who have been severely injured or those who have lost family members due to a drunk driver accident in New York.

Often, many intoxicated drivers who caused the accident have inadequate insurance coverage. They cannot fully compensate those who went through life-altering injuries or those who have lost a loved one.

It would be an understatement to say that a drunk driving accident is a dangerous event. To put it simply, DUI drivers do not only put their lives at risk, but also the health, safety, and well-being of innocent individuals.

In New York, a drunk driving attorney must investigate the accident immediately to determine if others are also liable for the incident. For instance, the club or bar where the at-fault parties drank could be held responsible under the Dram Shop NYC law. An appropriate and thorough investigation of the club or bar is essential to the successful prosecution of the case.

The General Obligation Law of the Dram Shop Act 11-101(1) of New York states that individuals hit by intoxicated drivers may recover monetary compensation from the club, bar, and restaurants. Moreover, the person who caused the drunk driving crashes must be “visibly intoxicated” before being served with alcohol.

drunk driving

Furthermore, according to the Alcohol Beverage Control Law Section 65(2), selling, delivering, or serving alcoholic beverages to any “visibly intoxicated” individual is against the law.

An in-depth understanding of the laws surrounding a claim of a drunk driving accident is crucial for a successful recovery of monetary compensation. Our DUI accident attorneys have unparalleled expertise in this field. We have more results in resettlement and verdict in New York than any other law firm.

If you have been injured by a DUI driver in New York City and want to hold any contributing parties liable for their negligence, contact the NYC drunk driving accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP today to explore your legal options. You may have recourse to seek compensation from the driver’s insurance company as well the drinking establishments’ responsibility for a drunk driver’s unlawful behavior.

What Are Your Legal Options After DUI Accident?

If you are injured through the negligence of a DUI driver in New York, you can file a personal injury claim against the driver. If the driver is convicted of DUI, it can open the door to punitive damages that go beyond no-fault insurance.

In some cases, your legal options do not stop there. Under New York dram shop laws, any party unlawfully selling or assisting in the purchase of liquor may be held liable for any damages a person incurs when intoxicated. In other words, if you are injured by an intoxicated driver in the state of New York, you may have grounds to file a claim against the bar or the establishment where the driver was drinking – especially if the driver was underage or continuously served despite being visibly intoxicated.

New York state law dictates that both of these circumstances are illegal and expressly forbidden.

You may have a claim against the vendor if it can be established that the vendor:

  • Knowingly caused impairment or intoxication by providing alcohol in an unlawful manner; or
  • Caused intoxication or impairment by unlawfully providing alcohol to a person they knew or had reason to believe was under the age of 21.

To learn more about New York’s drunk driving laws on intoxicated driving, speak to a New York City drunk driving attorney now.

How Do You Prove Dram Shop Liability in NYC?

In a drunk driving accident, the liability of the establishment that served the alcohol is not always obvious. In many cases, it requires a concerted investigation to prove negligence and establish liability of the vendor under the law. This may involve locating and interviewing witnesses, as well as determining the blood alcohol level of the driver at the time of the accident.

At Rosenberg, Minc, Falkoff & Wolff, LLP, our New York City DUI lawyers have an in-depth understanding of dram shop law and know how to demonstrate negligence in court. We have the knowledge and resources to pursue any means to prove negligence in the eyes of the court and recover the damages you are seeking.

Why It’s Important to Hire A NYC Drunk Driving Accident Lawyer If You Were Hurt by A Intoxicated Driver In New York

Although it’s technically true that a legally drunk driver (at the time of the accident) is almost always at fault, recovering financial compensation is rarely so simple.

In most cases, the car insurance of the DUI driver may not be enough to cover your injuries. Or the driver may not be insured at all, especially after committing DUI/DWI offenses multiple times.

Often, New York drivers purchase low-value car insurance policies to save money. And most of these car insurance policies provide no more than $25,000 per injured party.

Remember, drink and driving alone does not automatically give you the basis to file a personal injury lawsuit. This is true even if the police officer has charged the at-fault party with drunk driving.

To successfully recover compensation from a drunk driving crash, you must prove that the driver caused the accident that resulted in your injuries.

Generally, insurance companies fight back especially when a considerable insurance policy is at stake.

They might claim:

  • You caused the accident yourself
  • You already have injuries before the accident happened
  • Your compensation should be reduced under the contributory negligence rule of New York

At Rosenberg, Minc, Falkoff & Wolff, LLP, we have experienced NYC drunk driving accident lawyer that can fight back against any defensive tactics used by insurance companies. Besides, we can identify if other parties might also be responsible for the accident, especially if the driver was under-insured or uninsured.

How Dangerous Are Drunk Driving Accidents in New York? Drunk Driving Statistics.

drunk driving accident

As with other states, driving with a 0.08% of blood alcohol content (BAC) or higher is illegal, for a good reason. According to 2018 drunk driving statistics by the National Highway Traffic Safety Administration (NHTSA), at least one intoxicated driver was involved in every 10,511 fatal motor vehicle accident.

Moreover, the report showed that there were more younger drivers involved in fatal drunk driving accidents than those in other age groups. Between 2003-2012, there were 3,752 people killed in New York due to drunk driving crashes.

In 2019, the law enforcement officials of New York began a program designed to help convince businesses to take steps to prevent intoxicated patrons to drive or to prevent them from being over-served.

Those who are Driving While Intoxicated (DWI) can be punished through the assessment of driving points, fines, and jail time, which may lead to the revocation of driver’s license. On other hand, those hurt by drunk driving accidents can file civil claims to collect damages from careless, negligent drivers.

NYC car accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have successfully represented car accident victims all over the NYC area including the Queens and the Bronx. Schedule a FREE initial consultation today.

How Serious Are the Consequences to The Victims Of A Drunk Driving Accident?

New York car accidents caused by intoxicated drivers have serious consequences for injured victims. Intoxicated while driving can result in serious and even drunk driving death that include:

At Rosenberg, Minc, Falkoff & Wolff, LLP, our personal injury lawyers in NYC have successfully won all types of cases involving wrongful death and catastrophic injuries. Also, they are intimately familiar with:

If you or a loved one has been involved in a DUI accident in New York, don’t hesitate to contact us. Our DUI car accident lawyers are ready to give your case the special attention it deserves.

How Long Do I Have to Sue After Getting Hit by an Intoxicated Driver in New York?

If your injuries were caused by someone that was intoxicated while driving in New York, you only have three years from the date of the accident to file a lawsuit. You will lose your right to sue at-fault parties if you fail to file within those three years.

A shorter time limit of 2 years to file a wrongful death lawsuit if the accident results in a drunk driving death. If the accident involves a New York city or municipal vehicle, the time limit is 90 days to file paperwork.

If you or a loved one have been involved in a truck accident, we suggest you file a claim immediately to ensure there is enough time to conduct due diligence.

But no matter the type of drunk driving accident you’re involved in, our drunk driving accident lawyer can defend your claim and fight to recover monetary compensation.

What Damages are Available for Drunk Driving Accident Victims in New York?

Under the drunk driving law of New York, drunk driver accident victims have the right to sue for damages, also known as compensation. A major complication in much drunk driving accident in New York cases is to identify which party is the most responsible for paying. Here’s a list of potentially responsible parties:

  • The drunk driver with sufficient insurance coverage
  • The insurance company of the at-fault driver
  • Your insurance company
  • The seller, or server of the alcohol
  • The drunk driver’s employer. If the accident occurred while the driver was on the job.

The skilled trial lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP will work to identify all parties who may be financially accountable for the drunk driving accident in New York.

Insurance Complications – Drink and Drive Law

Many victims of drunk driving accident in New York recover only a small part of the compensation they deserve from car insurance companies. Under the insurance laws of New York, victims of accidents based on negligence can only recover compensation for “economic” damages from the insurance company of the at-fault party.

Examples of economic damages are:

  • Medical bills
  • Hospital and ER room expenses
  • Lost wages
  • Property damage
  • Physical therapy and
  • Rehab costs

An exception exists if “serious injuries” are caused by drinking and driving. A serious injury according to the insurance laws of New York results in:

  • Broken bones
  • Loss of a fetus
  • Significant disfigurement
  • Limited use of a bodily organ or member
  • Inability to use an important bodily function, member, or system
  • Disability lasting at least 3 months as a result of an injury
  • Death

It will require a fact-intensive analysis to determine the threshold of a serious injury. It is always a question of fact to know what causes a significant limitation.

Our personal injury law firm has over 90 years of experience helping New Yorkers recover full compensation. Our drunk driver lawyer will fight to collect the damages you need to cover the total cost of your injuries.

We can make a strong case for your right to seek non-economic compensation, whether by filing a personal injury lawsuit or based on serious injury. Compensation for non-economic damages include:

  • Emotional distress
  • Diminished quality of life
  • Pain and suffering
  • Damages for wrongful death

Collecting all these forms of damages can make you whole again. But what about those who caused your injuries? Can they be punished?

In some cases, New York law authorizes Punitive Damages. These are additional compensation designed as punishment to the person who caused your injury.

Punitive Damages in Drunk Driving Accident Cases

The sole purpose of Punitive Damages is to exclusively punish at-fault parties. Note that these are not meant as compensation for any specified loss. They are available only if the actions of the defendant were “willful and wanton”.

Drunk driving is the best example of shocking, willful behavior that the New York government wants to deter. Yet, insurance companies will not pay for Punitive Damages since they are not obligated to do so.

But our DUI accident lawyer can, however, file a lawsuit to collect these types of additional damages for you.

While the bar for collecting Punitive Damages may be high, a skilled and experienced NYC drunk driving accident lawyer can recover this additional compensation by filing a strong case.

Filing Your Injury Case: We Are Here to Help

A tragic drunk driving accident may have been avoided had the establishment not served the person unlawfully. If you or your loved one was the victim of a drunk driving accident, contact Rosenberg, Minc, Falkoff & Wolff, LLP to explore your legal options for compensation.

Our New York City drunk driving lawyer can help hold all parties accountable for their actions contributing to the accident – including parties who knowingly provided alcohol in an unlawful manner. Schedule a consultation today – the initial meeting is free, and you also don’t pay any fees unless we win your case.