Fox News reports that the average drunk driver gets behind the wheel while intoxicated 80 times before his or her first arrest. Every time an impaired driver attempts to operate a vehicle, the risk of an auto accident increases.
If you or a loved one has been injured due to a drunk driver in New York, get an experienced drunk driving accident attorney in your corner. You can trust our drunk driving accident lawyers in New York to handle your case and recover your damages.
Can You Sue Someone for Drunk Driving?
Drunk drivers can be held liable for criminal penalties as well as sued in civil court. If you suffered damages due to a drunk driver, a DUI accident lawyer will help you recoup your losses.
Filing a civil suit against a drunk driver is a different process than a criminal lawsuit. While criminal proceedings protect the public by preventing a drunk driver from getting behind the wheel again, a civil suit ensures all victims receive fair compensation for their damages.
A New York lawyer for a drunk driving accident works with clients to file a DUI claim, gather appropriate evidence, and ensure a reasonable settlement.
How Long After an Accident Can You Sue in New York?
In New York, victims have three years from the drunk driving crash to file a civil claim. Even if a local prosecutor files criminal charges against the driver, you will not receive compensation from the courts unless you file a civil lawsuit.
A drunk driving accident attorney in New York ensures your claim is filed quickly and accurately. Lawyers negotiate a fair settlement with insurance companies and other liable parties on your behalf to recover compensation for damages incurred during the drunk driving accident.
How Will a Lawyer Prove Negligence in a Drunk Driving Accident?
To establish liability in a New York drunk driving accident, an attorney must prove the other driver’s negligence resulted in your damages. A skilled lawyer does this by creating an argument with four elements:
- Duty of care: the driver is expected to operate the vehicle responsibly
- Breach of duty: the driver knowingly put other individuals in harm’s way
- Causation: evidence of how the driver’s negligence caused your injuries
- Damages: monetary reparations for the victim’s suffering
Our drunk driving accident attorneys use these elements to demonstrate how driving under the influence is willful negligence. The argument ensures clients receive fair compensation for all damages incurred during the wreck.
Do I Need a Lawyer After a Drunk Driving Accident?
Unfortunately, when a drunk driver injures or kills another person, the criminal court system will not compensate victims for their losses. In order to recover, victims need an experienced attorney fighting for their rights.
In addition to the at-fault driver, there may be other responsible parties in a DUI case. For example, New York’s Dram Shop Laws allow DUI victims to recover damages from businesses responsible for selling alcohol to impaired drivers. A drunk driving accident lawyer ensures all parties accountable for your pain and suffering are held liable.
Establishing Drunk Driving After an Auto Accident
If you are involved in a drunk driving crash, the moments immediately after the incident are essential in establishing a DUI case. Be sure to make a note of which person was driving. Some drunk drivers will try to switch places with sober passengers to avoid a DUI charge.
If you suspect the at-fault driver is under the influence, tell the responding officers. Your statement may lead the police to administer a field sobriety test. A lawyer will use the results of the sobriety test as evidence in your DUI claim.
Watch to see if the other driver attempts to dispose of or conceal bottles of alcohol, beer cans, or paraphernalia. If you see this, point it out to the responding officers.
Secure Proof of Drunk Driving
If you were involved in a car accident with someone under the influence, you need to secure proof of drunk driving.
To do this, get a copy of the police report and bring it to your drunk driving attorney. Police reports contain a section called “Contributing Factors,” where the investigating officer notes any outside factors contributing to the crash. A DUI accident attorney uses this to prove causation and strengthen your case.
What Damages Are Available to New York Drunk Driving Accident Victims?
DUI accidents are costly. While a criminal drunk driving case punishes a driver with sanctions like jail time, driver’s license revocation, or fines, the civil case compensates you and your family. A drunk driving accident attorney helps you recover losses for a variety of damages, including:
- Medical bills and expenses
- Lost wages
- Permanent injuries or disability
- Pain and suffering
- Property damage
- Punitive damages
An accident attorney evaluates your case to determine how much you are entitled to and fights tirelessly to ensure you receive it.
Common Types of DUI Accidents and Injuries in New York
According to the Center for Disease Control and Prevention (CDC), 12.6 million Americans drove under the influence in 2018. Drunk drivers may be involved in a variety of accidents, including:
- Failure to properly control speed, which leads to swerving or colliding with oncoming traffic
- Rear-ending another vehicle due to poor depth perception
- Sideswiping vehicles due to an inability to follow a direct path
- Not following traffic signals or failing to yield
- Traveling on the wrong side of the road or one-way street
- Falling asleep at the wheel
In addition to colliding with other vehicles, drunk drivers can also strike stationary objects (like guardrails or trees) or a nearby pedestrian.
Get a Free Consultation With a Drunk Driving Accident Lawyer in New York
After a DUI accident, you should focus on recovering physically and mentally. Let an experienced New York drunk driving accident attorney do the legwork to ensure you receive fair compensation for your losses.
At Dansker & Aspromonte, we are proud to be one of the top personal injury law firms in New York City. With over 35 years of experience, our attorneys have recovered hundreds of millions of dollars in compensation for accident victims. Contact our team now for a free drunk driving case review.