Drunk Driving

Bronx Drunk Driving Accident Lawyer

Helping Victims of Drunk Drivers in the Bronx

Drunk driving accidents are the most common cause of fatal car accidents in New York City. In the Bronx, drunk driving is a serious problem that puts everyone on the road at risk. After a drunk driving accident, you may be able to get compensation for your injuries and other losses. A lawyer can help you with your injury claim and help you get the full amount of compensation you deserve.

At Dansker & Aspromonte, we are dedicated to helping victims of drunk drivers get the justice they deserve. If you were injured by a drunk driver, we can help you get compensation for your injuries and hold the drunk driver accountable.

Contact us today at (646) 692-0204 for a free consultation with a Bronx drunk driving accident attorney.

What is the Legal Limit for DUI in the Bronx?

New York has a zero-tolerance policy for underage drivers. If you are under 21 and have any alcohol in your system, you can be charged with a DUI.

For drivers who are 21 or older, the legal limit for a DUI in the Bronx is a blood alcohol content (BAC) of 0.08% or higher. If a driver has a BAC of 0.08% or higher, they can be charged with a DUI.

What Are the Signs of a Drunk Driver?

Drunk driving accidents can be especially dangerous because the drunk driver is often unable to react in time to avoid a collision. That is why it is so important to be able to identify a drunk driver on the road.

Some common signs of a drunk driver include:

  • Swerving in and out of lanes
  • Straddling the centerline
  • Driving on the wrong side of the road
  • Driving too close to other vehicles
  • Braking erratically
  • Driving without their headlights on
  • Driving significantly below the speed limit

If you see a driver who you suspect may be drunk, it is important to report them to the police.

Proving Liability in a Drunk Driving Accident

In a drunk driving accident case in New York (and generally in any jurisdiction), various types of evidence can be crucial in proving liability. Here are some key types of evidence that can be used:

  • Police Reports: Official police reports filed at the scene of the accident can provide valuable information. These reports typically include details such as observations of the responding officer, statements from witnesses, field sobriety test results, and any preliminary breathalyzer test results.
  • Breathalyzer or Blood Test Results: Results from breathalyzer or blood alcohol concentration (BAC) tests administered to the driver suspected of being under the influence of alcohol or drugs can serve as direct evidence of impairment. In New York, the legal limit for blood alcohol concentration is typically 0.08%.
  • Witness Testimony: Testimony from eyewitnesses who saw the accident occur can be powerful evidence. Witnesses might be able to provide details about the actions of the impaired driver, such as erratic driving behavior or slurred speech.
  • Surveillance Footage: If the accident occurred in an area covered by surveillance cameras, footage of the incident can be invaluable in establishing what happened. This can include footage from traffic cameras, nearby businesses, or private residences.
  • Accident Reconstruction Analysis: Accident reconstruction experts can analyze the scene of the accident, vehicle damage, skid marks, and other factors to recreate the events leading up to the crash. Their analysis can help determine factors such as the speed of the vehicles involved and the likely sequence of events.
  • Cell Phone Records: If distracted driving is suspected as a contributing factor to the accident, cell phone records may be subpoenaed to determine if the driver was using their phone at the time of the crash.
  • Prior Convictions or History: If the driver has a history of drunk driving offenses or other traffic violations, this information may be relevant to establishing a pattern of behavior and could influence the determination of liability.
  • Expert Testimony: Expert witnesses such as toxicologists, forensic scientists, or medical professionals can provide testimony regarding the effects of alcohol or drugs on driving ability, as well as the likelihood that impairment played a role in causing the accident.
  • Admissions or Statements: Statements made by the impaired driver, either at the scene of the accident or afterward, admitting to drinking alcohol or using drugs can be used as evidence against them.

New York Dram Shop Laws

In New York, some laws hold establishments and individuals accountable for providing alcohol to someone who then causes harm due to their intoxication. These laws are known as Dram Shop and Social Host Liability laws.

Dram shop liability holds establishments such as bars, restaurants, and liquor stores responsible for serving alcohol to individuals who are visibly intoxicated or underage. If a person who was served alcohol at one of these establishments goes on to cause an accident or injury due to intoxication, the establishment may be held liable for damages. In New York, dram shop liability is governed by Section 11-100 of the New York General Obligations Law.

To establish dram shop liability in New York, the plaintiff typically needs to prove the following elements:

  • The defendant (the establishment) sold or provided alcohol to the person who caused the harm.
  • The defendant knowingly served alcohol to someone who was visibly intoxicated or under the legal drinking age.
  • The intoxication from the alcohol sold by the defendant was a proximate cause of the plaintiff's injuries or damages.

Social host liability laws hold individuals accountable for providing alcohol to guests in their homes or at events they host. If a host serves alcohol to a guest who subsequently causes harm due to intoxication, the host may be held liable for damages. In New York, social host liability is primarily established through common law principles and is not explicitly codified in statutes.

To establish social host liability in New York, the plaintiff generally needs to demonstrate the following:

  • The host provided alcohol to the individual who caused harm.
  • The host knew or should have known that the individual was intoxicated or underage.
  • The host's provision of alcohol was a proximate cause of the injuries or damages suffered by the plaintiff.

How Can a Drunk Driving Accident Lawyer Help Me?

After a drunk driving accident in the Bronx, you will need to file an injury claim with the other driver’s insurance company. However, the insurance company will not have your best interests in mind. They will be looking for ways to reduce the amount they have to pay for your claim.

That is why it is so important to have a lawyer on your side after a drunk driving accident. At Dansker & Aspromonte, we are dedicated to helping victims of drunk drivers recover from injury and obtain their entitled compensation.

A lawyer can help you with your injury claim by:

  • Helping you get the medical care you need
  • Investigating the accident to prove liability
  • Gathering evidence to prove the full extent of your losses
  • Calculating the full value of your claim
  • Negotiating with the insurance company on your behalf
  • Filing a lawsuit if the insurance company refuses to offer a fair settlement
  • Representing you in court

Call us today at (646) 692-0204 or contact us online to schedule a free consultation with a drunk driving accident lawyer in the Bronx.

Focused on Your Recovery

    • Brain Damaged Child $50 Million

      A four-year-old boy was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation.

    • Wrongful Death $21.5 Million

      This accident occurred in the Bronx when our client was working on a sanitation truck. The driver lost control while making a turn. Our client was ejected and the truck ran over his leg.

    • Pedestrian Injury $10.3 Million

      A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver.

Handle Your Case With Confidence

Contact Dansker & Aspromonte

We serve clients throughout the New York City Metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties. Contact us for help today.

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