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New York Personal Injury Lawyers

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Drunk Driving Accidents

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Drunk Driving Accidents

New York Drunk Driving Accident Attorneys

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 fighting for you. You can trust our drunk driving accident lawyers in New York to handle your case and recover maximum compensation for each and every type of damage you suffered and will suffer in the future.

Can You Sue Someone for Drunk Driving?

Drunk drivers can be held liable for criminal penalties as well as being sued in civil court. If you suffered serious injuries due to the negligence of a drunk driver, a DUI accident lawyer will help you use the laws of New York to recover substantial financial compensation.

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 seeks monetary compensation if the actions of that drunk driver caused serious injuries.

How Long After an Accident Can You Sue in New York?

In New York, victims generally have three years from the drunk driving accident to file a civil claim. There are important exceptions to this rule however that may significantly limit the time you have to file your claim. In claims against agents or employees of The City of New York or other municipality or governmental organization, for example, you are required to file a Notice of Claim as soon as 90 days from the date of your incident.  

Additionally, lawsuits against The City of New York and other Public Authorities such as New York City Transit or Housing Authority must be commenced within 1 year and 90 days from the date of the accident.  In order to protect your rights, it is important that you consult with an attorney as soon as possible after your accident so that you do not miss an important filing deadline.  If you fail to file your claim or lawsuit by the required deadline, you could be forever prevented from recovering the benefits or compensation you deserve. 

A drunk driving accident attorney in New York ensures your claim is filed quickly and accurately. Our lawyers have decades of experience holding drunk drivers accountable.  If we agree to accept your case, we will begin an immediate investigation of your accident, gather and preserve evidence, file your claim before the expiration of any applicable deadlines and build your claim for maximum recovery.

For a free legal consultation with a distracted driving accident lawyer in New York, call (646) 692-0204.

Handle Your Case with Confidence

Over $500 Million Recovered
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How Long After an Accident Can You Sue in New York?

In New York, victims generally have three years from the drunk driving accident to file a civil claim. There are important exceptions to this rule however that may significantly limit the time you have to file your claim. In claims against agents or employees of The City of New York or other municipality or governmental organization, for example, you are required to file a Notice of Claim as soon as 90 days from the date of your incident.  

Additionally, lawsuits against The City of New York and other Public Authorities such as New York City Transit or Housing Authority must be commenced within 1 year and 90 days from the date of the accident.  In order to protect your rights, it is important that you consult with an attorney as soon as possible after your accident so that you do not miss an important filing deadline.  If you fail to file your claim or lawsuit by the required deadline, you could be forever prevented from recovering the benefits or compensation you deserve. 

A drunk driving accident attorney in New York ensures your claim is filed quickly and accurately. Our lawyers have decades of experience holding drunk drivers accountable.  If we agree to accept your case, we will begin an immediate investigation of your accident, gather and preserve evidence, file your claim before the expiration of any applicable deadlines and build your claim for maximum recovery.

For a free legal consultation with a distracted driving accident lawyer in New York, call (646) 692-0204.

How We Can Help

Proving Negligence in a Drunk Driving Accident

To establish fault in a New York drunk driving accident, your attorney must prove the other driver drove his or her vehicle in an unreasonably unsafe manner and those actions resulted in the accident. A skilled lawyer does this by creating an argument with four elements:

  • Duty of care: the driver is expected to operate his or her vehicle in a reasonably safe manner 
  • Breach of duty: the driver failed to operate the vehicle in a reasonably safe manner 
  • Causation: the driver’s failure to drive with care caused an accident 
  • Damages: as a result of the driver’s accident, someone suffered an injury

Our drunk driving accident attorneys use these elements to demonstrate that the drunk driver was negligent in causing the accident.

Millions Recovered

$50 Million

Brain Damaged Child

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 call the police and 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. 

Get a Free Consultation with a Drunk Driving Accident Lawyer in New York

At Dansker & Aspromonte Associates LLP, we are proud to be one of the top personal injury law firms in New York City. With over 100 years of experience, our attorneys have recovered hundreds of millions of dollars in compensation for accident victims. 

Bruna Romeo Testimonial

Commonly Asked Questions

What steps should I take immediately after a drunk driving accident in New York?

If you’re involved in a drunk driving accident in New York, it’s crucial to call the police immediately and ensure an official report is filed. Note the driver’s behavior and any evidence of alcohol consumption. If you suspect the driver is intoxicated, inform the officers as it may prompt a field sobriety test. Document the scene with photos and gather contact information from witnesses. After addressing any urgent medical needs, consult with a drunk driving accident lawyer in New York to discuss your legal options and ensure your rights are protected.

 

Is there a time limit for filing a drunk driving accident lawsuit in New York?

Yes, New York has a statute of limitations for filing a drunk driving accident lawsuit. Generally, you have three years from the date of the accident to file a civil claim. However, if the claim is against a government entity, you may have as little as 90 days to file a Notice of Claim. It’s important to consult with a drunk driving accident attorney as soon as possible to avoid missing critical deadlines and to ensure your claim is filed in a timely manner.

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 and other damages are held liable.

Common Types of DUI Accidents & 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. 

Focused on Your Recovery

Call us today at (646) 692-0204 to set up your free consultation to discuss your case.

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.

MVA - Police Officer

$31 Million

A 35-year-old New York City Police officer was admitted to Jacobi Hospital with head and limb injuries after a collision.

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Handle Your Case With Confidence

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.

According to a 2011 report by the Centers for Disease Control and Prevention, an average drunk driver has driven drunk 80 times before his or her first arrest. Every single time a drunk driver gets behind the wheel, he or she is increasing the odds of motor vehicle accidents and putting lives at risk. If you or a loved one has been injured by a drunk driver in New York, it is important to have an experienced drunk driving accident attorney on your side.

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At Dansker & Aspromonte Associates LLP, we are passionate advocates for victims of drunk driving accidents. Whether you have been injured by a drunk driver or have lost a loved one in a fatal drunk driving accident, we are here to help you obtain the compensation you deserve, while holding the drunk driver responsible for his or her actions.

For a free legal consultation, call (212) 732-2929

Call or text (212) 732-2929 or complete a Free Case Evaluation form

Have You or a Loved One Been Injured by a Drunk Driver?

Driving while intoxicated or under the influence is clearly reckless and dangerous behavior. When a drunk driver injures another person, the criminal courts can punish the driver, but they do nothing to compensate the victim for their losses.

Victims of drunk driving accidents can pursue compensation for their medical bills, wage loss, and other hardships arising from the injury. In many cases, victims may also pursue punitive damages — damages designed to punish the wrongdoer.

If a bar, restaurant or other establishment served the drunk driver alcohol prior to the crash, the accident victim may also be able to pursue compensation under New York’s tavern liability statutes.

Our attorneys will aggressively pursue all avenues of compensation, so you can have the financial resources you need to rebuild your life.

If you or someone close to you has been injured by a drunk driver, our car accident lawyers are here to help. Contact us today online or by telephone at (212) 732-2929 to speak with an experienced New York City DUI/DWI personal injury lawyer.

Call or text (212) 732-2929 or complete a Free Case Evaluation form