New York Drunk Driving Accident Lawyer
Drunk drivers in New York risk more than criminal charges if they cause an accident in which someone is injured or killed. They can also face a civil suit. In some cases, bars and restaurants can be held liable as well. The experienced New York drunk driving accident lawyers at The Lanier Law Firm can help you fight to maximize your compensation.
Drunk driving accidents are entirely avoidable. Unfortunately, they are all too common in bustling cities like New York. If you or a loved one has recently been hit by a drunk driver in New York City, you have the right to take action.
Benefit from an award-winning team of New York trial attorneys with decades of experience fighting on behalf of crash victims like you. Our results and client satisfaction speak for themselves. Our client-centric approach and dedication to our practice have helped us win billions of dollars in jury awards and private settlements.
How The Lanier Law Firm Can Help if You Were Injured by a Drunk Driver in New York City
How do you prove that the other driver was drunk? What evidence will you need to win a drunk driving accident case? Can anyone else be held liable for your injuries? What happens if someone tries to blame you? Should you accept a settlement or push for better results at trial?
These are critical questions. However, you shouldn’t have to split your focus between your physical recovery and your civil DUI case. The more time you have to concentrate on healing and moving forward with your life, the better. Our New York car accident lawyers can help by taking charge of your drunk driving accident lawsuit.
We have taken on powerful adversaries in New York—insurance companies, hospitals, and corporations—and won big for clients like you. Now we are ready to invest our experience, resources, and knowledge of New York DUI and tort law into your drunk driving case. You will have the time to rest and recover while our acclaimed litigators:
- Carefully investigate the circumstances of the drunk driving crash
- Gather and analyze important pieces of evidence, such as police reports, arrest records, breathalyzer test results, photographs from the scene of the accident, video recordings, physical damage to vehicles and other property, and more
- Find and interview witnesses
- Consult with leading New York car accident and DUI experts
- Anticipate and neutralize efforts to blame you for the wreck
- Design and use persuasive legal arguments to negotiate the terms of a favorable settlement
Our team will stand beside you from the moment you seek our help until your case is resolved. We will be there to answer your questions and to help you make important decisions.
We will assess your options and advise you so you can make an informed choice. If you aren’t happy with a settlement, our New York trial attorneys are fully prepared to bring your case to a jury. Contact our law office in New York to schedule a free consultation today.
Common Drunk Driving Accident Injuries
Drunk drivers are more likely than sober ones to behave recklessly, engage in dangerous driving, and cause serious accidents. At The Lanier Law Firm, our top-rated personal injury lawyers in New York represent drunk driving accident victims who have suffered:
- Broken bones and fractures
- Burn injuries
- Lost limbs
- Nerve damage
- Traumatic brain injury
Prompt medical treatment at the closest New York hospital can make the difference between life and death and will strengthen your future personal injury claim. As soon as your condition is stable, it is critical to contact our drunk driving accident attorneys to discuss your legal rights and options.
Understanding Liability for Drunk Driving Crashes in New York
It is illegal to drive drunk in the state of New York. Traditionally, drunk driving refers to operating a motor vehicle with a blood alcohol concentration of .08 percent or greater.
In New York, drunk driving includes operating a motor vehicle when a driver is under the influence and impaired from consuming drugs or alcohol. Impairment is subjective and depends on a person’s actions behind the wheel, coordination, and behavior.
Drunk driving can also be considered an act of negligence, which offers drunk driving accident victims a path to financial recovery. When you file a drunk driving accident lawsuit and allege that another driver was negligent, you must prove:
- The driver owed you a duty of care ( by operating a vehicle)
- The driver was impaired from consuming drugs or alcohol, which breached their duty of care
- The driver’s intoxication caused an accident in which you were injured
- You suffered damages
In New York, drunk driving accident lawsuits must be proven by a preponderance of evidence. A plaintiff’s story must be more likely true than not. It can be easier to win your case when the other driver is convicted of a DUI. In these situations, you can invoke the legal doctrine of negligence per se.
Negligence per se provides that a person is presumed to be negligent when they break a law that is intended to prevent a specific type of harm. New York’s drunk driving laws fit the bill. They are designed to keep drunk drivers off the road and, in turn, prevent the type of accident in which you got hurt.
New York Dram Shop Law
New York is one of several states with a dram shop law. These laws extend liability for drunk driving accidents to individuals and businesses that sell, furnish, or give alcohol to the drunk driver.
New York’s dram shop law is applicable when a bar, restaurant, or another alcohol vendor serves or provides alcohol to a person who was:
- Actually or apparently under the age of 21
- Visibly intoxicated at the time of the sale
Social hosts—including parents, siblings, and adults over the age of 21—can also be liable for serving alcohol to a minor who then causes a crash.
Comparative Fault in New York Drunk Driving Cases
In some cases, the drunk driver may attempt to point fingers and shift blame to limit their liability. They might say that you were also drunk or that you engaged in some other reckless behavior like speeding or texting and driving.
It is important to be ready to defend yourself. New York is a pure comparative negligence state. Any liability you share will affect how much money you can get in an insurance claim or lawsuit. Damages will be reduced based on your contribution to the car accident, so the more fault you share, the less money you can receive.
Our New York personal injury lawyers are ready to fend off these allegations. We will highlight the other driver’s intoxication, point out their dangerous driving behaviors, and work to disprove claims of shared fault altogether.
What is the deadline for filing a drunk driving lawsuit in New York?
New York state law gives three years from the date you are injured by a drunk driver to file a personal injury lawsuit. If you lose a family member in a fatal New York drunk driving crash, you have just two years to file a wrongful death action.
You don’t want to let too much time pass before contacting an attorney and asserting your rights. Not only will evidence fade quickly, but you risk missing the statute of limitations that applies to your case. Once that happens, you lose the ability to assert your rights, demand justice, and get the compensation you deserve.
How can The Lanier Law Firm help with my spinal cord injury case?
If your life has been changed because another driver was drunk, don’t let them off the hook for their poor choice. Contact The Lanier Law Firm, and let our New York drunk driving accident lawyers fight to hold them personally accountable for the harm and suffering they have caused.
Since 1990, our team has dedicated itself to providing justice for victims of drunk driving accidents in New York. We have won billions in compensation for our clients in the process.
We are ready to stand up and fight for you. We offer a free consultation and work on contingency. So it costs nothing to hire our personal injury law firm unless we win your drunk driving injury case. Call to speak with a member of our compassionate legal team today.