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Drunk Driving Accidents

From our New York City office, our car accident lawyers have handled numerous cases involving personal injury and even wrongful death where an innocent driver or pedestrian was hit by a drunk driver or a driver whose ability to drive was impaired by drugs. According to the National Highway Traffic Safety Administration, in 2010, more than 10,000 people died in alcohol-impaired driving crashes, which equates to one person killed every 51 minutes. To think of it differently, a different family is left with a tremendous loss every hour. That means drivers who abuse alcohol and drive created widows and fatherless children at an alarming rate.

Our New York and Manhattan car accident attorneys have handled numerous cases where serious injuries and even death have been caused by drunk drivers and we have the sensitivity to handle these cases. Accidents involving drunk drivers involve more than just carelessness, it is a moral wrong and a violation of the law. It involves society’s justified need that the drunk driver be punished for the loss that they have caused.

Unfortunately, most drunk drivers who cause serious injury and even fatalities in car and truck accidents do not have adequate insurance to cover the damage which they have caused. Out of necessity our New York car accident lawyers have developed an expertise in finding alternative insurance coverage and other defendants with deep pockets who may be partially responsible for the driver’s intoxication. For example, New York law has a provision for Supplemental Under Insured benefits. A simple example is when a defendant driver has only 25,000 in insurance coverage and the victim’s insurance has more insurance, such as 300,000 in coverage, the law in New York is that the injured party can recover the balance of their own insurance policy.

Another source of liability is known as New York’s Dram Shop Law. Under New York General Obligations Law 11-101 allows anyone who is injured by any intoxicated person, or by reason of the intoxication of any person shall have a right of action against any person who shall, by unlawful selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication. The law also allows the injured person to recover actual and exemplary damages. In general, anyone who violates New York’s Alcohol Beverage Law, by either serving someone under the age of 21 or serves alcohol to someone who is obviously intoxicated is also liable for the injury. Typically, this means that the injured party or family of the person killed by a drunk driver can sue the bar or tavern where an underage drinker was served or where an obviously intoxicated person was served with alcohol.

From our office in New York, our lawyers are surrounded by the Downtown New York bar scene and know all too well that drunk driving is a reality in New York and the surrounding communities of Port Chester, Greenburgh, Elmsford, Harrison, Rye, Scarsdale, Hartsdale, Pelham and Bronxville. There are also a rising number of Dance clubs in Yonkers, Ossining, Port Chester, the Bronx, Queens and New York, which often serve underage and intoxicated drivers. Our drunk driving accident lawyers remain committed to representing the seriously injured and the families of the wrongfully killed.

 
The Law Offices of Michael H. Joseph