NEW YORK LAWYERS WHO REPRESENT PEOPLE SERIOUSLY INJURED IN DRUNK DRIVING CRASHES
OUR AGGRESSIVE ATTORNEYS SUE EVERYONE THAT CAN BE
HELD LIABLE FOR YOUR INJURIES
Our lawyers who represent people who were injured in drunk driving accidents know that the sad reality, is that drunk drivers often do not have sufficient insurance to cover the damage they cause. To make sure that our clients get compensated as fully as possible our lawyers, explore every avenue. The driver, who was intoxicated can obviously be sued, as can the owner of the vehicle. Under New York's law the owner of the vehicle is responsible for the negligent actions of anyone that they allow to operate their vehicle. Also, New York's Dram Shop law allows a commercial establishment to be sued if they made an illegal sale of alcohol, which resulted in a personal injury. A commercial establishment means any business that is licensed to sell alcohol, including a liquor store, a bar, tavern or nightclub. Under New York law it is illegal to sell alcohol to anyone under twenty one years of age, or to sell additional alcohol, if a person is already intoxicated. So if you were injured in an alcohol related crash with a drunk driver, our New York City and Westchester car accident lawyers can sue whatever business sold the alcohol to the underaged drinker. Our New York car accident lawyers, have used New York's Dram Shop laws on countless ocassions to make sure that our personal injury clients get the compensation that they deserve. Our New York drunk driving injury lawyers know how to prove dram shop cases. If the driver had a high blood alcohol level, whatever bars contributed to the intoxication can be sued. Usually in drunk driving crashes, during the arrest the police will administer a blood alcohol test, which will document what the driver's blood alcohol level was. Our New York drunk driving accident lawyers often work with forensic toxicologists to calculate what the person's blood alcohol level was while they were consuming alcohol and can demonstrate what signs of intoxication the person was displaying, based upon their blood alcohol level.
One of the most frequent questions our Westchester drunk driving accident lawyers are asked is, "I got hurt by a drunk driver, who has nothing and only a minimum insurance policy, am I only going to get the twenty five thousand dollar minimum?" The answer is that if you paid for good insurance, then no, you can go after your own insurance also, through a supplementary underinsured motorist claim. Our drunk driving accident attorneys, also will pursue supplementary under insured motorists claims on your behalf. Our attorneys know that it is the best practice to pursue all possible remedies for someone who was injured by a drunk driver. New York has laws which protect people who pay for high insurance limits and are injured by irresponsible drivers with lower insurance limits. This allows you to seek compensation from your own insurance company, and the insurance company for any car registered to your household, up to the policy limits of that policy. In general, your own insurance company would have to step into the shoes of the insurance company of the driver that was responsible for the crash and pay you up to the maximum limits of the insurance policy.
If you have been injured in a drunk driving accident in Westchester, contact our White Plains law office for a free consultation at (914) 574-8330. If you were involved in a drunk driving accident, in New York City, call our Manhattan law office for a free consultation at (212) 858-0503.
According to the New York State Department of Motor Vehicles, more than 20 percent of all highway deaths in New York State involve the use of alcohol or other drugs. Drunk driving accounts for one out of three life-threatening motor vehicle accidents.
Where there is a car accident involving serious personal injuries or death, New York law requires that the responding police officer, administer field sobriety tests to the drivers, to check if they were driving while intoxicated. The police officers, under New York law, do not have discretion, but must administer the tests, including chemical tests.
When you drink alcohol or take other drugs, safe driving is not possible. Not every impaired or intoxicated driver causes a traffic crash, but each one is dangerous, putting the lives of himself or herself and those sharing the road at risk. Alcohol increases reaction time, reduces your ability to see clearly, changes your judgment of speed and distances, often makes you less inhibited and makes you more prone to take chances. The important skills you need to drive safely are made weaker.
Department of Motor Vehicles
WHO IS RESPONSIBLE FOR MY MEDICAL BILLS
AND LOST WAGES
Under New York law, if you were injured in a motor vehicle accident including a drunk driving car accident, then you are entitled to no fault benefits, in addition to filing a lawsuit for personal injuries. No fault benefits include payment of your medical bills, necessary incidental expenses, such as transportation to medical appointments and lost wages. If you were a passenger in a car, then the insurance company for the car which you were in has to pay your medical bills and lost wages, even if another driver was at fault for the accident. If you were a pedestrian or a bicyclist, and were hit by a drunk driver, then the insurance company for the car that hit you has to pay for your medical bills and lost wages.
DRUNK DRIVING FATALITY CASES
Our New York wrongful death attorneys have extensive experience in handling drunk driving accident cases. If your loved one was killed in a drunk driving accident, you can sue those responsible for your loss. Drunk driving fatality accidents involving a household's bread winner can be financially devastating. New York law allows the spouse and child of a person who died in an accident because of a drunk driver to recover all of the financial support that the deceased would have provided during the course of their anticipated worklife. Our New York drunk driving lawyers who handle wrongful death cases, can also obtain compensation for the loss of services of the deceased, including educational and other services. If you have questions about what you can recover where your spouse or parent was killed by a drunk driver, call our New York and Westchester wrongful death attorneys today for a free consultation.
DRUNK DRIVING FATALITIES CONTINUE TO PLAGUE
According to the National Highway Traffic Safety Administration, every day in the United States approximately 30 people die in drunk driving auto accidents. This means the over 10,000 people per year die in drunk driving fatality accidents. Approximately five percent of alcohol involved motor vehicle collisions end in fatality. Most alcohol related accidents occur on the weekend, between Friday and Sunday.
DRUNK DRIVING KILLS AND LEAVES SURVIVORS SERIOUSLY INJURED
In 2016, there were 304 alcohol related motor vehicle accident fatalities in New York. Between 2002 and 2012, there were 3,752 people were killed in crashes involving a drunk driver in New York. Nationally, on average, there are over 10,000 fatalities in motor vehicle accidents which were cauesd by drunk or impaired drivers, which are also known as alcohol related driving fatalities.
Almost one third of all motor vehicle fatalities are alcohol related. 2017 Highway Safety Report & Centers For Disease Control