Drunk Driving Accident Lawyer in Brooklyn, NY

Drunk driving accidents cause devastating injuries and financial hardship for victims and their families. If an intoxicated driver in Brooklyn has injured you, you deserve compensation for your medical bills, lost wages, and pain and suffering. Parker Waichman LLP helps accident victims recover the full damages they’re entitled to under New York law. Call (718) 554-8055 today for a free consultation with no obligation.

Why Choose Parker Waichman LLP for Your Drunk Driving Accident Claim

When you’re injured by a drunk driver, you need an attorney who understands both the legal complexities of impaired driving cases and the serious injuries these accidents cause. Parker Waichman LLP has recovered over $2 billion for clients across all practice areas, including substantial settlements in auto accident cases. Our team of 20+ attorneys brings decades of combined experience handling personal injury claims throughout Brooklyn and New York.

We’ve secured a $3.51 million settlement in a major car accident case involving severe collision injuries, and a $4.5 million settlement for a catastrophic pedestrian accident victim. Our Brooklyn office is located at 300 Cadman Plaza West, making it convenient for local clients to meet with our team. We work on a contingency fee basis, which means you pay nothing unless we win your case. Every client receives a free case evaluation in which we discuss your injuries, the circumstances of the accident, and your legal options.

What Constitutes Drunk Driving in New York

Understanding what the law considers drunk driving is important for your case. In New York, a driver is legally intoxicated if their blood alcohol content (BAC) reaches 0.08% or higher. However, the state recognizes different levels of impaired driving with varying penalties.

An Aggravated DWI occurs when a driver’s BAC is 0.18% or higher. Drivers under 21 face a zero-tolerance policy—a BAC of 0.02% or higher can result in charges. Commercial drivers have stricter limits, with a BAC of 0.04% or higher considered illegal. New York also recognizes Driving While Ability Impaired (DWAI), which applies when a driver’s ability to operate a vehicle is impaired by alcohol or drugs, even if their BAC is below 0.08%.

Police use several methods to determine if a driver is impaired. Breathalyzer tests measure BAC at the roadside or police station. Blood tests provide the most accurate BAC measurement and are often used as evidence in court. Field sobriety tests—such as the walk-and-turn test, one-leg stand test, and horizontal gaze nystagmus test—help officers assess impairment at the scene. These tests and measurements become critical evidence in your Brooklyn personal injury claim.

Liability in Drunk Driving Accidents

Establishing liability in a drunk driving accident is often more straightforward than in other car accident cases. A drunk driver has breached their duty of care by operating a vehicle while impaired. This negligence is the foundation of your personal injury claim.

New York follows a comparative negligence rule, which means you can recover damages even if you were partially at fault for the accident. You could recover compensation even if you were found to be 99% responsible, though your damages would be reduced by your percentage of fault. This rule protects accident victims and ensures fair compensation.

In some cases, you may also pursue a dram shop liability claim. Under New York’s dram shop law, bars, restaurants, and other establishments that serve alcohol can be held liable if they serve a visibly intoxicated person who then causes an accident. This expands your potential sources of recovery beyond just the drunk driver.

It’s important to understand the difference between criminal and civil liability. The drunk driver may face criminal DWI charges in criminal court, but your personal injury claim is a separate civil matter. A DUI conviction in criminal court helps your civil case by establishing the driver’s impairment, but you don’t need to wait for a criminal conviction to pursue your civil claim. The burden of proof is lower in civil cases than in criminal cases, making it easier to establish liability.

Injuries and Damages in Drunk Driving Cases

Drunk driving accidents frequently result in serious, life-altering injuries. The impact of a vehicle driven by an impaired driver often causes more severe damage than accidents caused by sober drivers, as intoxicated drivers typically don’t brake or take evasive action before impact.

Common injuries in drunk driving accidents include traumatic brain injury (TBI), which can cause cognitive impairment, memory loss, and personality changes. Spinal cord injuries may result in partial or complete paralysis. Victims often suffer broken bones, internal injuries, and organ damage. Some accidents result in permanent disfigurement or loss of limb.

You can recover two types of damages in a drunk driving accident case. Because New York is a No-Fault state, your own auto insurance (PIP) typically pays your initial medical bills and lost wages (up to $50,000) regardless of who caused the crash. We handle these filings for you while simultaneously pursuing a lawsuit against the drunk driver for your excess damages and pain and suffering. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and diminished quality of life. In catastrophic injury cases, these damages can be substantial.

If a loved one was killed in a drunk driving accident, you may pursue a wrongful death claim. Surviving family members can recover damages for their loss, including funeral expenses and the economic support the deceased would have provided.

How Parker Waichman LLP Handles Your Drunk Driving Accident Case

Our approach to drunk driving accident cases combines thorough investigation with aggressive representation. We begin by obtaining the police report, which documents the officer’s observations, the driver’s BAC test results, and any citations issued. We interview witnesses who saw the accident or observed the drunk driver’s behavior before the collision.

We gather evidence from the accident scene, including photographs showing vehicle damage, road conditions, and traffic signals. We obtain your medical records and work with medical experts to document your injuries and establish the connection between the accident and your medical condition. In complex cases, we may hire accident reconstruction experts to demonstrate how the accident occurred and establish liability.

Insurance companies often try to minimize payouts in drunk driving cases. We handle all negotiations with the insurance company, presenting evidence of liability and damages to support your claim. We calculate the full value of your case, including all past and future medical expenses, lost wages, and non-economic damages.

We’re prepared to take your case to trial if the insurance company refuses to offer fair compensation. Our attorneys have experience presenting drunk driving cases to juries and have achieved substantial verdicts and settlements. However, most cases settle before trial, typically within 6 to 18 months, depending on the complexity of your injuries and liability issues.

Statute of Limitations for Drunk Driving Accidents in New York

Time is critical in personal injury cases. New York law gives you three years from the date of the accident to file a personal injury lawsuit. If your loved one was killed in a drunk driving accident, you have two years to file a wrongful death claim. These deadlines are strict—if you miss them, you lose your right to recover compensation.

Acting quickly is important for several reasons. Evidence can disappear as time passes. Witnesses may move away or forget details. Medical records become harder to obtain. Insurance companies may settle claims more favorably early in the process. By contacting Parker Waichman LLP promptly, you ensure that we can preserve evidence and build the strongest possible case.

There are limited exceptions to these deadlines. If you were a minor at the time of the accident, the statute of limitations may be extended. If you were incapacitated and unable to file a claim, tolling may apply. However, these exceptions are narrow, and you should not rely on them. Contact an attorney immediately after your accident.

Frequently Asked Questions

What should I do immediately after a drunk driving accident?

Your first priority is your safety and health. If you’re injured, call 911 and seek medical attention immediately. Even if you feel fine, some injuries don’t appear until hours or days after an accident. Once you’re safe, call the police to report the accident. The police report is crucial evidence in your case. If you’re able, document the scene by taking photographs of vehicle damage, road conditions, and the surrounding area. Get the names and contact information of any witnesses. Avoid discussing fault or your injuries with the other driver or their insurance company. Contact Parker Waichman LLP as soon as possible so we can begin investigating your case.

How do I prove the other driver was drunk?

Several types of evidence establish that the other driver was intoxicated. The police report documents the officer’s observations of the driver’s behavior, speech, and coordination. BAC test results—from a breathalyzer or blood test—provide direct evidence of intoxication. Witness testimony from people who saw the driver before or after the accident can describe impaired behavior. Accident reconstruction experts can analyze the accident circumstances and demonstrate that the driver’s impaired judgment caused the collision. Video footage from traffic cameras or nearby businesses may show the driver’s erratic behavior before the accident.

Can I recover damages if I was partially at fault?

Yes. New York’s comparative negligence law allows you to recover damages even if you were partially responsible for the accident. Your damages are reduced by your percentage of fault. For example, if you were found to be 20% at fault and your damages total $100,000, you would recover $80,000. This rule ensures that accident victims aren’t completely barred from recovery simply because they contributed to the accident in some way.

What if the drunk driver doesn’t have insurance?

If the at-fault driver is uninsured, you can pursue a claim under your own uninsured motorist (UM) coverage. This coverage is part of your auto insurance policy and protects you when the other driver lacks insurance. If the drunk driver has minimal insurance that doesn’t cover your full damages, you may also pursue underinsured motorist (UIM) coverage. Your own insurance policy provides this protection. Parker Waichman LLP will help you navigate these claims and ensure you receive the maximum available compensation.

How much is my drunk driving accident case worth?

The value of your case depends on several factors: the severity of your injuries, the cost of your medical treatment, your lost wages, the strength of liability evidence, and the impact on your quality of life. There’s no standard amount for drunk driving accident cases—each case is unique. A minor injury case might settle for a few thousand dollars, while a catastrophic injury case could be worth hundreds of thousands or millions. We evaluate all aspects of your case to determine its value and pursue the compensation you deserve.

How long does a drunk driving accident case take?

Most cases settle within 6 to 18 months. However, if your case goes to trial, it may take 1 to 3 years or longer. The timeline depends on the complexity of your injuries, how quickly medical treatment is completed, the strength of liability evidence, and whether the insurance company is willing to negotiate fairly. We keep you informed throughout the process and work efficiently to resolve your case.

Do I need an attorney for a drunk driving accident?

Insurance companies have adjusters and attorneys working to minimize what they pay you. An experienced personal injury attorney protects your rights and ensures you receive fair compensation. We handle all communication with the insurance company, gather evidence, calculate damages, and negotiate on your behalf. We also ensure you meet all legal deadlines and comply with procedural requirements. Most importantly, we’re prepared to take your case to trial if necessary to achieve the compensation you deserve.

Contact Parker Waichman LLP for Your Free Consultation

If you’ve been injured by a drunk driver in Brooklyn, don’t wait to seek legal help. Call 800-968-7529 today for a free consultation with Parker Waichman LLP. We’ll discuss your accident, your injuries, and your legal options. There’s no obligation, and you pay nothing unless we win your case. We serve Brooklyn and the surrounding areas and are ready to fight for the compensation you deserve.

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