Drunk Driving Accident Lawyer in Melville, NY

When a drunk driver causes an accident, the consequences can be devastating. Victims face serious injuries, mounting medical bills, lost wages, and emotional trauma. If you or a loved one was injured by an intoxicated driver in Melville, you have the right to pursue compensation. Parker Waichman LLP handles drunk driving accident claims throughout Suffolk County and Long Island. Our personal injury attorneys work on a contingency fee basis, meaning you pay nothing unless we win your case. Contact us today for a free consultation with a drunk driving accident lawyer who understands your situation.

Why Choose Parker Waichman LLP for Your Drunk Driving Accident Claim

When you’ve been injured by a drunk driver, you need an attorney who knows how to hold negligent drivers accountable. Parker Waichman LLP has recovered over $2 billion for clients across all practice areas, including substantial settlements and verdicts in motor vehicle accident cases. Our team includes attorneys with more than 40 years of combined experience handling personal injury claims. We maintain a Martindale-Hubbell AV Preeminent rating—the highest possible rating for legal ability and ethical standards—and have been recognized by Best Lawyers in America and Super Lawyers for our work in personal injury litigation.

We understand the physical, emotional, and financial toll of drunk driving accidents. That’s why we approach every case with the commitment to recover the maximum compensation you deserve. We handle the investigation, negotiate with insurance companies, and represent you in court if necessary. You focus on healing while we focus on your case.

How Drunk Driving Accidents Happen and Who Is Liable

Drunk driving accidents occur when an impaired driver’s judgment, reaction time, and motor control are compromised by alcohol. Even small amounts of alcohol can affect driving ability. A driver with a blood alcohol concentration (BAC) of 0.05% experiences reduced coordination and difficulty tracking moving objects. At 0.08% BAC—the legal limit in New York—a driver’s concentration, short-term memory, and speed control deteriorate significantly. Understanding how alcohol impairs driving ability is critical to establishing liability in your case.

Because New York is a No-Fault state, your own auto insurance (PIP) pays your initial medical bills and lost wages, regardless of who caused the crash. To sue the drunk driver for pain and suffering (non-economic damages), your injury must meet the state’s ‘Serious Injury’ threshold (e.g., a fracture, significant disfigurement, or permanent limitation). We help you prove your injury qualifies so you aren’t limited to just basic insurance payouts.

What Makes a Driver Negligent

Every driver has a duty to operate their vehicle safely and follow traffic laws. A drunk driver breaches this duty by choosing to drive while impaired. The breach directly causes the accident and your injuries. Once you prove these elements, you can recover damages for your losses. In drunk driving cases, the driver’s impairment makes negligence clear. If the driver was convicted of DUI or had a BAC above the legal limit, this evidence strongly supports your claim.

Proving Liability in Drunk Driving Cases

Proving liability in a drunk driving accident involves gathering evidence that demonstrates the driver was impaired and caused the collision. Key evidence includes the police report, breathalyzer or blood test results, witness statements, and accident scene photographs. If the drunk driver was convicted of DUI, that criminal conviction can be used in your civil case to establish negligence. Even if criminal charges were dropped or the driver was acquitted, you can still pursue a civil claim. The civil standard of proof—preponderance of the evidence—is lower than the criminal standard of “beyond a reasonable doubt.”

Types of Injuries From Drunk Driving Accidents

Drunk driving accidents often result in serious injuries because impaired drivers cannot react quickly to avoid collisions or minimize impact. Common injuries include whiplash, broken bones, head injuries, spinal cord damage, internal injuries, and lacerations. Some victims suffer catastrophic injuries that permanently affect their ability to work and enjoy life. Traumatic brain injuries can cause cognitive impairment, memory loss, and personality changes. Spinal cord injuries may result in partial or complete paralysis. Even injuries that seem minor at first—like whiplash—can develop into chronic pain conditions that require ongoing treatment.

The long-term impact of drunk driving injuries extends beyond physical recovery. Many victims experience post-traumatic stress disorder, anxiety, and depression. Medical treatment may span months or years, and some injuries require lifelong care and rehabilitation. If you’ve suffered serious injuries from a drunk driving accident, our team can help you recover compensation for all damages.

Understanding New York’s Drunk Driving Laws

New York has strict laws against impaired driving. Understanding these laws helps explain why drunk drivers are held liable for accidents they cause.

New York BAC Standards

In New York, a driver is considered impaired if their BAC is between 0.05% and 0.07%. A driver is legally intoxicated if their BAC is 0.08% or higher. A driver with a BAC of 0.18% or higher is charged with aggravated DUI, which carries enhanced penalties. These legal limits apply to drivers of all ages, though drivers under 21 face a zero-tolerance policy with a 0.02% limit. For more information on New York’s impaired driving standards, consult New York Vehicle and Traffic Law § 1192. The New York State Department of Motor Vehicles provides additional resources on DUI laws and penalties.

Criminal Conviction and Civil Liability

A drunk driving conviction in criminal court strengthens your civil injury claim. When a driver is convicted of DUI, it establishes that they were impaired at the time of the accident. You can use this conviction as evidence in your civil case to prove negligence. However, you don’t need a criminal conviction to pursue a civil claim. Even if the driver was not charged criminally or the charges were dismissed, you can still recover compensation if you prove the driver was negligent by a preponderance of the evidence under New York’s comparative negligence rule. New York follows a Pure Comparative Negligence rule. Unlike other states that block you if you were mostly at fault, in New York, you can recover compensation even if you were 99% responsible for the crash. Your payout is simply reduced by your percentage of fault. Never assume you have no case just because you made a mistake.

What Compensation Can You Recover

Drunk driving accident victims can recover two types of damages: economic and non-economic damages. Economic damages compensate you for financial losses, including medical expenses, lost wages, property damage, and future medical care. Non-economic damages compensate you for pain and suffering, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement.

In cases where the drunk driver’s conduct was particularly reckless, you may also recover punitive damages. Punitive damages are designed to punish the defendant and deter similar conduct in the future. New York may allow punitive damages where the defendant’s conduct was wanton, reckless, or demonstrated an utter disregard for others’ safety. While standard damages cover your bills, Punitive Damages are designed to punish the driver. In New York, these are hard to win—mere intoxication isn’t always enough. We must prove the driver acted with ‘wanton or reckless disregard’ for safety (e.g., extremely high BAC, driving on a suspended license, or prior offenses). We aggressively pursue these extra damages to hold repeat offenders accountable.

How Parker Waichman LLP Builds Your Drunk Driving Case

Building a strong drunk driving case requires thorough investigation and strategic preparation. Our attorneys follow a proven process to gather evidence, identify liable parties, and maximize your recovery.

Gathering Critical Evidence

We begin by obtaining the police report, which documents the accident scene, officer observations, and any field sobriety test results. We request the driver’s BAC test results and any dashcam or surveillance footage from the accident scene. We interview witnesses who saw the accident or observed the drunk driver’s behavior before the collision. We also obtain medical records documenting your injuries and treatment. Accident reconstruction experts can analyze the collision dynamics to establish how the accident occurred and support liability.

Working With Expert Witnesses

Expert witnesses strengthen your case by providing professional opinions on critical issues. Medical experts testify about the nature and extent of your injuries and the cost of future medical care. Accident reconstruction experts explain how the collision occurred and why the drunk driver was at fault. Toxicology experts can discuss how alcohol impairs driving ability and how the driver’s BAC level affected their ability to operate the vehicle safely. Our team works with leading experts to build the strongest possible case for your recovery.

Frequently Asked Questions About Drunk Driving Accidents

What should I do immediately after a drunk driving accident?

First, ensure your safety and the safety of others. Call 911 if anyone is injured. Move to a safe location away from traffic if possible. Document the scene by taking photographs of vehicle damage, road conditions, and the accident location. Get the other driver’s name, phone number, address, insurance information, and vehicle details. Obtain contact information from witnesses. Report the accident to your insurance company. Seek medical attention even if you don’t feel injured—some injuries develop over time. Contact Parker Waichman LLP as soon as possible to discuss your case.

How long do I have to file a claim in New York?

In New York, you have three years from the date of the accident to file a personal injury lawsuit. However, don’t wait to contact an attorney. Evidence can disappear, witnesses’ memories fade, and insurance companies may deny claims if you delay. The sooner you contact our Melville office, the sooner we can begin investigating your case and protecting your rights.

Can I recover damages if I was partially at fault?

New York follows a comparative negligence rule. You can recover damages regardless of your percentage of fault, even if you were more than 50% responsible for the accident. Your recovery is reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you can recover $80,000. In most drunk driving cases, the drunk driver bears primary responsibility for the accident.

What if the drunk driver doesn’t have insurance?

If the drunk driver is uninsured or underinsured, you may be able to recover compensation through your own uninsured/underinsured motorist coverage. New York law requires all auto insurance policies to include uninsured motorist coverage with minimum limits of $25,000 per person/$50,000 per accident. Supplementary uninsured/underinsured motorist coverage is also available as optional additional protection. Parker Waichman LLP will review your insurance policy and pursue all available sources of 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 medical treatment, your lost wages, the extent of permanent disability, and the strength of liability evidence. Cases involving serious injuries, significant medical expenses, and clear liability are worth more than minor injury cases. We evaluate all factors and provide a realistic assessment of your case value during your free consultation. Our verdicts and settlements demonstrate our track record of recovering substantial compensation for injured clients.

Do I need to go to court?

Most drunk driving accident cases settle before trial. Insurance companies often settle cases involving clear liability and serious injuries rather than risk a jury verdict. However, if the insurance company refuses to offer fair compensation, we are prepared to take your case to trial. Our attorneys have extensive trial experience and are not afraid to litigate when necessary.

How long does a drunk driving case take?

The timeline depends on the complexity of your case and whether it settles or goes to trial. Simple cases with clear liability may settle within months. Complex cases involving serious injuries and disputed liability may take one to two years or longer. We keep you informed throughout the process and work efficiently to resolve your case as quickly as possible while maximizing your recovery.

Contact Parker Waichman LLP for Your Free Consultation

If you were injured by a drunk driver in Melville or anywhere in Suffolk County, don’t face the insurance company alone. Parker Waichman LLP offers a free consultation to discuss your case and explain your legal options. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. We have a Melville office conveniently located to serve clients throughout Long Island.

The statute of limitations gives you three years to file a lawsuit, but evidence can disappear and witnesses’ memories fade. Contact Parker Waichman LLP today by calling 800-968-7529 or visiting our website to schedule your free consultation. Let our experienced drunk driving accident lawyers fight for the compensation you deserve.

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