With over $2 billion recovered for clients nationwide and decades of handling complex personal injury cases, our legal team has the knowledge and resources to take on drunk driving accident cases. We work throughout all five boroughs of New York City. Additionally, we operate on a “No Recovery = No Fees” basis, meaning you pay nothing unless we win your case.

If you or a loved one has been injured by a drunk driver in NYC, contact us today at (212) 267-6700 for a free consultation. Our team is available 24/7 to discuss your case and explain your legal options.

New York, NY 59 Maiden Ln 6th floor, New York, NY 10038, United States 212-267-6700
Table Of Contents

    Why Choose Parker Waichman LLP for Your Drunk Driving Accident Case

    At Parker Waichman LLP, we bring decades of handling cases and a proven track record of success to every drunk driving accident case. Our firm has recovered over $2 billion for clients nationwide. This includes significant settlements and verdicts in motor vehicle accident cases involving impaired drivers.

    Knowledgeable Legal Team: Our experienced attorneys have successfully handled thousands of personal injury cases. This includes complex drunk driving accident claims throughout New York City and beyond. Our team includes attorneys recognized by Super Lawyers and other prestigious organizations.

    Comprehensive Investigation: We conduct thorough investigations to identify all liable parties. We preserve important evidence and build the strongest possible case for maximum compensation.

    Medical Network: We work with leading medical professionals, accident reconstruction professionals, and economic analysts. They help us fully document injuries, treatment needs, and financial losses.

    No Upfront Costs: Our contingency fee structure means you pay nothing unless we win your case. We advance all case expenses and only recover our fees from the settlement or verdict.

    24/7 Availability: We understand that accidents happen at any time. We’re available around the clock to answer questions, provide support, and begin working on your case immediately.

    Multiple NYC Locations: With convenient office locations throughout New York City, we make it easy for clients to meet with our attorneys. This helps them stay involved in their cases.

    Awards and Recognition:

    Notable Results:

    Understanding Drunk Driving Accidents in NYC

    Drunk driving accidents occur when a driver operates a vehicle while under the influence of alcohol. Typically, this involves a blood alcohol content (BAC) of 0.08% or higher. In New York City’s densely populated urban environment, these accidents can happen anywhere. They occur on major highways like the FDR Drive and West Side Highway. Furthermore, they happen at busy intersections throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.

    The National Highway Traffic Safety Administration reports that alcohol-impaired driving fatalities account for approximately 30-32% of all traffic-related deaths nationwide. In New York City, drunk driving accidents often result in more severe injuries. This happens due to the urban environment’s high traffic density, pedestrian activity, and complex roadway systems.

    Common scenarios for drunk driving accidents in NYC include:

    • Late-night collisions on major thoroughfares and bridges
    • Weekend accidents near entertainment districts in Manhattan, Brooklyn, and Queens
    • Holiday-related drunk driving incidents throughout the city
    • Accidents involving rideshare vehicles with intoxicated passengers
    • Pedestrian strikes in busy areas like Times Square, the Financial District, or near popular nightlife venues
    • Multi-vehicle crashes on highways during rush hour when impaired drivers lose control

    The bustling nature of New York City means that drunk driving accidents often involve multiple victims. These include pedestrians, cyclists, and occupants of other vehicles. These complex scenarios require skilled legal representation to hold all liable parties accountable.

    Common Injuries from Drunk Driving Accidents

    Drunk driving accidents frequently result in severe, life-altering injuries. This happens due to the impaired driver’s inability to react appropriately to traffic conditions. They cannot brake in time or maintain control of their vehicle. The force of impact in these collisions can cause catastrophic harm to victims. Often, this requires extensive medical treatment and long-term rehabilitation.

    Traumatic Brain Injuries (TBIs): Head trauma from the impact can cause concussions, brain bleeding, cognitive impairment, or permanent neurological damage. These traumatic brain injuries may affect memory, speech, motor skills, and the ability to work or perform daily activities.

    Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis. This affects a victim’s mobility and quality of life. These spinal cord injuries often require lifelong medical care, adaptive equipment, and home modifications.

    Broken Bones and Fractures: The force of collision frequently causes multiple fractures. These particularly affect arms, legs, ribs, pelvis, and facial bones. Complex fractures may require multiple surgeries and extensive physical therapy.

    Internal Injuries: Damage to internal organs can be life-threatening. This includes the liver, spleen, kidneys, lungs, and heart. These injuries require immediate emergency intervention. They may have long-lasting effects on organ function.

    Burn Injuries: If the accident results in a fire or explosion, victims may suffer severe burn injuries. These require skin grafts, reconstructive surgery, and extensive rehabilitation. Burn injuries often leave permanent scarring and disfigurement.

    Psychological Trauma: Beyond physical injuries, drunk driving accident victims often experience post-traumatic stress disorder (PTSD). They may also face anxiety, depression, and other mental health conditions that require ongoing treatment.

    Wrongful Death: In the most tragic cases, drunk driving accidents result in fatalities. This leaves families to cope with the sudden loss of a loved one and the financial hardship that follows. Our wrongful death attorneys can help families pursue justice.

    The medical costs associated with these injuries can quickly reach hundreds of thousands or even millions of dollars. This makes it important to pursue full compensation from all available sources.

    New York’s Drunk Driving Laws and Penalties

    New York State has some of the strictest drunk driving laws in the nation. The state imposes severe penalties for those convicted of driving while intoxicated (DWI) or driving while ability impaired (DWAI). Understanding these laws is important for drunk driving accident victims. Criminal convictions can strengthen civil injury claims.

    Blood Alcohol Content Limits in New York:

    • 0.08% BAC for drivers 21 and older
    • 0.04% BAC for commercial drivers
    • 0.02% BAC for drivers under 21 (Zero Tolerance Law)
    • Any detectable amount for drivers under 21 with previous violations

    Criminal Penalties for Drunk Driving

    First Offense DWI: Up to 1 year in jail, fines ranging from $500 to $1,000, license revocation for at least 6 months. Additionally, mandatory installation of an ignition interlock device.

    Second Offense DWI: Up to 4 years in prison, fines up to $5,000, license revocation for at least 1 year. Furthermore, extended ignition interlock requirements.

    Felony DWI (third offense or DWI with a child passenger): Up to 7 years in prison, fines up to $10,000, license revocation for at least 1 year. This also creates a permanent criminal record.

    Additional Consequences:

    • Mandatory alcohol assessment and treatment programs
    • Dramatically increased insurance premiums
    • Employment consequences and professional license issues
    • Vehicle impoundment and forfeiture in certain cases

    While criminal penalties serve to punish the drunk driver and protect public safety, they do not compensate accident victims. They don’t cover injuries, medical expenses, lost wages, and pain and suffering. This is where a civil personal injury lawsuit becomes important for recovery.

    Proving Liability in Drunk Driving Accident Cases

    Successfully proving liability in a drunk driving accident case requires demonstrating that the intoxicated driver’s negligence directly caused the accident and resulting injuries. Our New York personal injury attorneys conduct thorough investigations and gather comprehensive evidence. We build the strongest possible cases for our clients.

    Key Evidence in Drunk Driving Cases

    Police Reports: Official accident reports documenting the scene, officer observations of the driver’s condition, field sobriety test results, and any arrests made. These reports are crucial for establishing liability.

    Chemical Test Results: Breathalyzer, blood, and urine test results showing the driver’s blood alcohol content at the time of the accident.

    Witness Statements: Testimony from bystanders, passengers, and other drivers who observed the accident. This includes those who saw the drunk driver’s behavior before the crash.

    Surveillance Footage: Video evidence from traffic cameras, nearby businesses, or dashboard cameras that captured the accident. This may also show the driver’s erratic behavior.

    Accident Reconstruction Analysis: Accident reconstruction professionals can analyze the crash scene, vehicle damage, and other evidence. They determine how the accident occurred.

    Bar and Restaurant Records: Documentation of alcohol sales to the intoxicated driver. This may support dram shop liability claims.

    Criminal Conviction as Evidence: A criminal conviction for DWI provides strong evidence of negligence in a civil case. However, it’s not required to prove liability. Even if criminal charges are reduced or dismissed, civil liability can still be established.

    Third-Party Liability: In addition to the drunk driver, other parties may bear responsibility for the accident:

    Dram Shop Liability: New York’s dram shop laws allow victims to pursue claims against bars, restaurants, or other establishments. These laws apply when they served alcohol to a visibly intoxicated person who later caused an accident.

    Social Host Liability: Property owners who serve alcohol at private parties may also bear responsibility. This applies if they continue serving an obviously intoxicated guest who later causes an accident.

    Compensation Available for Drunk Driving Accident Victims

    Victims of drunk driving accidents may be entitled to various types of compensation. This depends on the severity of their injuries, the impact on their lives, and the degree of the defendant’s misconduct. New York law allows for both compensatory and punitive damages in appropriate cases.

    Economic Damages:

    • Current and future medical expenses, including emergency treatment, surgery, rehabilitation, and ongoing care
    • Lost wages and reduced earning capacity due to inability to work
    • Property damage to vehicles and personal belongings
    • Transportation costs for medical appointments and therapy
    • Home modifications and adaptive equipment for disabilities
    • Vocational rehabilitation and job retraining costs

    Non-Economic Damages:

    • Pain and suffering, both physical and emotional
    • Mental anguish and psychological trauma
    • Loss of enjoyment of life and recreational activities
    • Disfigurement and scarring
    • Loss of consortium for spouses and family members
    • Disability and impairment of bodily functions

    Punitive Damages: In drunk driving cases, New York courts may award punitive damages. These are designed to punish the defendant’s reckless behavior and deter similar conduct by others. These damages can significantly increase the total compensation awarded. They are particularly important in cases involving repeat offenders or extremely high blood alcohol levels.

    Wrongful Death Damages: When drunk driving accidents result in fatalities, surviving family members may recover compensation for:

    • Funeral and burial expenses
    • Lost financial support and benefits
    • Loss of companionship, guidance, and consortium
    • Pain and suffering of the deceased before death
    • Punitive damages in cases of egregious conduct

    The total value of a drunk driving accident case depends on numerous factors. These include injury severity, long-term prognosis, the victim’s age and earning capacity, the degree of impairment, and the defendant’s insurance coverage and assets.

    Steps to Take After a Drunk Driving Accident

    If you’ve been injured in a drunk driving accident in New York City, taking the right steps immediately after the incident can protect your health. It can also preserve important evidence and strengthen your legal case. Here’s what you should do:

    Immediate Actions at the Scene:

    Seek Medical Attention: Even if injuries seem minor, get evaluated by medical professionals immediately. Adrenaline and shock can mask serious injuries. Some conditions may not manifest symptoms until hours or days later.

    Call 911: Report the accident to police and request emergency medical services. Police will investigate the scene, document evidence, and potentially arrest the drunk driver. According to the New York State Police, proper documentation is crucial for both criminal and civil cases.

    Document Everything: If you’re able, take photos of vehicle damage, the accident scene, skid marks, traffic signals, and any visible injuries. Also photograph the other driver if they appear intoxicated.

    Gather Information: Collect contact and insurance information from all parties involved. This includes names, phone numbers, driver’s license numbers, and insurance policy details.

    Identify Witnesses: Get contact information from anyone who saw the accident occur. Also get information from those who observed the other driver’s behavior before the crash.

    Avoid Admitting Fault: Don’t make statements about who caused the accident or apologize, even if you’re trying to be polite. These statements can be used against you later.

    Important Follow-Up Actions:

    • Keep detailed records of all medical treatment, expenses, and doctor’s appointments
    • Follow all medical advice and attend scheduled treatments and therapy sessions
    • Notify your insurance company about the accident, but avoid giving recorded statements until you’ve consulted with an attorney
    • Avoid speaking with the other driver’s insurance company without legal representation
    • Keep records of lost wages and any other financial impacts from the accident
    • Contact a knowledgeable drunk driving accident attorney as soon as possible

    Time Limits: New York’s statute of limitations for personal injury cases is three years from the date of the accident. However, it’s important to contact an attorney immediately to preserve evidence. This helps interview witnesses while memories are fresh and protects your rights throughout the process.

    Frequently Asked Questions About Drunk Driving Accidents

    What should I do immediately after being hit by a drunk driver?

    First and foremost, seek medical attention even if you feel fine. Adrenaline can mask serious injuries. Call 911 to report the accident and document everything you can about the scene. This includes photos and witness information. Avoid discussing fault with anyone except the police and your attorney. The drunk driver may try to convince you not to call police or may seem apologetic. However, it’s important to have an official report and proper documentation.

    How long do I have to file a drunk driving accident lawsuit in New York?

    New York’s statute of limitations for personal injury cases is three years from the date of the accident. However, certain circumstances can affect this timeline. It’s important to contact an attorney immediately to begin investigating your case. This helps preserve evidence and protect your rights. Waiting too long can result in lost evidence and weakened witness testimony.

    Can I sue both the drunk driver and the bar that served them?

    Yes, New York’s dram shop laws allow you to pursue claims against establishments that serve alcohol to visibly intoxicated patrons who later cause accidents. This can provide additional sources of compensation beyond the drunk driver’s insurance. We investigate whether the driver received alcohol at bars, restaurants, or other licensed establishments before the accident. We also determine whether those establishments violated their duty to refuse service to intoxicated customers.

    What types of compensation can I recover from a drunk driving accident?

    You may recover economic damages (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). You may also potentially receive punitive damages designed to punish the drunk driver’s reckless behavior. In wrongful death cases, families can recover funeral expenses, lost financial support, and loss of companionship. The total compensation depends on the severity of injuries, long-term impact, and other case-specific factors.

    How do you prove the other driver was drunk?

    Evidence includes police reports, breathalyzer results, blood tests, field sobriety tests, witness statements, and surveillance footage. We also investigate the driver’s activities before the accident. This includes where they were drinking and how much alcohol they consumed. A criminal conviction for DWI provides strong evidence but isn’t required to prove liability in a civil case.

    Will the drunk driver's insurance cover my damages?

    The drunk driver’s insurance should cover damages up to their policy limits. However, insurance companies often try to minimize payouts or deny claims entirely. This makes skilled legal representation important. If the driver’s coverage is insufficient, we explore other sources of compensation. This includes your own underinsured motorist coverage and claims against third parties like bars or social hosts.

    What if the drunk driver doesn't have insurance?

    You may be able to recover compensation through your own uninsured motorist coverage, which is required in New York. We also pursue claims against other liable parties such as bars that served the driver. This includes employers if the driver was working at the time of the accident. Additionally, we can pursue the driver’s personal assets through civil litigation.

    Can I still recover compensation if I was partially at fault?

    New York follows comparative negligence rules. This means you can still recover compensation even if you were partially at fault for the accident. However, your award will be reduced by your percentage of fault. For example, if you’re found 20% at fault, your compensation would be reduced by 20%. Our attorneys work to minimize any fault attributed to our clients and maximize their recovery.

    Contact Parker Waichman LLP Today

    If you or a loved one has been injured in a drunk driving accident in New York City, don’t wait to seek legal help. The sooner you contact our knowledgeable attorneys, the better we can protect your rights. We can build a strong case for maximum compensation.

    Call (212) 267-6700 for a free consultation.

    New York, NY 59 Maiden Ln 6th floor, New York, NY 10038, United States 212-267-6700

    Our team is available 24/7 to discuss your case and explain your legal options. We handle all drunk driving accident cases on a contingency fee basis – you pay nothing unless we win your case.

    Convenient NYC Office Locations:

    • Manhattan: 59 Maiden Lane, 6th Floor, New York, NY 10038
    • Brooklyn: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY 11201
    • Queens: 118-35 Queens Boulevard, Suite 400, Forest Hills, NY 11375
    • Long Island: 6 Harbor Park Drive, Port Washington, NY 11050
    • Additional locations in New Jersey and Florida

    With over $2 billion recovered for clients and decades of handling complex personal injury cases, we have the knowledge, resources, and dedication to secure the maximum compensation for your drunk driving accident case. Contact us today to get started on your path to recovery.

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