Drunk Driver Accident Lawyer in Port Washington, NY

If a drunk driver injured you or a loved one, you have the right to pursue compensation for your damages. Parker Waichman LLP represents victims of drunk driving accidents throughout Port Washington and Nassau County. Our drunk driving accident lawyer in Port Washington understands the physical, emotional, and financial toll these accidents take on families. We handle every aspect of your case while you focus on recovery.

Why Choose Parker Waichman LLP for Your Drunk Driving Accident Case

When you work with Parker Waichman LLP, you gain access to a team of experienced personal injury attorneys who have recovered over $2 billion for clients across all practice areas. Our attorneys, including Raymond C. Silverman, Alex Tovstolug, and Brett A. Zekowski, bring decades of combined experience handling complex accident cases. We maintain seven office locations throughout New York, New Jersey, and Florida, with our headquarters in Port Washington—your community.

We work on a contingency fee basis, which means you pay nothing upfront and no fees unless we recover compensation for you. Every client receives a free consultation where we evaluate your case and explain your legal options. Our team has earned recognition from Best Lawyers in America, Super Lawyers, and the National Trial Lawyers organization. With a 4.8 out of 5-star rating from hundreds of client reviews, we have built our reputation on delivering results and treating clients with respect. View our verdicts and settlements to see the results we’ve achieved for clients.

How Drunk Driving Accidents Happen and Who Is Liable

Drunk driving accidents occur in many ways. A drunk driver might rear-end your vehicle at a traffic light, cross the center line and hit you head-on, or run a red light at an intersection. Some accidents happen at high speeds when an intoxicated driver loses control of their vehicle. Others occur when a drunk driver fails to yield or misjudges distances and speeds.

In New York, a driver with a blood alcohol concentration (BAC) of .08% or higher is considered legally intoxicated. Drivers under 21 face a zero-tolerance law and cannot operate a vehicle with a BAC of 0.02% or higher. Commercial drivers must stay below .04%. When a drunk driver causes an accident, they have acted negligently and bear legal responsibility for the injuries and damages they cause.

Liability extends beyond the drunk driver themselves. If the driver was operating a commercial vehicle, their employer may share responsibility. Under New York’s Dram Shop Act (General Obligations Law § 11-101), a bar or restaurant can be held liable if they served alcohol to a person who was ‘visibly intoxicated’ (slurring speech, stumbling, etc.) or under the age of 21. Proving ‘visible’ intoxication is the key legal standard we focus on to hold these establishments accountable. Our Port Washington personal injury attorneys investigate all potential sources of liability to maximize your recovery.

Injuries and Damages from Drunk Driving Accidents

Drunk driving accidents frequently cause severe injuries because intoxicated drivers often travel at high speeds and fail to brake or take evasive action. Victims suffer traumatic brain injuries, spinal cord damage, broken bones, internal injuries, and, in the worst cases, death.

A traumatic brain injury can affect your ability to work, think clearly, and enjoy life. Spinal cord injuries may result in partial or complete paralysis. Fractures require surgery and months of rehabilitation. Internal injuries can have long-term complications that affect your health for years.

You can recover compensation for all damages caused by the drunk driver’s negligence. This includes medical expenses—both current treatment and future care—lost wages from time away from work, pain and suffering, property damage to your vehicle, and diminished quality of life. If the accident caused permanent disability, you can recover damages for the impact on your future earning capacity and your ability to perform daily activities.

What to Do After a Drunk Driving Accident

Your immediate priority after a drunk driving accident is your safety and health. Call 911 if anyone is injured. Seek medical attention even if you feel fine, as some injuries develop over hours or days. Request that police respond to the scene and file an accident report.

While waiting for help, document the scene if you can do so safely. Take photos of vehicle damage, the accident location, road conditions, and traffic signals. Get the names, phone numbers, and addresses of witnesses. Collect the other driver’s insurance information and license plate number. Note the time of day and weather conditions.

Avoid discussing fault with the other driver or their insurance company. Do not sign anything except for police officers. Contact Parker Waichman LLP as soon as possible. New York law gives you three years from the accident date to file a personal injury lawsuit, but acting quickly helps preserve evidence and witness memories. Learn more about when to get an attorney after an accident.

The Claim Process and Your Recovery Timeline

After you hire Parker Waichman LLP, our team begins a thorough investigation. We obtain the police report, medical records, and witness statements. We may hire accident reconstruction experts to prove how the accident happened and that the other driver’s intoxication caused it. We gather evidence of the other driver’s BAC level from police records and toxicology reports.

Next, we prepare a demand letter that details your injuries, medical treatment, lost wages, and other damages. We send this to the insurance company with supporting documentation. The insurance company then has time to respond and make an offer. Understanding the car accident timeline helps you know what to expect.

Many cases settle during negotiation. If the insurance company’s offer is fair, we discuss it with you and help you decide whether to accept. If the offer does not adequately compensate you for your injuries, we prepare your case for trial. We gather expert testimony, prepare you to testify, and develop a trial strategy.

The timeline varies depending on the complexity of your case and whether it settles or goes to trial. Simple cases may resolve in months. Complex cases with serious injuries typically take one to two years. Throughout the process, we keep you informed and answer your questions.

Why You Need a Drunk Driving Accident Attorney

Insurance companies employ adjusters trained to minimize payouts. They may contact you shortly after the accident and offer a quick settlement that sounds reasonable but falls far short of your actual damages. Without an attorney, you might accept this offer and later realize you cannot cover your medical bills or lost income.

Proving that a driver was intoxicated requires understanding police procedures, toxicology, and New York law. You need expert witnesses—accident reconstruction specialists, medical doctors, and toxicologists—to establish liability and the extent of your injuries. Insurance companies have teams of lawyers and adjusters. You deserve representation that matches their resources.

An experienced drunk driving accident attorney negotiates from a position of strength. Insurance companies know that we prepare every case for trial and will not accept lowball offers. This leverage often results in higher settlements. If your case does proceed to trial, we present evidence persuasively to a jury and fight for the compensation you deserve.

Frequently Asked Questions

What is the legal BAC limit in New York?

In New York, a driver with a BAC of .08% or higher is considered legally intoxicated. For drivers under 21, the limit is a zero-tolerance law—they cannot operate a vehicle with a BAC of 0.02% or higher. Commercial drivers face a .04% limit. If a driver’s BAC exceeds these thresholds, they have violated the law and acted negligently. For more information, consult our DUI injury lawyer page.

Can I still recover if I was partially at fault for the accident?

Yes. New York follows a Pure Comparative Negligence rule (CPLR § 1411). Unlike other states that bar recovery if you are mostly to blame, in New York, you can recover compensation even if you were more than 50% at fault. Your award is simply reduced by your percentage of responsibility. Never assume you have no case just because you contributed to the accident. For example, if you were 20% at fault and the drunk driver was 80% at fault, you can recover 80% of your damages. We evaluate your case carefully to determine your degree of fault and the compensation you can pursue.

How much is my drunk driving accident case worth?

Case value depends on injury severity, medical expenses, lost wages, and long-term impact. A minor injury case might be worth tens of thousands of dollars. A catastrophic injury case could be worth millions. We evaluate each case individually during a free consultation, considering all factors that affect your damages.

What if the drunk driver doesn’t have insurance?

You may recover through your own uninsured motorist coverage, which is part of your auto insurance policy. You can also pursue other liable parties, such as an employer if the driver was working, or a bar that served the intoxicated driver. We explore all available options to ensure you receive full compensation.

How long do I have to file a lawsuit?

New York’s statute of limitations is three years from the accident date for personal injury claims. This deadline is firm. If you do not file within three years, you lose your right to recover. Contact Parker Waichman LLP promptly to protect your rights and ensure we have time to investigate and prepare your case.

Will my case go to trial?

Most cases settle before trial, but we prepare every case as if it will go to court. We negotiate aggressively with insurance companies while remaining ready for trial if needed. If the insurance company refuses to offer fair compensation, we take your case to a jury and fight for the full value of your claim.

What are your fees?

We work on a contingency fee basis—no fees unless we recover compensation for you. You pay nothing upfront. If we settle your case or win at trial, we receive a percentage of your recovery as our fee. This arrangement aligns our interests with yours: we succeed only when you succeed.

Contact Parker Waichman LLP for a Free Consultation

Do not delay if a drunk driver injured you. Every day that passes makes evidence harder to preserve and witnesses harder to locate. Parker Waichman LLP offers a free consultation to evaluate your case and explain your legal options. Call 800-968-7529 today to speak with an experienced attorney. We represent clients on a contingency fee basis, so you have nothing to lose. Let us help you recover the compensation you deserve. Schedule a consultation with our team today.

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