Drunk Driver Accident Lawyer in Queens, NY

When a drunk driver causes an accident, the consequences can be devastating. Victims often face serious injuries, mounting medical bills, lost income, and emotional trauma. If you’ve been injured by an intoxicated driver in Queens, you have the right to pursue compensation from the person responsible. A drunk driver accident lawyer can help you navigate the legal process and recover the damages you deserve. Parker Waichman LLP has spent over 40 years helping accident victims in Queens and throughout New York recover fair compensation for their injuries.

Why Choose Parker Waichman LLP for Your Drunk Driving Accident Case

When you’re injured by a drunk driver, you need an attorney who understands both the legal complexities of impaired driving cases and the medical realities of catastrophic injuries. Parker Waichman LLP brings decades of experience to every case we handle.

Our firm was founded on the principle that injured people deserve aggressive representation. With more than 40 years of experience, our founding partner has earned recognition from Best Lawyers in America for personal injury litigation and holds the highest Martindale-Hubbell AV Preeminent rating—a distinction that reflects both legal ability and ethical standards. Our team includes 20+ attorneys who specialize in personal injury and mass tort litigation, and we’ve recovered over $2 billion for our clients across all practice areas.

We handle drunk driving accident cases on a contingency fee basis, which means you pay nothing unless we win your case. Our local presence in Queens, combined with our resources and expertise, allows us to provide personalized attention while leveraging the full strength of our firm. We’ve successfully represented clients in cases involving catastrophic injuries, including brain damage, spinal cord injuries, and wrongful death—the types of severe harm that often result from drunk driving collisions.

How Drunk Driving Accidents Happen in Queens

Drunk driving remains one of the most dangerous behaviors on the road. When someone drives under the influence of alcohol or drugs, their judgment, reaction time, and motor control all become impaired. This impairment makes it nearly impossible to respond to hazards, maintain proper speed, or stay in their lane.

The statistics are sobering. One in three fatal car crashes in New York involves alcohol. Nationally, approximately 13,000 people die annually in alcohol-related traffic accidents. In Queens, with its dense traffic, busy highways, and vibrant nightlife, drunk driving accidents occur regularly—often with catastrophic results.

Drunk drivers cause accidents in various ways. They may drift between lanes, fail to stop at red lights, drive at excessive speeds, or collide head-on with oncoming traffic. Because impaired drivers often don’t brake or take evasive action, the resulting collisions tend to be more severe than accidents caused by other factors. New York’s no-fault insurance system provides some protection for accident victims, but understanding how to navigate this system is crucial to getting the compensation you need.

Injuries and Damages from Drunk Driving Accidents

Drunk driving accidents frequently result in serious, life-altering injuries. The force of a collision involving an impaired driver—who may be traveling at high speed and unable to brake—can cause severe trauma.

Common injuries from drunk driving accidents include traumatic brain injury, spinal cord injury, multiple fractures, internal organ damage, and wrongful death. These injuries often require extensive medical treatment, rehabilitation, and long-term care. Some victims never fully recover and face permanent disability.

When you’re injured by a drunk driver, you can recover two types of damages. Economic damages cover your actual financial losses: medical expenses, surgical costs, rehabilitation, lost wages, and future earning capacity. Non-economic damages compensate you for pain and suffering, emotional distress, loss of enjoyment of life, and diminished quality of life.

In drunk driving cases, you may also be entitled to punitive damages. These damages go beyond compensating you for your losses—they’re designed to punish the drunk driver for their reckless behavior and deter others from driving impaired. New York law allows punitive damages when the defendant’s conduct is particularly egregious, and drunk driving certainly qualifies.

Proving Liability in a Queens Drunk Driving Accident

To recover compensation for your injuries, you must prove that the drunk driver was negligent. Negligence requires showing four elements: the driver had a duty of care, they breached that duty, their breach caused your injuries, and you suffered damages.

In a drunk driving case, proving negligence is often straightforward. Every driver has a duty to operate their vehicle safely and obey traffic laws. A drunk driver breaches this duty by driving while impaired. The challenge lies in gathering evidence that proves impairment and establishes the connection between the driver’s impairment and your injuries.

Police reports are critical evidence. If law enforcement responded to your accident, the report may include observations of the driver’s condition, results of field sobriety tests, and blood alcohol content (BAC) testing. According to NY Vehicle and Traffic Law § 1192, a BAC above 0.08% is legally presumed to be impaired in New York. Witness statements also carry significant weight—other drivers, passengers, or bystanders may have observed the drunk driver’s erratic behavior before the collision.

Parker Waichman LLP conducts thorough investigations into drunk driving accidents. We obtain police reports, interview witnesses, review traffic camera footage, and consult with accident reconstruction experts. We also examine the drunk driver’s background to determine if they have prior DUI convictions, which can support a claim for punitive damages.

New York follows a pure comparative negligence rule, which means you can recover damages even if you bear significant responsibility for the accident. Your award will be reduced by your percentage of fault, with no threshold bar to recovery. This means you can recover even if you are more than 50% at fault—your recovery will simply be reduced proportionally. We work to minimize any suggestion of your fault and maximize the drunk driver’s liability.

Navigating New York’s No-Fault Insurance System

New York’s no-fault insurance system is unique and can be confusing. If you have auto insurance, your own policy pays your medical bills (PIP). However, if you were a pedestrian who does not own a car, the drunk driver’s insurance is responsible for paying your initial medical benefits. We handle these complex ‘priority of payment’ filings for you. This is true even if the other driver was drunk.

PIP coverage typically provides up to $50,000 in benefits for medical treatment and lost income. These benefits are available quickly, without waiting for a lawsuit to conclude. However, no-fault insurance has limitations. It doesn’t cover pain and suffering, and it doesn’t cover all medical expenses—only those deemed “reasonable and necessary.”

To sue the drunk driver directly for pain and suffering and other non-economic damages, you must meet New York’s “serious injury threshold.” This means your injuries must be significant—typically involving permanent disfigurement, fracture, or substantial limitation of bodily function. Most drunk driving accidents that result in serious injuries meet this threshold.

If the drunk driver doesn’t have sufficient insurance to cover your damages, you may be able to recover from your own underinsured motorist coverage. Insurance companies often try to minimize settlements or deny claims, but we know how to counter their tactics and ensure you receive the full benefits you’re entitled to.

The Legal Process for Drunk Driving Accident Claims

Understanding what to expect can help reduce stress during an already difficult time. When you hire Parker Waichman LLP, here’s how we handle your case.

We begin with a free consultation where we listen to your story, review your medical records, and assess the strength of your claim. We explain your legal options and answer your questions. If we take your case, we immediately begin investigating. We obtain police reports, medical records, insurance information, and witness statements. We may hire accident reconstruction experts or medical experts to support your claim.

Next, we enter the settlement negotiation phase. We prepare a detailed demand letter outlining your injuries, damages, and the legal basis for liability. We present this to the insurance company and negotiate on your behalf. Many cases settle during this phase without going to trial.

If the insurance company refuses to offer fair compensation, we prepare for trial. This involves additional discovery, expert depositions, and trial preparation. We develop a compelling narrative of your case and prepare you to testify if necessary. Throughout this process, we keep you informed and involved in all major decisions.

The timeline varies depending on the complexity of your case and whether it settles or goes to trial. Simple cases may resolve in months, while complex cases involving multiple parties or serious injuries may take a year or longer. We work efficiently to resolve your case while never sacrificing quality for speed.

FAQs About Drunk Driving Accidents in Queens

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

In New York, the standard deadline for personal injury lawsuits is three years. However, if the accident resulted in a fatality, the family generally has only two years to file a wrongful death claim (EPTL § 5-4.1). Missing this shorter deadline can permanently bar the family from seeking justice.. However, don’t wait. Evidence can disappear, witnesses’ memories fade, and insurance companies are more likely to settle quickly after an accident. We recommend contacting an attorney as soon as possible after your accident.

Can I sue a bar or restaurant that served the drunk driver?

Yes, potentially. New York’s Dram Shop Act allows you to sue a bar or restaurant if they served a patron who was ‘visibly intoxicated’ (slurred speech, stumbling, etc.) or under 21. We secure security footage and bar tabs to prove the establishment prioritized profit over safety.. We investigate these claims thoroughly, as they can result in significant additional compensation.

What if the drunk driver doesn’t have insurance?

If the drunk driver is uninsured, you can still recover through your own uninsured motorist coverage, which is part of your auto insurance policy. This coverage is designed specifically for situations where the at-fault driver has no insurance. We help you navigate this process and ensure the insurance company pays what you’re owed.

How much is my drunk driving accident case worth?

The value of your case depends on several factors: the severity of your injuries, the extent of your medical treatment, your lost income, the clarity of liability, and the insurance coverage available. Cases involving permanent injury, significant medical expenses, and lost earning capacity are worth more than minor injury cases. We evaluate all these factors and provide you with a realistic assessment of your case’s value. Review our verdicts and settlements to see examples of cases we’ve handled.

Do I need to go to trial for my drunk driving accident claim?

Most cases settle without trial. Insurance companies often prefer to settle rather than risk a jury verdict, especially in drunk driving cases where liability is clear. However, if the insurance company refuses to offer fair compensation, we’re prepared to take your case to trial. We have extensive trial experience and aren’t afraid to fight for you in court.

What should I do immediately after a drunk driving accident?

First, ensure your safety and call 911 if anyone is injured. Get medical attention, even if you feel fine—some injuries appear later. Call the police and get a report number. Take photos of the accident scene, vehicle damage, and your injuries. Get contact information from witnesses. Don’t admit fault or discuss the accident with the other driver. Contact Parker Waichman LLP as soon as possible so we can begin protecting your rights.

Can I recover punitive damages in a Queens drunk driving case?

Yes. Punitive damages are available in drunk driving cases because driving while impaired is reckless conduct that endangers others. These damages are designed to punish the drunk driver and deter similar behavior. To recover punitive damages, you must prove the driver’s conduct was willful, wanton, or reckless—a standard that drunk driving clearly meets. Punitive damages can significantly increase your total recovery.

Contact Parker Waichman LLP for Your Free Consultation

If you’ve been injured by a drunk driver in Queens, don’t face this alone. Parker Waichman LLP is ready to help you recover the compensation you deserve. We offer free consultations with no obligation, and we work on a contingency fee basis—you pay nothing unless we win your case.

Call 800-968-7529 today to speak with an experienced drunk driver accident lawyer. We serve clients throughout Queens and the surrounding areas, and we have multiple office locations for your convenience. The sooner you contact us, the sooner we can begin investigating your case and fighting for your rights. Your recovery matters to us.

Related Posts

• Car Accident Lawyer: What You Need to Know
• Catastrophic Injury Claims: Understanding Your Rights
• New York Personal Injury Lawsuits: A Complete Guide
• Wrongful Death Claims in New York