New York Drunk Driving Accidents Lawyer

Despites of decades of public education about the dangers of drunk driving, drunk driving remains a significant problem in New York and across the United States. Thousands of people are killed each year in the United States in alcohol-related car accidents. Someone is injured in an alcohol-related accident every 90 seconds. Because drivers who are drunk often drive recklessly, when they are involved in collisions such collisions are more likely to be head-on or side collisions at high speeds. The result is often catastrophic. A victim of such an injury is likely to suffer a serious injury such as a traumatic brain injury, amputation, broken or crushed bones, or a spinal cord injury. These types of injuries involve long recovery times with expensive treatments and rehabilitation. However, under New York law victims of car accidents are allowed to seek compensation from the person whose negligence resulted in the car accident. If you are in need of a New York Injury Lawyer because you or a family member was injured in a car accident it is important to contact an experienced New York Drunk Driving Accidents Lawyer who will help ensure that the person responsible for your losses is held accountable in a personal injury or wrongful death claim.

New York driving while intoxicated law

In New York, driving while intoxicated is defined as operating a vehicle with a blood alcohol concentration (BAC) of.08% or higher. The limit is lower for drivers under the age of 21 and drivers of commercial vehicles. However, it is important to understand that a person’s ability to safely operate a vehicle is compromised after drinking even a small amount of alcohol. The more alcohol consumed, the more dangerous the driver is to other drivers on the road.

For example, after consuming a relatively low amount of alcohol (BAC .02%), people experience a loss of some judgment, are more relaxed and feel warmer. People with a BAC of .05% experience a loss in small muscle control, have impaired judgment, experience lowered alertness, experience an oddly good feeling, and are less inhibited. As a person’s blood alcohol level increases, the effects of the alcohol become more pronounced and the driver’s ability to safely operate a vehicle continues to decline. By the time a person’s BAC reaches .08% he or she lacks speed control, has poor concentration, has impaired perception, and has a reduced capacity to process information.

Pursuing a claim

Victims of drunk driving accidents often suffer serious, life-altering injuries. These injuries typically require expensive treatment and long recovery times. As a result, the victim and his or her family suffer financially.

If you were injured in an accident caused by a drunk driver, through a personal injury lawsuit there are number of different types of damages that you may be able to recover:

  • Medical expenses. The person responsible for the accident that caused your injuries may be required to pay for your medical expenses. This would include medical bills you accumulated prior to filing your claim as well as future medical expenses related to the treatment of your injury.
  • Lost wages. Even a relatively minor accident may cause you to miss time at work. The person responsible may be required to pay the wages you lost. If you end up using earned sick days or vacation days, you may be entitled to receive compensation for those days. Furthermore, if as a result of your injury your earning potential declined, you may be able to recover damages for loss of future earning capacity.
  • Pain and suffering. Another potential source of damages that you may be entitled to receive is pain and suffering. In the context of a personal injury claim, pain and suffering refers to physical pain as well as emotional distress.
  • Property damage. The person whose negligence caused the accident may also be responsible for damage to your vehicle or other property.

Furthermore, under New York’s Dram Shop rules, you may also be able to bring a claim against the bar, restaurant, or other third party that provided the alcohol to the drunk driver. 

Beware that New York law has a specific time limit for filing a claim in a personal injury case. If you do not file your claim within the time period, you will be forever barred from collecting damages even if your case has merit.

New York Drunk Driving Accidents Lawyer

If you or someone you love was injured in a drunk driving accident, it is important that you contact someone with experience. The staff at Stephen Bilkis and Associates has extensive experience representing clients injured in DWI/DUI car accidents, as well as other types of vehicle accidents. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your car accident.

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