Auto accidents can have severe life-long consequences. As such, if you are injured in an accident, it can be devastating to learn that the driver responsible for the collision that has severely impacted your life was under the influence at the time If you or a loved one were injured in a drunk driving accident, do not wait to reach out to our skilled Westchester County auto accident attorneys today. Our firm is here for you each step of the way.
Can A Drunk Driver Be Held Liable For My Injuries?
The state of New York permits injured parties to hold the drunk driver liable for their injuries. However, you and your attorney will have to show that you were injured as a result of the drunk driver’s negligence.
Key Elements You Must Prove
It’s important to understand that, in New York, driving under the influence constitutes negligence per se, but not in a manner that makes intoxication automatically equal liability. As such, their DWI will constitute a breach of duty, but you must still prove causation.
The four elements you must prove when filing a lawsuit against a drunk, negligent driver include:
- Breach of duty of care (driving under the influence, as per Vehicle & Traffic (VAT)§1192 )
- Negligent actions (speeding, swerving, reckless driving)
- The negligence directly caused your injuries
- You suffered damages (medical bills, pain, and suffering)
Common Evidence Used to Prove Fault
Understanding what evidence you can gather to help your Westchester County personal injury case is critical. The following are some of the most common pieces of evidence you should obtain:
- Police reports from the accident
- Breathalyzer or toxicology reports
- Medical records
- Witness statements
- Photos and videos of the damage
How Can A Drunk Driving Accident Be Affected By New York’s Dram Shop Laws?
The state of New York has dram shop laws for the purpose of holding establishments that serve alcohol liable for excessive or illegal alcohol service in the event the patron causes an accident.
What the Dram Shop Law Says
Under New York’s General Obligations (GOB) §11-100 and § 11-101, an establishment, like a bar or restaurant, can face liability for providing alcohol to:
- Those who are either minors under the age of 21
- Those who are visibly intoxicated
- Those who are known to be addicted to alcohol
If a company violates the dram shop law and an individual is injured as a result, the establishment can be held at least partially responsible for the victim’s injuries. This is critical, as it allows the victim of a drunk driver to seek an additional means of compensation, which is beneficial in the event the drunk driver is underinsured.
How to File a Claim Against a Drunk Driver in New York
If you have suffered injuries as a result of an intoxicated driver, understanding how to file a claim is critical. Though the aftermath of a collision can be overwhelming, it’s important to know that, from the moment of impact, every step you take is critical to protect your right to compensation.
Step 1: Seek Medical Treatment
One of the most critical things you can do following a collision with any driver is to seek immediate medical care. This is true even if you feel okay in the moments after the collision. Obtaining care helps ensure that your health and well-being are prioritized, especially as many injuries sustained in car accidents may not appear for hours or days following the crash. Similarly, obtaining immediate care helps establish clear documentation that will serve as the foundation of your claim.
Step 2: Report the Accident to Law Enforcement
Ensuring that you call emergency services to have the police respond to the accident scene is also critical. Not only does this establish formal evidence of the accident, but the police can help establish intoxication at the scene, which is critical for your claim.
Step 3: Gather Evidence
If you are physically able to do so, you should collect evidence at the accident scene. This includes taking photos and videos of the damage to both vehicles, taking photos of any visible injuries, and obtaining contact information of witnesses.
Step 4: Contact an Attorney
After leaving the accident scene, the most important thing you can do is connect with an experienced Westchester County personal injury attorney. They can not only guide you through the legal process of filing a claim, but they can also help you obtain important evidence like bar records, toxicology reports, and surveillance footage.
Step 5: File a Personal Injury Claim or Lawsuit
Your attorney can help you take the necessary steps to file a lawsuit against the negligent driver to recover the compensation you deserve for the damages you have suffered due to their negligent actions.
What Damages Are Recoverable After a NY Drunk Driving Accident?
Understanding the compensation you are eligible to receive is critical, as this can help you get a better idea of your financial situation. As such, you may be able to recover compensation for the following:
- Medical bills
- Future medical care
- Lost wages
- Lost earning capacity
- Property damage
- Pain and suffering
- Loss of enjoyment of life
What Is The Statute Of Limitations In New York?
If you would like to pursue legal action after you were injured in a car accident due to a drunk driver, you will need to do so immediately. The state of New York has a statute of limitations of three years for most personal injury claims. However, if your claim involves wrongful death, the statute is limited to two years, while claims filed against a municipality typically require a notice of claim within 90 days.
As such, you will have three years from the date of your accident to file a personal injury claim against a drunk driver. You will want to begin your claim as soon as possible, as this can help preserve evidence.
CONTACT OUR EXPERIENCED WESTCHESTER COUNTY FIRM
Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. We understand how challenging life can be without financial compensation for the serious injuries you have wrongly sustained. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.