Drunk driving causes hundreds of catastrophic car accidents in New York annually. If you get injured by an intoxicated driver in New York, you may be eligible for financial compensation from the driver or a third party. Hiring an experienced Forest Hills car accident attorney to represent you can help you get the most out of your claim.
New York’s Drunk Driving Laws
Drunk driving is more than just irresponsible; it’s against the law in all 50 states. In New York, the legal blood alcohol concentration (BAC) level for drivers is 0.08 percent, reduced to 0.04 percent for commercial drivers.
If a driver registers an illegal BAC during a blood, breath or urine test, he or she is automatically guilty of driving while intoxicated (DWI) under the DWI per se law. DWI charges can also be brought for a lower BAC if the driver is impaired to the slightest degree.
Why Are Drunk Driving Accidents So Severe?
Driving while intoxicated means that a driver may not be aware of what he or she is doing. Drunk drivers are more likely to miss or ignore traffic signs, run red lights, drive too fast or too slow, get on a road driving the wrong way, and make other dangerous mistakes.
Drunk drivers are also more likely to engage in reckless driving behaviors, such as excessive speeding, weaving in and out of multiple lanes, and tailgating. These errors in judgment can all increase the severity of collisions and cause more severe injuries.
How to Seek Compensation for a Drunk Driving Accident in New York
In New York, drivers generally file claims with their own insurance companies for coverage after auto accidents, as it is a no-fault car insurance state. If the injuries involved in a wreck are severe, however, this gives victims the right to seek compensation from the at-fault party.
Bringing an auto insurance claim against a drunk driver for causing a serious injury or the death of a loved one requires evidence, such as:
- A police report
- Breathalyzer or chemical test results
- Field sobriety test results
- Police bodycam footage
- Photos at the crash scene
- Eyewitness testimony
- A DWI conviction
- Expert testimony
It may also be possible to file a claim against a dram shop for a drunk driving crash in New York. If an alcohol vendor, such as a bar or liquor store, illegally served the driver alcohol, it can be held responsible for a related DWI accident. Illegally serving an individual refers to serving an already visibly intoxicated person or someone under 21 years of age.
Why You Should Contact a Lawyer After a Drunk Driving Accident in New York
Contacting a Forest Hills personal injury lawyer after a drunk driving accident in New York can be essential. A lawyer is dedicated to protecting your legal rights during insurance settlement negotiations or a personal injury lawsuit against a drunk driver (or a dram shop).
A lawyer can preserve key evidence to prove your case, such as toxicology readings and police reports, while you heal from your injuries. Your attorney can navigate New York’s unique insurance laws and – if necessary – bring your claim to court for maximum compensation.
To discuss a particular drunk driving accident case with a qualified attorney at no cost or pressure, contact Abaev Law Firm, PLLC for a free consultation in New York. If you cannot travel to us due to your injuries, we’ll come to you.