Alcohol is a significant factor in many serious and fatal accidents in New York. If you get hit by a drunk driver in your car, on your bicycle or on foot in New York State, you have legal rights within both the civil and criminal justice systems. Protect them fully with help from an experienced car accident attorney.
File a First-Party Insurance Claim
First, you have the right to file a claim for insurance coverage with your own automobile insurance policy under New York’s no-fault law. Your personal injury protection (PIP) coverage can pay up to $50,000 for your medical bills and lost wages, regardless of who was at fault for the crash. You do not have to prove that the other driver was under the influence of alcohol to qualify for PIP coverage, but you do need to file an application with your insurer within 30 days.
Bring a Lawsuit Against the Drunk Driver
Many drunk driving accidents result in severe injuries due to factors such as speeding, reckless driving, wrong-way driving, and the involvement of cyclists or pedestrians. When there are serious injuries, victims have the right to file lawsuits outside of New York’s no-fault insurance system.
If your injuries reach New York’s serious injury tort threshold, you can file a claim or lawsuit against the intoxicated driver to seek coverage from their auto insurance policy. You may also be able to file a lawsuit against the parent of a teen drunk driver or the employer of an on-duty driver, depending on the circumstances.
Consider a Dram Shop Claim
If you get hit by a drunk driver, New York’s dram shop law may entitle you to damages from the alcohol vendor who provided drinks to the intoxicated driver leading up to the accident.
State law gives you the right to take legal action against a bar, liquor store or another alcohol vendor if it:
- Furnished alcohol to a visibly intoxicated person, or
- Furnished alcohol to a minor (someone under the age of 21)
If the intoxicated individual proceeds to cause a drunk driving crash, the commercial establishment can be held legally responsible for unlawfully serving the person as a patron.
Seek Punitive Damages
In addition to standard compensatory damages, a drunk driving accident in New York may also entitle you to punitive or exemplary damages. This is a type of financial compensation awarded to punish a defendant for egregious acts of wrongdoing or misconduct, and to deter future reckless behavior within the community.
Damages are available in New York in cases where the plaintiff can prove with clear and convincing evidence that the defendant acted with malice, intentional wrongdoing, willful and wanton negligence, or a high degree of moral turpitude. Serious DUI accidents often meet these parameters.
Participate in a Criminal Case
In addition to holding a drunk driver accountable for your losses by filing a claim or lawsuit, you also have the right to cooperate with the police on any criminal charges brought against the drunk driver. You can choose to help the police as much as possible in a driving while intoxicated (DWI) case against the driver. A conviction could lead to penalties for the driver as well as provide evidence to support your car insurance claim.
If you were recently hit by a drunk driver in New York, contact Abaev Law Firm, PLLC for a free consultation with an injury attorney about your rights and recovery options.