Long Island Drunk Driving Accidents
Has a drunk driver caused you serious injuries?
Driving while drunk or under the influence of drugs is negligent and reckless behavior—and a driver who drinks and drives puts you and every other driver on the road at risk. Although the criminal court can punish the drunk driver who caused your accident, it does not compensate you for your injuries or losses. At The Law Office of John Fazzini, P.C., we have extensive experience in pursuing legal claims for victims of drunk drivers.
Drunk Driving Accidents FAQs
If you are injured in a car accident by a drunk driver, can you recover compensation?
Every driver in the State of New York must carry no-fault insurance, which covers up to $50,000 in damages. In addition, under New York insurance law, an accident victim who sustains more than $50,000 in losses or serious injury can sue for damages. Your serious injury must meet the serious injury threshold set by insurance law, which include the following:
- Significant disfigurement
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of a body organ or member
- Significant limitation of use of a body function or system
- Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.
What compensation is available for Long Island drunk driving accident victims?
New York personal injury law allows drunk driving accident victims who meet a certain injury threshold to recover compensation for the injuries and damages the drunk driver caused. Long Island drunk driving accident attorneys can help you obtain fair and just compensation for your:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
What is the difference between criminal and civil liability for a drunk driving accident?
A DWI (driving while impaired) is a criminal drunk driving charge. The defendant faces license suspension, fines and possible jail time. However, the criminal court does not award damages to the victim the drunk driver injured. Injury victims must pursue a civil case in a different court of law and sue for damages.
Do you have to wait until the criminal lawsuit concludes before filing a civil lawsuit?
No, you do not have to wait. Often both cases occur at the same time. However, if the court convicts the defendant of DWI, it could provide an advantage for the civil case. Your attorney will devise the best strategy for pursuing your case.
Does a DWI accident injury only apply to alcohol?
No. Intoxication can also occur as a result of illegal drug use or prescription medication. When the individual drives under the influence of a substance that impairs driving ability, grounds exist for DWI. If the impaired driver caused the accident and you suffered serious injury, you would have grounds for a personal injury lawsuit.
Can you hold anyone else liable in a drunk driving accident?
In New York, victims of drunk driving accidents may be entitled to compensation from parties who knowingly served alcohol to visibly intoxicated individuals. Therefore, if the drunk driver who injured you was drinking at a bar or restaurant, there may be further damages to recover beyond the drunk driver’s insurance policy.
Should you hire an attorney if you are involved in a serious drunk driving accident?
You should seek legal help if you suffer serious injury, if your vehicle has significant damage or if have lost a loved one in a car accident. Based on New York Insurance law, if the other driver was at fault and your damages meet the serious injury threshold, you can sue for compensation. An experienced car accident lawyer can guide you through the legal process and protect your rights. To arrange a free consultation, contact Fazzinilaw.com. Call us at 631-547-8989.
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