How drunken driving can affect a case
Drunk drivers typically influence how courts view a car accident. If the police charge the other driver with a DUI, this could help your case. However, other factors besides the fact a drunk driver hit you also determine the outcome of a car accident case. The drunk driver must also be at fault for causing the accident. For example, if the accident occurred because you ran a red light, then the fact the other driver was drunk doesn’t mean the court will find that driver at fault. They will likely find you at-fault. On the other hand, if the drunk driver ran a red light and collided into your car, proving that driver caused the accident is key to winning the case. In addition, the driver’s DUI may even result in the court awarding you punitive damages.
How prevalent are drunk driving accidents?
According to the CDC (Centers for Disease Control and Prevention), 32 percent of the fatal traffic accidents in the US that occurred in 2022 also involved drunk driving.
No fault insurance in New York
No fault insurance covers damages in New York car accidents, typically up to $50,000. If damages exceed that amount, you can sue the at fault driver for additional damages. A drunk driver’s insurance company will pay for your damages if their driver was at fault. However, they won’t cover the drunk driver’s damages.
What damages can you recover when the drunk driver caused the car accident?
In New York you have three years from the date of the accident to file a civil suit against the at-fault driver. An experienced personal injury lawyer is vital for presenting evidence in the case and meeting legal deadlines. The court will often award punitive damages when the intoxicated driver was reckless and exhibited extreme negligence. In addition, if a restaurant or bar served alcohol to the driver they knew was inebriated, your attorney can sue them under New York dram shop law.
Damages often sought include:
- Current and future medical expenses
- Present and future lost wages
- Lost earning capacity
- Rehabilitation costs
- Property damages
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
Why is getting legal help necessary?
Whenever insurance companies deny a claim, attempt to settle for an unfair amount, or try to shift the blame, it is wise to hire attorney. Most people do not understand the extent of their rights. Legal representation becomes crucial when injuries are serious, when death occurs or when costs will exceed what no fault insurance covers. Keep in mind that an experienced car accident attorney can estimate the value of your case, whereas you might not have the skills to do so.
You should consult with a lawyer about your accident right away so you can protect your rights. To arrange a free consultation, contact the Law Office of John Fazzini. Call us at (631) 547-8989 or reach out to us through our contact form.