Get medical care, make sure police respond, and understand that the drunk driver's criminal DWI case under Vehicle and Traffic Law Section 1192 is separate from your civil injury claim. These are some things to take into account after a Syracuse accident caused by a drunk driver. The criminal case can punish the driver but will not compensate you for pain and suffering, while your civil claim can recover your losses, may support punitive damages, and in some cases reaches the bar or restaurant that served the driver under a “dram shop” theory of recovery. Here is what each of those pieces might mean for someone hurt by an intoxicated driver in Syracuse.
At William Mattar, P.C. our team has focused on motor vehicle accidents for more than 30 years, with attorneys and offices and intake locations across the State.
Key facts about drunk driving injury claims in Syracuse
- Vehicle and Traffic Law Section 1192 makes it a crime to drive with a blood alcohol concentration of .08 or higher, and .18 or higher is charged as aggravated driving while intoxicated.
- The criminal DWI case is prosecuted by the District Attorney and punishes the driver, while compensation for your injuries comes only through your own civil claim.
- New York courts may award punitive damages in civil cases where a drunk driver's conduct showed utter disregard for the safety of others, in addition to compensatory damages.
- Under the Dram Shop Act, General Obligations Law Section 11-101, a person injured by an intoxicated driver can sue a business that unlawfully sold the driver alcohol, and the statute allows both actual and exemplary damages.
- No fault benefits under Insurance Law Section 5102 still apply, and most injury lawsuits must be filed within three years under CPLR 214.
Punitive damages are available against drunk drivers
Most car accident claims recover compensatory damages, which are measured by the victim's losses. Cases against drunk drivers can be different. New York courts may also award punitive damages when the driver's conduct showed utter disregard for the safety of others, and courts have pointed to excessive intoxication and repeat offenses as circumstances that support such an award. Punitive damages exist to punish the wrongdoer and deter similar conduct, so they are measured by the driver's behavior rather than by your losses. Evidence such as a very high blood alcohol reading, a prior DWI record, or driving the wrong way on a highway can move a case into punitive territory. The firm has written more about punitive damages after being injured by a drunk driver, and whether they are worth pursuing is a case specific judgment that depends on the driver's conduct and ability to pay.
A bar or restaurant may share liability under the Dram Shop Act
New York's Dram Shop Act, General Obligations Law Section 11-101, gives a person injured by an intoxicated person a right of action against anyone who caused or contributed to that intoxication through an unlawful sale of alcohol, which includes serving a visibly intoxicated customer. The statute expressly allows recovery of both actual and exemplary damages. In practice this means that if the driver who hit you spent the evening being overserved at a bar in Armory Square or anywhere else in Onondaga County, the business may be a defendant alongside the driver. Dram shop claims matter most when the driver carries minimal insurance, because a commercial defendant often has coverage the driver lacks. These claims depend on fast moving evidence, including receipts, surveillance video, and the memories of other patrons and staff, which is one more reason not to delay the civil investigation while the criminal case plays out.
No fault benefits still apply after a drunk driving crash
Being hit by a drunk driver does not take you out of New York's no fault system. The insurer of the vehicle you occupied, or that struck you if you were on foot or on a bicycle, pays your medical bills and a share of lost earnings up to the $50,000 basic economic loss defined in Insurance Law Section 5102, regardless of fault. You must submit the NF-2 application, generally within 30 days of the crash, even though the other driver was obviously to blame. Pain and suffering compensation is separate and generally requires a serious injury as defined in Section 5102. Punitive damages and dram shop recoveries sit outside the no fault system entirely.
Deadlines for a drunk driving injury claim in Syracuse
Most civil injury lawsuits arising from a Syracuse crash must be filed within three years of the collision under CPLR 214, and a lawsuit is usually filed in the Supreme Court in Onondaga County. Shorter periods apply to some claims, including claims involving government vehicles or municipal defendants, which can require a notice of claim within 90 days. The safest course after a serious drunk driving crash is to file the no fault paperwork within 30 days, preserve evidence immediately, and get legal advice early.
Frequently asked questions
Can I sue a drunk driver who hit me in Syracuse?
Yes. A civil injury claim against the driver is separate from the criminal DWI prosecution and can recover medical costs, lost earnings, and pain and suffering. Where the driver's conduct showed utter disregard for the safety of others, New York courts may also award punitive damages. Most such lawsuits must be filed within three years and are usually brought in the Supreme Court in Onondaga County.
Can I get punitive damages if a drunk driver hit me in New York?
Possibly. Punitive damages are not automatic in drunk driving cases, but courts have upheld them where the driver was excessively intoxicated or was a repeat offender, because that conduct shows utter disregard for the safety of others. They are awarded on top of compensatory damages and are meant to punish and deter.
Can I sue the bar that served the drunk driver in Syracuse?
New York's Dram Shop Act allows an injured person to sue a business that unlawfully sold alcohol to the intoxicated driver, including service to a visibly intoxicated customer. The statute permits actual and exemplary damages. These cases turn on receipts, video, and witness accounts, so the investigation should start quickly.
Were you hit by a drunk driver in Syracuse or anywhere in Onondaga County? The attorneys at William Mattar, P.C. are available 24/7. Call (844) 444-4444. Offices and intake locations across New York State.
About William Mattar, P.C.
William Mattar, P.C. is a New York law firm that handles motor vehicle accident cases and has represented injured people for over 30 years. The firm’s principal office is in Williamsville, with offices and intake locations throughout New York State, with free case reviews available 24/7 at (844) 444-4444.
Related reading from William Mattar
- What Happens in a Car Accident Lawsuit
- The Three-Year Clock. A Guide to New York’s Car Accident Statute of Limitations
- Punitive Damages After Being Injured By a Drunk Driver
Each of the above is part of William Mattar’s New York State accident resource library.
Sources
- New York Vehicle and Traffic Law Section 1192, operating a motor vehicle while under the influence of alcohol or drugs, nysenate.gov
- New York General Obligations Law Section 11-101, compensation for injury caused by the illegal sale of intoxicating liquor, nysenate.gov
- New York Insurance Law Section 5102, definitions of basic economic loss and serious injury, nysenate.gov
- New York CPLR 214, actions to be commenced within three years, nysenate.gov
- William Mattar, P.C., Punitive Damages After Being Injured By a Drunk Driver, and Syracuse personal injury and car accident pages, williammattar.com, reviewed July 2026
Attorney Advertising. This article provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated July 2026.