Drunk Driving Car Accidents in New York

Drunk Driving Car Accidents in New York

Few experiences are as devastating and unexpected as being involved in a car accident caused by a drunk driver. Victims of these accidents often face serious injuries, long-term impacts on their health, and emotional trauma. 

The impact goes beyond the physical wounds, as victims may struggle with the financial burden of medical bills, lost income, and the strain of dealing with insurance and legal issues. If you or a loved one was injured in a car accident with a drunk driver in New York, contacting a drunk driving accident lawyer can be crucial in helping you recover compensation and seek justice. 

Drunk driving is a serious offense in New York, and those who drive impaired put everyone on the road at risk. At William Mattar Law Offices, we see the tragic consequences of these motor vehicle accidents first-hand. 

Our personal injury attorneys have represented injured people throughout the state, helping them secure justice and compensation for devastating injuries suffered due to the negligence of an impaired driver.

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How Criminal Charges Affect a Civil Claim for Injuries

If the driver who caused your accident faces criminal DUI/DWI charges, this may affect your civil claim. Criminal charges and a civil claim for injuries are separate processes: criminal charges punish the wrongdoer, while a civil claim seeks compensation for the victim. 

A civil claim does not depend on the outcome of criminal proceedings, but a criminal conviction can strengthen your claim by providing evidence of the other driver’s negligence. Even if the drunk driver isn’t convicted, you may still pursue a personal injury claim and use other evidence to support your case.

Why Drunk Driving is So Dangerous

Drunk or impaired drivers pose serious risks to everyone on the road. Alcohol and drugs impair essential driving skills, such as:

• Reduced Reaction Time: Impaired drivers struggle to respond quickly to sudden changes in traffic or obstacles.
• Poor Coordination: Alcohol affects muscle coordination and balance, making it harder to steer, brake, or accelerate properly.
• Impaired Judgment: Drivers under the influence often misjudge distances and their own speed, leading to increased crash risk.
• Blurry Vision: Impairment can make it harder to see other vehicles or pedestrians, especially at night. 

Drunk drivers put everyone at risk, including other drivers, pedestrians, cyclists, and passengers in their own car. Unfortunately, innocent victims often pay the price for someone else’s decision to drive impaired.

What to Do After a Car Accident with a Suspected Drunk Driver

If you suspect the other driver in your accident was drunk, you may wonder what steps to take next. Here are some general guidelines:

• Contact a Lawyer: Speaking with a lawyer as soon as possible can help you understand your legal rights and options. A lawyer can start gathering evidence right away, including police reports, witness statements, and any relevant video footage, which may strengthen your case.
• Document What You Remember: Note any observations about the other driver’s behavior. Signs of intoxication include slurred speech, stumbling, and the smell of alcohol. Document any statements the driver made at the scene that indicate impairment.
• Get Medical Attention: If you haven’t already, seek medical attention to address your injuries. Medical records also serve as evidence if you pursue a personal injury claim.
• Report the Accident: File an accident report with the police if they were not at the scene. Make sure to include any details that could indicate impairment. 

Even if you’ve already left the scene, these steps can protect your rights and help your case.

How to Approach Social Media After a Drunk Driving Accident

After a drunk driving accident, social media can seem like a natural outlet to share updates, seek support, or even vent. However, it’s essential to approach social media cautiously to protect your case. 

Insurance companies and defense attorneys frequently monitor claimants' social media activity, looking for any posts, photos, or comments that could be used to dispute the severity of injuries or suggest alternative narratives. 

Here are some key guidelines to consider:

• Limit Posting: Do not post about the accident, your injuries, or your recovery. Even seemingly harmless updates, like photos of social outings or family events, can be misinterpreted as evidence that your injuries aren’t serious.
• Adjust Privacy Settings: Set your profiles to private and be mindful of friend requests or messages from unknown accounts, as insurance investigators sometimes use fake profiles to gain access.
• Avoid Discussing the Case: Don’t share any details about your legal proceedings or negotiations. Comments about settlement expectations, frustrations, or interactions with your lawyer should be kept entirely offline.

By taking these precautions, you can help prevent the other side from using social media against you in your claim. A lawyer can offer further advice on safeguarding your rights and ensuring your social media presence doesn’t compromise your case.

Proving the Other Driver was Impaired

In a civil case, your lawyer will work to establish that the other driver’s impairment caused the accident and your injuries. Key evidence that can support your case includes:

• Police Report: Police officers often document their observations of a driver’s impairment in their report, which may include results from breathalyzer or field sobriety tests.
• Witness Testimony: Statements from bystanders or passengers can provide additional evidence of the driver’s condition and behavior.
• Toxicology Reports: Blood or urine tests may confirm that the driver was over the legal limit or under the influence of drugs.
• Traffic and Surveillance Footage: Video footage from traffic cameras, security cameras, or nearby businesses may show reckless behavior or signs of impairment.

A lawyer can gather this evidence to build a strong case on your behalf.

The Process for Pursuing a Claim After a Drunk Driving Accident

If you choose to pursue a personal injury claim, your lawyer will guide you through the following steps:

• Initial Consultation: During your first meeting, a lawyer may ask questions about the accident, your injuries, and your recollection of events. This helps them understand the case details and develop a strategy.
• Investigation: If, after the consultation, you decide to hire a lawyer, your attorney will investigate all aspects of the accident to establish fault and the extent of your injuries.
• Filing a Claim: Once enough evidence is gathered, your lawyer can file a personal injury claim on your behalf, outlining the damages you are seeking, which may include medical bills, lost wages, and pain and suffering.
• Settlement Negotiations: In many cases, lawyers negotiate with the at-fault driver’s insurance company to reach a settlement. If the insurer refuses to offer a reasonable settlement, your lawyer may recommend taking the case to court.
• Litigation (If Necessary): If your case proceeds to court, your lawyer will present your evidence and argue for the compensation you deserve.

Compensation Available for a Drunk Driving Accident Claim

Being injured in a drunk driving accident can lead to significant physical, emotional, and financial challenges. When filing a personal injury claim after a drunk driving accident, the compensation available may include:

• Medical Expenses: Compensation can cover both immediate and long-term medical costs, including hospital bills, surgeries, physical therapy, and any specialized care needed due to the injury.
• Lost Wages: If your injuries prevent you from working temporarily or permanently, you can seek compensation for lost income. For severe injuries with lasting effects, this may also include damages for diminished earning capacity.
• Property Damage: If your vehicle or other personal property was damaged in the accident, compensation can cover repair or replacement costs.
• Pain and Suffering: Beyond tangible costs, you may also be entitled to compensation for physical pain, emotional suffering, and the psychological impact of the accident. This is a critical aspect of drunk driving cases, as the trauma of being injured by a reckless, impaired driver can be long-lasting.
• Loss of Enjoyment of Life: Serious injuries may prevent you from engaging in activities you once enjoyed, and compensation can reflect this impact on your quality of life.

Wrongful Death Claims in Drunk Driving Accidents

Tragically, drunk driving accidents sometimes lead to fatalities. In these cases, the surviving family members may file a wrongful death claim against the impaired driver. Wrongful death claims aim to compensate the family for the profound loss of their loved one. Compensation in these cases may include:

• Funeral and Burial Expenses: The cost of final arrangements can be a significant burden, and compensation can help cover these expenses.
• Loss of Financial Support: If the deceased was a provider for the family, compensation may be available to account for lost income, benefits, and financial contributions they would have made over their lifetime.
• Loss of Companionship: The emotional loss suffered by family members, including the loss of companionship, guidance, and support, may be compensable. This includes the impact on children, spouses, and other dependents.
• Emotional Pain and Suffering: Family members may be entitled to damages for the emotional trauma of losing a loved one in such a tragic manner.

How a Lawyer Can Help Secure Compensation for Pain and Suffering

Securing compensation for pain and suffering requires a strong case, as it goes beyond medical bills and financial losses. Pain and suffering refers to the physical and emotional anguish caused by an accident and its aftermath. 

This type of compensation is subjective and can be challenging to quantify, but a skilled attorney can help prove the extent of your suffering by presenting compelling evidence.

Statute of Limitations for Personal Injury Claims in New York

In New York, the statute of limitations for filing a personal injury claim after a car accident is generally three years from the date of the accident. For wrongful death claims, families typically have two years from the date of death. Filing within these deadlines is crucial because if you miss the deadline, you may lose the right to pursue a claim. Every case is unique and some cases may have even shorter filing/service deadlines, particularly where a municipal entity is involved. It is always a good idea to consult an experienced attorney. 

Why Contacting a Lawyer Quickly is Essential

Drunk driving accidents can lead to complex legal and insurance issues, especially when there is evidence of impairment. An attorney experienced in handling drunk driving accident cases can help you navigate the legal process and secure the best possible outcome for your case.

Contact William Mattar Law Offices for Help With a Drunk Driving Accident Case

If you were hurt in a drunk driving accident, contact William Mattar Law Offices today. A lawyer can assess your case, advise on your rights, and advocate for the compensation you deserve. Don’t wait to get the help you need—reach out as soon as possible to start the journey toward recovery. 

Call our main office in Williamsville, NY, at 716-444-4444 or contact us online anytime, 24/7. We also have offices in Syracuse, and Rochester, and our personal injury lawyers can serve clients throughout New York, including Albany, Long Island, Binghamton, Watertown, Plattsburgh, and New York City.

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