In the U.S., approximately 28 people lose their lives in drunk driving accidents every day according to the National Highway Traffic Safety Administration (NHTSA). By now, most people know that drinking and driving can have serious and even fatal consequences. Still, for whatever reason, some drivers choose to get behind the wheel while drunk, endangering others around them.
Victims of drunk driving accidents can suffer severe injuries and find their lives altered forever. At William Mattar Law Offices, we help accident victims obtain compensation after a motor vehicle accident. A drunk driving accident lawyer from our firm will work to hold the at-fault party accountable. Call 844-noswap444-4444 to speak to a member of our team.
Why Choose William Mattar Law Offices for Your Personal Injury Case?
Being involved in a drunk driving accident can be a traumatic and life-altering experience, leaving you with serious injuries, mounting medical bills, and a long road to recovery. When seeking compensation for your losses, it's crucial to have an experienced and dedicated personal injury lawyer on your side.
At William Mattar Law Offices, we have a proven track record of successfully representing drunk driving accident victims in New York State. Our lawyers have extensive experience in handling these complex cases. We have a deep understanding of the unique challenges and legal issues they pose.
We understand that every drunk driving accident case is unique, and each client has their own specific needs and concerns. That's why we provide personalized attention and support throughout the legal process.
From the moment you contact our firm, you will be treated with compassion, respect, and professionalism. We will take the time to listen to your story, answer your questions, and explain your legal options in clear, easy-to-understand terms.
Choosing the right personal injury lawyer for your drunk driving accident case is a critical decision that can have a significant impact on the outcome of your case and your future. The legal team at William Mattar Law Offices has over 30 years of experience and has the resources to obtain maximum compensation, whether for medical bills, lost wages, or pain and suffering. Contact our car accident lawyer today for your free consultation.
Facts About Drunk Driving Accidents
According to the NHTSA, roughly 10,000 people die in accidents involving drunk drivers each year.
Research from the NHTSA shows that some demographics are more likely to be legally drunk in a fatal accident. For example, 21% of men were drunk in fatal accidents versus 14% for women. Additionally, underage drinking is a major cause of fatal car accidents for teens. According to the NHTSA, 24% of young drivers killed in accidents have BACs of .01 g/dL or higher.
Drunk driving is a concern of motorists in all types of vehicles. However, drinking and driving is an issue for motorcyclists in particular. The NHTSA reports that motorcycle operators involved in fatal accidents had the highest percentage of alcohol-impaired drivers compared to other vehicle types.
New York Drunk Driving Laws
New York has various drunk driving laws. Drinking and driving on New York State roadways is illegal. According to the Department of Motor Vehicles drivers who have a BAC of .08 or higher (.04 for commercial motor vehicle drivers) or other evidence of intoxication can receive a charge of Driving While Intoxicated (DWI). Other alcohol and drug-related violations include Aggravated Driving While Intoxicated (Aggravated DWI).
Any alcohol or drug-related violation can result in various penalties, including fines and other potential consequences. Additionally, a driver who causes a serious accident while driving drunk can be subject to civil penalties.
DWI Criminal Charges vs. Personal Injury Claims
When a drunk driver causes an accident that injures others, there are two separate legal matters that arise: criminal DWI charges and civil personal injury claims.
DUI (driving under the influence) is a criminal offense. If a driver is arrested for DWI after causing an accident, they will face criminal charges brought by the state. A criminal DUI case focuses on punishing the drunk driver for breaking the law. Consequences can include fines, license suspension, probation, and even jail time. The injured accident victims are not directly involved in the criminal proceedings.
In contrast, a personal injury claim is a civil matter brought by the injured accident victims against the drunk driver. The purpose is to seek financial compensation for damages caused by the drunk driver's negligence, such as:
- Medical expenses
- Lost wages or income
- Vehicle repairs
- Pain and suffering
In a personal injury lawsuit, liability must be established against the drunk driver. Their criminal DWI conviction can serve as strong evidence of negligence in the civil case. However, even if a driver avoids a DWI conviction on a technicality, they can still be held liable in a civil lawsuit for injuring others. The burden of proof is lower in civil court compared to criminal court.
Accident victims can file personal injury claims regardless of the outcome of any criminal DWI proceedings against the drunk driver. Civil and criminal cases proceed separately. While a DWI conviction may bolster an accident victim's civil case, it is not a prerequisite for seeking compensation.
An experienced Buffalo drunk driving accident lawyer from William Mattar Law Offices can help injured DUI accident victims navigate the complex legal process and fight to get the maximum compensation they deserve from the drunk driver's insurance company. Even if the driver is never convicted of DWI, those injured by their reckless conduct can still take legal action and hold them accountable.
Who is Liable for a Buffalo Drunk Driving Car Accident?
Drunk driving impairs judgment, coordination, and overall driving ability, increasing a potential car accident risk. In drunk driving cases, the alcohol-impaired driver is likely at fault for the accident and any resulting injuries. However, every case is different, and an accident attorney can look closely at the details.
Suppose it's determined that a motorist was legally drunk and injured another person. In that case, the motorist may not only be liable for compensation for pain and suffering and other accident-related expenses but could face punitive damages as well. This means the intoxicated driver may have to pay the car accident victims additional monies due to drinking and driving.
Why Hire a Buffalo Car Accident Attorney?
Buffalo drunk driving accident cases can be overwhelming for any injury victim. If you've suffered trauma or a severe injury due to a drunk driver, there may be a long road ahead. An accident attorney can help you investigate and submit applicable documents while you recover from your injuries.
In addition to offering some peace of mind during a challenging period, an accident attorney knows the law and can use their knowledge to get you the best possible outcome.
Here are some of the key ways a Buffalo drunk driving accident lawyer can help with your case:
Investigating Your Accident
The legal team will thoroughly investigate the drunk driving accident to gather evidence supporting your claim. This may include police reports, witness statements, photos/videos from the scene, toxicology results, and more. They will work to build a strong case establishing the drunk driver's negligence and liability for your injuries.
Identifying All Potential Sources of Compensation
In addition to the drunk driver's auto insurance, there may be other insurance policies that can provide compensation, such as dram shop liability policies if a bar or restaurant overserved the driver prior to the crash. Your attorney will identify all potential sources to maximize your financial recovery.
Documenting Your Damages
Your lawyer will gather extensive documentation of all the ways the accident has negatively impacted your life, including medical records/bills, proof of missed work and lost income, property damage estimates, and evidence supporting your pain and suffering. Fully accounting for your damages is crucial to obtaining a fair settlement.
Handling Communication with Insurance Companies
The drunk driver's insurance company may try to minimize their financial liability by making lowball settlement offers or attempting to shift blame onto you. Your attorney will take over communication with insurers and aggressively negotiate on your behalf to obtain the highest possible settlement.
Filing a Personal Injury Lawsuit
If the insurance company refuses to offer an acceptable settlement, your lawyer can file a personal injury lawsuit against the drunk driver and their insurer. Throughout the litigation process, your attorney will vigorously advocate for your interests in court and work to hold the drunk driver fully accountable.
Providing Personal Attention and Guidance
Dealing with the aftermath of a serious drunk driving accident can be stressful and overwhelming. Your attorney will give you the personal attention you deserve, take the time to understand your unique needs, and be available to address any questions or concerns you have. They will handle all the complex legal details so you can focus on your recovery.
Contact the Buffalo Drunk Driving Accident Lawyers at William Mattar Law Offices Today
If a drunk driver in Buffalo has injured you, don’t hesitate to contact William Mattar law offices. Our accident attorneys work hard on behalf of injury victims to get them maximum compensation. To schedule a free initial consultation with our legal team, complete our free online form or call 844-noswap444-4444. We are available 24 hours a day, seven days a week, to answer any inquiries.