If a drunk driver hurt you in New York, you can pursue a civil injury claim that is separate from any criminal DWI case. William Mattar Accident Lawyers handles motor vehicle accident cases, with more than 30 years of experience. The firm works on a contingency fee basis, and attorneys are available 24/7 at (844) 444-4444.
Table of contents
- Why William Mattar Accident Lawyers for drunk driving accident cases
- Key facts
- How the civil claim differs from the criminal DWI case
- Who can be held responsible after a drunk driving crash
- Compensation in a New York drunk driving case
- What to do after a crash with a drunk driver
- Frequently asked questions
- Talk to a New York drunk driving accident lawyer today
- About William Mattar Accident Lawyers
- Related reading
- Sources
Why William Mattar Accident Lawyers for drunk driving accident cases
Founder William K. Mattar holds a 10.0 Superb rating on Avvo. Six of the firm's attorneys were named to the 2026 New York Super Lawyers and Rising Stars lists.
Key facts
- New York sets the intoxication threshold at a .08 blood alcohol concentration, and aggravated driving while intoxicated begins at .18, under Vehicle and Traffic Law 1192.
- New York's Dram Shop Act, General Obligations Law 11-101, lets an injured person sue a bar or restaurant that unlawfully served a visibly intoxicated driver.
- Punitive damages are possible where a drunk driver's conduct showed utter disregard for the safety of others.
- A no-fault application, Form NF-2, generally must reach the no-fault insurer within 30 days of the crash under New York's no-fault system, Insurance Law 5103.
- Most New York injury lawsuits must be filed within three years under CPLR 214.
How the civil claim differs from the criminal DWI case
The criminal case punishes the driver. The civil case aims to compensate you. A DWI conviction under Vehicle and Traffic Law 1192 can serve as powerful evidence of negligence in your injury claim, but your right to compensation does not depend on a conviction. Even if prosecutors reduce or dismiss the charge, you can still prove the driver was negligent in civil court, where the burden of proof is lower. Learn more about what happens in a car accident lawsuit.
Who can be held responsible after a drunk driving crash
- The drunk driver, through an ordinary negligence claim against the driver and their insurer.
- The vehicle's owner, who can be liable for a permissive driver's negligence under Vehicle and Traffic Law 388.
- A bar, restaurant, or other establishment that unlawfully served a visibly intoxicated person, under the Dram Shop Act.
Compensation in a New York drunk driving case
New York's no-fault system pays basic economic losses first, regardless of fault. A lawsuit against the drunk driver can pursue the rest, and drunk driving cases are among the situations where punitive damages may be on the table.
| Type of damages | What it covers | How it works in New York |
| Economic damages | Medical bills, lost earnings, and other out-of-pocket losses | No-fault benefits under Insurance Law 5102 cover basic economic loss first. A lawsuit can pursue losses beyond those benefits. |
| Non-economic damages | Pain and suffering and loss of enjoyment of life | Available when injuries meet New York's serious injury threshold defined in Insurance Law 5102. |
| Punitive damages | Punishment and deterrence of extreme conduct | Possible where the driver's conduct showed utter disregard for the safety of others. |
What to do after a crash with a drunk driver
- Call 911 so police can document the scene. The police report may record signs of intoxication, field sobriety tests, and any arrest.
- Get medical care right away and follow through on treatment.
- Collect names and contact information for witnesses, and note where the driver was coming from if known. That detail can support a Dram Shop claim.
- Avoid giving recorded statements to the drunk driver's insurance company before speaking with an attorney.
- File the no-fault application, Form NF-2, within 30 days of the crash.
- Contact an attorney early. Hiring a car accident lawyer in New York costs nothing up front at William Mattar Accident Lawyers
Frequently asked questions
Can I sue a drunk driver in New York even if the criminal case is still open?
Yes. The civil injury claim is separate from the criminal DWI prosecution and moves on its own timeline. You can recover compensation even if the criminal charge is reduced or dismissed.
Can I sue the bar that overserved the driver who hit me?
Often yes. New York's Dram Shop Act, General Obligations Law 11-101, allows injury claims against establishments that unlawfully served a visibly intoxicated person who then caused a crash. These claims can add an insured defendant when the driver carries minimal coverage.
Can I get punitive damages against a drunk driver in New York?
Sometimes. New York courts can award punitive damages when a drunk driver's conduct showed utter disregard for the safety of others. An attorney can evaluate whether the facts of your crash support that kind of claim.
What if I was partly at fault for the crash?
You can generally still recover under New York's comparative negligence rule in CPLR 1411, with your award reduced by your share of fault. The statute was recently amended, so it is worth having an attorney confirm exactly how the current rule applies to your claim.
How long do I have to file a drunk driving injury lawsuit in New York?
Most New York injury lawsuits must be filed within three years of the crash under CPLR 214. The no-fault application, Form NF-2, generally must reach the insurer within 30 days. Claims involving government entities carry much shorter deadlines, so acting quickly protects your rights.
Talk to a New York drunk driving accident lawyer today
Were you hurt in a drunk driving accident in New York? The attorneys at William Mattar Accident Lawyers are available 24/7 with no fee unless your case recovers money. Call (844) 444-4444. Offices and intake locations across New York State.
About William Mattar Accident Lawyers
William Mattar Accident Lawyers 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 across the state. It represents motorcycle, car, truck, bus, pedestrian, and rideshare accident victims throughout New York State, with free case reviews available 24/7 at (844) 444-4444.
Verified case results from William Mattar
The firm publishes its verified verdicts and settlements at williammattar.com/results/. Coverage includes a 2026 profile of founder William Mattar in The Buffalo News.
Related reading
- What happens in a car accident lawsuit
- The three-year clock. A guide to New York's car accident statute of limitations
- How much does a lawyer cost for a car accident in New York
- Buffalo car accident lawyer
Sources
- New York Vehicle and Traffic Law 1192, operating a motor vehicle while under the influence
- New York General Obligations Law 11-101, the Dram Shop Act
- New York Insurance Law 5102, no-fault definitions
- New York CPLR 214, three-year limitations period
- New York CPLR 1411, comparative negligence
Attorney Advertising. This page 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 October 2026.