Injured by a Drunk Driver in New York? Know Your Rights
Every year, thousands of people in New York are injured or killed in car accidents caused by drunk drivers. These accidents are not only tragic—they are entirely preventable. If you or someone you love has been harmed in a collision involving an impaired driver, you have the legal right to seek justice and compensation.
This blog will walk you through your rights after such an incident, explain how personal injury law applies to different types of accidents, and why working with an experienced drunk driver accident lawyer in New York can make a significant difference in your case.
Understanding the Impact of Drunk Driving Accidents
Drunk driving accidents are among the most devastating types of motor vehicle collisions. Alcohol impairs a driver’s judgment, slows reaction times, and affects coordination. This often leads to:
- High-speed collisions
- Running red lights or stop signs
- Driving the wrong way
- Hitting pedestrians or cyclists
These accidents can cause serious injuries such as traumatic brain injuries, spinal cord damage, broken bones, internal bleeding, or even death.
Your Legal Rights After a Drunk Driving Accident
If you’ve been injured due to someone else’s decision to drive under the influence, New York law allows you to file a personal injury claim. This can help you recover damages for:
- Medical bills (past, present, and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional trauma
- Property damage
- Rehabilitation and long-term care
A skilled drunk driver accident lawyer in New York will work to ensure you receive the full compensation you deserve while you focus on healing.
Common Types of Personal Injury Cases Handled
While drunk driving accidents are a major concern, personal injury law in New York covers a broad range of accident types. Here are some other common scenarios your client may handle:
1. Motor Vehicle Accidents
This includes collisions involving cars, trucks, motorcycles, or bicycles. Whether caused by speeding, distracted driving, or driver fatigue, victims may be entitled to compensation. An experienced personal injury attorney can help determine fault and navigate the claims process.
2. Construction Accidents
Construction sites are among the most dangerous workplaces. If you were injured on a construction site due to unsafe conditions, falling objects, scaffolding collapses, or machinery malfunctions, you may have a valid personal injury or third-party liability claim.
3. Medical Malpractice
Medical professionals must meet a standard of care. When they fail to do so—by misdiagnosing a condition, making surgical errors, or prescribing the wrong medication—it can lead to devastating consequences. Medical malpractice victims have the right to seek justice.
Why You Need a Drunk Driver Accident Lawyer in New York
Drunk driving cases can be complex, especially when criminal charges are involved. A personal injury lawsuit is separate from a criminal case. Even if the drunk driver is not convicted, you can still pursue civil compensation. A drunk driver accident lawyer in New York can:
- Investigate the accident thoroughly
- Gather police reports, medical records, and witness statements
- Work with accident reconstruction experts
- Negotiate aggressively with insurance companies
- Represent you in court if a fair settlement isn’t reached
Having a legal expert by your side gives you the best chance of securing maximum compensation and holding the responsible party accountable.
How Liability Is Determined in Drunk Driving Cases
New York is a no-fault insurance state. This means that your insurance initially covers your medical expenses and lost wages, regardless of who caused the accident. However, if your injuries are serious, you may step outside of the no-fault system and file a personal injury lawsuit against the drunk driver.
Your lawyer will evaluate whether your injuries meet New York’s “serious injury threshold,” such as:
- Significant disfigurement
- Bone fractures
- Permanent limitation of a body organ or member
- Substantial disability for 90+ days
Once this threshold is met, the driver can be held liable in civil court.
What to Do If You’re Hit by a Drunk Driver
If you’re involved in an accident with a suspected drunk driver, take the following steps:
- Call 911 immediately. Request medical attention and report the crash to law enforcement.
- Document everything. Take photos of the scene, your injuries, and any vehicle damage.
- Gather contact info. Get names, license numbers, and insurance information from all drivers involved.
- Talk to witnesses. Collect names and contact information of anyone who saw the accident.
- Avoid speaking to the other driver’s insurer. Let your attorney handle all communications.
- Contact a drunk driver accident lawyer in New York. The sooner you get legal help, the better your chances of a strong claim.
Time Limits for Filing a Claim in New York
New York has a statute of limitations for personal injury claims. In most cases, you must file within three years from the date of the accident. However, certain exceptions may apply (e.g., claims involving a government vehicle).
Acting quickly ensures your attorney can preserve evidence and build a strong case before critical deadlines pass.
Don’t Let Insurance Companies Take Advantage
Insurance companies often try to minimize your injuries or offer quick settlements that are far less than what you’re entitled to. Without legal guidance, you risk accepting a lowball offer that doesn’t cover your future medical expenses or long-term needs.
An experienced drunk driver accident lawyer in New York can level the playing field and fight for every dollar you’re owed.
Final Thoughts: Protect Your Rights and Your Future
Being injured by a drunk driver is a traumatic experience, but you don’t have to face it alone. Whether you’re dealing with physical injuries, emotional distress, or mounting bills, the right personal injury lawyer will stand by your side every step of the way.
If you or a loved one has been affected by a drunk driving accident—or any form of negligence—reach out for a free consultation today. Your recovery, rights, and peace of mind are worth fighting for.