Drunk Driving Accident Attorney in New York

Drunk Driving Injury Accident

In the state of New York, there are many things that you should be aware of on the road, including drunk drivers. The number of injuries and problems on New York roads caused by driving drunk are plenty and they can be dangerous, creating physical problems, legal issues, and possibly even death.

No matter how you are associated with a drunk driving incident, you need to immediately contact a team of drunk driving lawyers or personal injury attorney with experience whom you can trust to help manage the situation, get you the compensation you need, and put this painful moment behind you.

Drunk driving accident lawyers

From seeking compensation to filing a claim to handling all other aspects of your case, drunk driving accident lawyers do a number of things.

Drunk driving accident attorneys defend those who have been a part of a car accident case caused by drunk drivers. Their main goal is to argue for the rights of their clients and assist them in getting fair compensation for any losses or injuries sustained as a consequence of the accident.

They provide assistance to victims of drunk driving incidents, detailing their rights and choices for legal action. It doesn’t matter if the accident involved a truck, motorcycle, car, or even a bicycle, drunk driving lawyers can work through just about any type of case.

They look into the facts of the accident, gathering information such as police reports, witness testimony, and medical records to construct a compelling case.

What to do after being hit by a drunk driver

Being involved in a collision with a drunk driver can be very painful in a number of ways, and not just physically. It is critical to take some protection to safeguard yourself and your rights.

The first thing you should do is examine yourself and anyone involved in the collision for injuries. If someone is wounded, contact the emergency services immediately.

Call the police to inform them of the location of the collision. It is critical to obtain an official police record documenting the occurrence, particularly if the other motorist is suspected of driving under the influence.

Share your contact information, insurance, and car details with the other motorist. Also, get the contact information from any witnesses to the crash.

Take photographs of the accident scene, including car damage, skid marks, conditions of the roads, and any other important information. This paperwork can be used as proof in any sort of court case later.

If you believe the other driver is intoxicated, avoid confronting them or attempting to manage the matter yourself. This is a job for the police and you should allow them to handle it once they come.

Even if you don’t believe you’ve been gravely hurt, get medical assistance right away. Some injuries may not be immediately visible, and documenting any injuries is critical for insurance claims and legal processes.

Quickly notify your insurance company of the accident as soon as possible. Please provide them with any necessary information and help with their inquiry.

Consider speaking with a personal injury attorney who has handled cases involving drunk driving incidents like Duffy & Duffy, PLLC. They can advise you on your legal rights and how to obtain compensation for your injuries and damages.

Types of Drunk Driving Accidents

Drunk drivers may fail to stop in time and collide with the car ahead of them. One of the many ways this manifests is with rear-end crashes. These can result in whiplash, neck injuries, and other forms of damage in the driver or the passengers in the vehicle.

Another type, head-on collisions, happens when a drunk driver crosses into oncoming traffic and collides with another car. Head-on crashes frequently result in serious injuries or fatalities because to the enormous impact forces involved.

Drunk drivers may lose control of their cars and collide with permanent obstacles like trees, utility poles, or guardrails. These accidents can cause significant injury or death to the drunk driver and any passengers.

In certain situations, an intoxicated driver’s actions might set off a chain reaction involving many cars. These kinds of pile-up incidents can create extensive damage and casualties, particularly on highways or busy roads.

Some drunk drivers might try to escape the scene of an accident to avoid being held accountable for their actions. Hit and run incidents can complicate the legal process and cause victims to wait longer for a verdict and compensation.

Common Injuries Resulting from Drunk Driving Accidents

Whiplash is a common injury in rear-end crashes when the power of the crash forces the head forward and then backward quickly. This can cause neck discomfort, stiffness, headaches, and other symptoms.

Traumatic brain injuries can occur when the head contacts an object or is subjected to abrupt acceleration or deceleration forces during an accident. TBIs range from minor concussions to serious brain injury and can cause long-term problems.

Damage to the spinal cord can cause paralysis, loss of feeling, and other irreversible problems. Spinal cord injuries are especially traumatic, affecting a person’s ability to move, breathe, and do daily tasks.

Blunt force damage from a drunk driving collision can injure organs such the liver, spleen, kidneys, and lungs. Internal bleeding and organ damage may not be readily obvious and need rapid medical intervention.

In addition to physical injuries, victims of drunk driving accidents may suffer psychological trauma such as post-traumatic stress disorder, anxiety, depression, and phobias associated with driving or being in a vehicle.

Statute of Limitations for Drunk Driving Accidents

The statute of limitations for drunk driving incidents changes because of the jurisdiction they are in and the specific legal claims involved. In most circumstances, the statute of limitations relates to the time restriction for filing a lawsuit following an occurrence.

Every state has its own statute of limitations for personal injury lawsuits, including those resulting from drunk driving incidents. These time constraints might vary from one to many years.

If a drunk driving accident is deadly, the statute of limitations for pursuing a wrongful death case may differ by state. Surviving family members usually have a limited time window in which to submit a claim on behalf of the deceased.

Causes of Drunk Driving Accidents

Drunk driving accidents are often caused by a combination of poor judgment, diminished cognitive function, and impaired motor abilities due to alcohol intake.

The use of alcohol can affect a driver’s ability to make the right decisions. Drunk drivers often misjudge certain dangers, violate most traffic rules, and engage in risky behavior like speeding or being aggressive.

Alcohol also impairs motor skills, making it harder for drunk drivers to keep control of their vehicles and respond to any changes in traffic or the road.

Drinking also delays the central nervous system. Drunk drivers may be slower to brake, swerve, or take the right measures to avoid crashes, raising the risk of an accident.

Alcohol impairs eyesight, depth perception, and overall awareness, making it difficult for drivers to judge distances, notice dangers, and predict the actions of others.

Alcohol worsens feelings of sleepiness, specifically when consumed in high quantities. Drunk drivers may nod off or become far less alert when behind the wheel, which increases the chance of an accident.

Alcohol will also decrease focus, leading to distractions while driving such as texting, or chatting on the phone.

The mix of impaired judgment, diminished coordination, slower response times, and other alcohol-related consequences dramatically raises the likelihood of a drunk driving accident. Efforts to avoid these tragedies include public awareness campaigns, enforcement of drunk driving laws, and measures to encourage responsible alcohol use and other modes of transportation.

Legal Consequences of Drunk Driving

Most countries make driving under the influence of alcohol or drugs a criminal crime. The perpetrators could be facing misdemeanor or felony charges, based on their degree of drunkenness, past DUI convictions, and if the offense caused harm or death.

When law enforcement agents have reasonable cause to think that a motorist is impaired, they may arrest and detain the individual for DUI charges. The motorist may be detained in jail until they can pay bail or appear before a court.

When someone is arrested for DUI, his or her license is taken and may be suspended. This action has nothing to do with potential criminal charges and is instead issued by the Department of Motor Vehicles.

DUI convictions lead to minimum jail terms, particularly for repeat offenders or instances containing elements such as high blood alcohol concentrations, accidents resulting in injuries or fatalities, or driving with kids in the vehicle.

DUI offenders may be sentenced to probation instead of or in addition to jail time when they have to comply with set rules such as attending programs, substance abuse treatment, drug testing, and eliminating the use of alcohol.

A DUI conviction results in a lifelong criminal record, which can have long-term effects on employment, housing, professional licensure, and other elements of the offender’s life.

Insurance Claims for Drunk Driving Accidents

Insurance claims for drunk driving incidents usually include a few crucial procedures.

As with any automobile collision, you must report the occurrence to your insurance carrier as quickly as feasible. Provide them with all pertinent information, including the date, time, and location of the collision, as well as information about the other motorist involved.

Your insurance company will investigate the collision to establish culpability and the level of damage. This might include acquiring a copy of the police report, interviewing witnesses, and checking the cars involved.

Keep track of any damage to your car and any injuries you incurred as a consequence of the collision. Take photographs of the damage, retain copies of medical bills and documents, and document any additional costs associated with the accident.

If the other driver caused the accident and was under the influence of alcohol or drugs, you may be able to submit a claim against their insurance coverage to recover compensation for your losses. Your insurance company can help you with this.

Keep contact with your insurance company and any legal agents engaged in your case at all times during the claims process. Keep note of any timelines or requirements, and comply with them as necessary to ensure your rights are secured.

Handling insurance claims for crashes involving alcohol can be difficult, but having the help of your insurance company and a lawyer will help you get through the process and receive the compensation you deserve.

How likely is it that a drunk driving accident case will go to trial?

The chance of a drunk driving accident case being brought to a trial is determined by a number of factors, including the facts of the case, the evidence available, the people involved, and the legal methods used.

If there is convincing proof of the driver’s drunkenness and fault for the accident, such as police records, breathalyzer test results, witness testimony, and other paperwork, the case may be less likely to proceed to trial. Strong evidence may result in a settlement agreement before any trial.

Whether a drunk driving accident lawsuit proceeds to trial is determined by the facts of each case and the decisions made by the individuals involved. While many cases are settled through a settlement, others go to trial if both sides aren’t able to reach an agreement.

Is a Drunk Driver Automatically at Fault for an Accident?

Fault in a car accident is established by the unique facts of the case. That means that it must be proven that the driver’s drunkenness was a direct cause of the accident. Proving this may include showing that the driver’s impaired judgment, slower response time, or other alcohol-related impacts heavily contributed to the crash.

Resources for Victims of Drunk Driving Accidents

Victims of drunk driving accidents can seek aid, support, and resources from a variety of organizations, government agencies, and advocacy groups committed to assisting individuals impacted by such situations.

For example, Mothers Against Drunk Driving is a major organization that works to stop drunk driving, help victims of tragedies, and push for stronger laws to fight against drunk driving. Their website has a lot of resources, support services, victim advocacy, and information on victim impact panels.

Many areas also have victim support groups or victim advocacy organizations like Stop DWI New York that offer aid and resources to those impacted by drunk driving incidents. These programs may include crisis intervention, counseling, legal aid, and connections to other support services.

Attending a support group might give you emotional support, friendships, and a feeling of belonging among those who have faced similar situations. Online forums, support groups, and counseling services could be available.

New York DWI Statistics

Even though some progress has been made in the state, alcohol-related crashes continue to account for a large number of road deaths in New York. According to the Department of Motor Vehicles, alcohol-related accidents accounted for around 25% to 30% of all road deaths recently (source).

Call Us Today to Speak with a New York Drunk Driving Accident Attorney

No matter if you are at fault or not, it is vital that you contact a trusted, reliable, well-respected drunk driving accident attorney after this kind of traumatic incident. They can help lay the pathway for freedom from the charges, the pain, and the damages that come with a drunk driving case.