Drunk driving accidents, unfortunately, remain a common occurrence on Long Island. If you or a loved one on Long Island have been involved in an accident caused by a drunk driver, your world may have unexpectedly been turned upside down. Our team of drunk driving accident attorneys understands the difficulties, the frustration, and the range of deep emotions you are feeling because we help people in similar situations every day. We can strategically address the issues caused by your drunk driving accident and help you put your life back together.<\/p>\r\n
A study by the National Institute of Health found over 31 million incidents of drinking and driving on New York roads each year. The probability of being arrested for drinking and driving is 1 in 500, and the study supported that the penalties for first-time offenses and education on the dangers of drinking and driving are inadequate.<\/p>\r\n
Sadly, other people\u2019s poor choices seriously harm others on the road. Beyond criminal penalties for drunk driving, they are liable for the harm and losses they cause others. Our attorney team at The Harrison Law Group can represent you and be your voice if you or a loved one have been in a car crash with an impaired driver on Long Island.<\/p>\r\n\r\n\r\n\r\n
Each day, 29 people die in an alcohol-impaired motor vehicle accident<\/a>\u00a0\u2014 one death every 50 minutes. Alcohol-related crashes cost $44 billion each year. In 2016, alcohol-related deaths accounted for 28% of all motor vehicle fatalities<\/a>, accounting for more than 10,000 deaths. Of all the traffic-related deaths involving children ages 0-14, 17% involved an alcohol-impaired motorist.\u00a0<\/p>\r\n New York State has reduced its rate of drunk driving fatalities by 61% \u2014 and even though the state government\u2019s approach has shown improvements, it still hasn\u2019t put a dent in the overall problem. Drunk driving is a significant concern for safety on the highways, and about one out of every three<\/a> accidents involves an alcohol-impaired driver.\u00a0<\/p>\r\n Because drunk drivers are on the road, we are here to help you and your family if you have been victimized by an intoxicated driver on Long Island. Contact us today to schedule your free initial consultation and strategy session<\/strong>, where we will review the details of your case and build a plan to seek appropriate compensation for your injuries and losses.<\/p>\r\n Get Free Advice From An Experienced NY Personal Injury Lawyer<\/p>\n<\/div>Call Us Today<\/a><\/div><\/section>\r\n\r\n\r\n\r\n If you have been involved in an accident with a drunk driver, take the following steps right away:<\/p>\r\n\r\n\r\n\r\n The intoxication factor in a car accident can impact your potential compensation. New York is a no-fault<\/strong> state, meaning your insurance company will cover your medical bills and lost wages up to a specific limit \u2014 regardless of who was at fault for the accident. Note that their insurance company may deny the drunk driver or offer a low settlement due to New York\u2019s alcohol exclusion laws.<\/p>\r\n By law, insurers must cover emergency (life-saving) treatments for drunk drivers injured in an accident; however, they will not likely cover these drivers for much more than that. Note that motorcycle accidents<\/a> are not covered under the No-Fault rules in New York.<\/p>\r\n Your insurance may not cover all of your expenses. Still, if that happens, you can step outside the no-fault system and file a lawsuit against the drunk driver who was at fault for the accident when your injuries meet certain criteria defined by state law. In contrast to New York\u2019s no-fault insurance laws, drunk driving accident lawsuits in New York take fault into account.<\/strong><\/p>\r\n Under New York Insurance Law Section 5102(d)<\/a>, as part of the criteria to file an accident lawsuit, one must either prove a basic economic loss of more than $50,000.00 or meet the threshold of a Serious Injury as one of the following:<\/p>\r\n The statute of limitations<\/strong> is three years, so you must file a civil suit within three years of the date of the injury. Don’t delay; contact an experienced drunk driving accident lawyer at The Harrison Legal Group today to schedule a free consultation.<\/p>\r\n There are several general types of damages for which you can seek compensation in a Long Island drunk driving accident lawsuit<\/strong>.<\/p>\r\n Your expenses for repair or replacement following an accident may surpass what your insurance company is willing to pay on your policy. In that case, you can sue the at-fault driver for the remainder of these expenses.<\/p>\r\n Drunk driving accidents often lead to severe injuries. These can lead to significant medical expenses, including emergency care, hospital stays, surgeries, medication, and rehabilitation. Your insurance may not cover the full extent of these expenses. Your attorney can help factor these costs into the compensation you seek.\u00a0<\/p>\r\n If your injuries prevent you from working \u2014 either temporarily or permanently \u2014 you could seek compensation for lost wages. It may include future earning capacity if you cannot return to your previous line of work. Your Personal Injury Protection (PIP) insurance may not cover all of your lost wages, but you can seek the remainder through a lawsuit.<\/p>\r\n In addition to economic damages like medical bills and lost wages, you may also be able to seek non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. These damages are often higher in drunk driving cases due to the reckless behavior of the at-fault party.<\/p>\r\n In some cases, you might be entitled to punitive damages. These damages punish the at-fault party and deter similar behavior in the future. Drunk driving is often considered grossly negligent behavior, which can increase the likelihood of punitive damages.<\/p>\r\n Navigating the aftermath of an accident in Long Island can be stressful, especially when dealing with vehicle repairs and medical treatment expenses. Fortunately, your attorney can guide you along the way and handle many of the processes on your behalf. Below are some general guidelines for vehicle repairs and medical treatments following an accident in New York.<\/p>\r\n You should never accept a settlement offer from an insurance company without consulting an attorney. Insurance companies often try to minimize payouts, and taking a low settlement offer can prevent you from seeking further compensation later on.<\/p>\r\n PIP coverage or no-fault insurance covers medical expenses regardless of who’s at fault. It can often include lost wages, too.<\/p>\r\n New York is a no-fault<\/strong> state, which means you will first file a claim with your insurance company to cover your medical bills up to a specific limit, regardless of who was at fault for the accident. Beyond the limit of your insurance company, you could then pursue a case against the person at fault for the accident to cover additional medical treatment.<\/p>\r\n You may need to initially pay out-of-pocket and then seek reimbursement through a claim with your insurance company. If your damages surpass what your insurance will cover, you may seek additional compensation for repairs through a lawsuit against the driver who caused your accident.<\/p>\r\n It’s possible that disputes over fault or coverage limits could lead to delays in vehicle repairs or shortages of funds for medical treatment, which is why it’s crucial to have an experienced attorney advocating for your rights. Your attorney will guide you and work to pursue your interests.<\/p>\r\n Intoxicated driving is a dangerously negligent act, so it can support your case if the other driver engaged in such irresponsible behavior when causing your accident. It is likely that an intoxicated driver who caused an accident in New York will be charged with a criminal violation.<\/p>\r\n A criminal charge requires a higher burden of proof (beyond a reasonable doubt) than a civil lawsuit, which only requires a preponderance of evidence indicating it is more likely than not that the other driver\u2019s negligent behavior caused your accident and injuries. Therefore, a criminal conviction may be a good indicator of the viability of a civil lawsuit.\u00a0<\/p>\r\n A criminal case against the other driver who was intoxicated will also help to gather evidence against them, and you can begin your civil lawsuit while a criminal case is still proceeding. A conviction or criminal charge against the other driver is not necessary for you to initiate a civil lawsuit. You can also bring a civil suit against them to pursue compensation for damages whether or not they were intoxicated \u2014 your ability to prove their intoxication at the time strengthens your case.\u00a0<\/p>\r\n Driving under the influence of alcohol or other narcotics is a punishable offense according to the New York State Law. Impaired driving negatively affects your judgment, coordination, and ability to operate a vehicle with focus, attentiveness, and awareness. A driver\u2019s level of impairment can and will be affected by the following conditions:<\/p>\r\n There are several types of drinking and driving-related violations<\/a> in the state of New York:<\/p>\r\n In New York State, the legal consequences for drunk driving include fines, loss of driving privileges, and possibly jail time. Aggravated Driving While Intoxicated (ADWI)<\/strong> fines can range from $1,000 to $10,000 and possible jail sentencing of up to seven years, depending on how many times you\u2019ve committed the offense. An ADWI can also lead to your license being suspended anywhere from 1 year to 18 months.<\/p>\r\n Driving While Intoxicated (DWI)<\/strong> can lead to a mandatory fine from $1,000 to $10,000, up to seven years imprisonment. Your license may also be revoked for at least six months to a year with a DWI charge.\u00a0<\/p>\r\n If a driver under the age of 21 violates the Zero Tolerance Law one or more times, then they are subject to fines up to $500 and could have their license revoked for up to 18 months. Refusing a chemical test can lead to fines of up to $750 and also having your license revoked for up to 18 months.\u00a0<\/p>\r\n The New York Government has outlined policies to prevent its citizens from being victims of drunk driving, including the following:<\/p>\r\n Though the state of New York is doing a lot to prevent drunk driving car accidents, many people unfortunately still choose to drive while over the legal limit. Impaired drivers cause many fatal car accidents, but traffic crash fatalities are not the only drunk driving victims. Many people needlessly suffer severe injuries when drunk drivers are behind the wheel.<\/p>\r\n The drunk driving statistics reflect that they may not be doing enough. These aren\u2019t only numbers \u2014 they represent drunk driving crashes that often involve serious injuries and\/or deaths. Beyond safety checkpoints, field sobriety tests, and breathalyzer test usage by police officers, and criminal charges that often include felony offenses, individuals choose to drive drunk, and fatal crashes often continue.<\/p>\r\n Drunk driving accident lawsuits serve as another way to discourage both first-time offenders and repeat offenders. You can discourage drunk driving and help reduce drunk driving deaths by holding drunk drivers responsible for their actions.<\/p>\r\n Drunk driving accidents can be tragic and earth-shattering situations for one or both parties involved, as well as for their loved ones. If you or a family member have been a victim of a preventable drunk driving accident, contact<\/a> an attorney adept in the intricacies of New York Drunk Driving Law.<\/p>\r\nSchedule a Free Consultation Today<\/h2>
What To Do If You Have Been in an Accident with a Drunk Driver on Long Island<\/h2>\r\n\r\n\r\n\r\n
\r\n
How To Approach Expenses for Vehicle Repair and Medical Treatment Following an Accident with an Intoxicated Driver on Long Island<\/h2>\r\n\r\n\r\n\r\n
Emergency Medical Treatments For Drunk Drivers Are Required, But Their Coverage for Treatments Overall Can Be Limited<\/h3>\r\n
Filing a Lawsuit Following a Drunk Driving Accident on Long Island<\/h3>\r\n
\r\n
You Only Have Three Years To File a Lawsuit for a Drunk Driving Case in New York<\/h3>\r\n
Types of Damages to Seek in a Long Island Drunk Driving Accident Lawsuit<\/h2>\r\n
Car Repair Expenses<\/h3>\r\n
Medical Treatment Expenses<\/h3>\r\n
Lost Wages<\/h3>\r\n
Pain and Suffering<\/h3>\r\n
Punitive Damages<\/h3>\r\n
Insurance Payments Following an Accident with a Drunk Driver in New York<\/h2>\r\n
Managing Insurance Companies<\/h3>\r\n
Personal Injury Protection (PIP)<\/h3>\r\n
Medical Treatment Expenses<\/h3>\r\n
Vehicle Repairs<\/h3>\r\n
Delayed Vehicle Repairs and Medical Treatment<\/h3>\r\n
A Criminal Case Against the Intoxicated Driver Can Help and Inform Your Civil Lawsuit For a Drunk Driving Accident in New York<\/h2>\r\n
Civil Lawsuits Only Require You to Prove the Other Driver’s Negligent Behavior was More Likely Than Not Responsible for Your Injuries<\/h3>\r\n
Collecting Civil Lawsuit Evidence During the Criminal Case<\/h3>\r\n
New York Drunk Driving Violations<\/h3>\r\n
\r\n
\r\n
The State is Serious About Preventing Drunk Driving in New York<\/h2>\r\n
\r\n
Contact The Harrison Law Group Today To Schedule a Free Initial Case Consultation and Strategy Session For Your Drunk Driving Accident Case<\/h2>\r\n