New York City Drunk Driving Accident Lawyers
Across New York, the share of traffic accidents involving alcohol impaired drivers has significantly increased in recent years, with approximately one in three collisions involving intoxicated motorists. In 2023 alone, more than 50 traffic fatalities in New York City were directly linked to alcohol related crashes. These incidents are not only dangerous but deeply traumatic, especially when they result in life altering injuries.
If you or a loved one has been injured in a collision involving a drunk driver in New York, you may be entitled to take legal action. While you focus on medical treatment and recovery, the New York car accident lawyers at Lever & Ecker, PLLC will handle the legal process on your behalf, pursuing the compensation you are entitled to recover for your injuries and other damages.
Topics On This Page
- Why Choose the New York Drunk Driving Accident Lawyers at Lever & Ecker?
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- What Types of Compensation May Be Recovered After a Drunk Driving Accident?
- What Is the Deadline to File a Drunk Driving Injury Lawsuit in New York?
- How Is Fault Proven in a Drunk Driving Injury Lawsuit?
- Can Bars or Restaurants Be Held Liable for Drunk Driving Collisions in New York?
- Frequently Asked Questions
- Speak With a Drunk Driving Accident Lawyer at Lever & Ecker
Why Choose the New York Drunk Driving Accident Lawyers at Lever & Ecker?
At Lever & Ecker, our award winning New York car accident lawyers have over 70 years of combined experience representing individuals who have suffered injuries in motor vehicle collisions. We have recovered more than $250 million for our clients.
Our firm provides top-tier legal representation and maintains an open line of communication throughout the entire process. We represent individuals injured by drunk drivers with the focus and commitment that every case deserves. When you retain our firm, we will:
- Investigate the circumstances of the collision
- Identify all responsible parties
- Gather evidence and secure expert analysis and testimony
- Handle all communications with insurance companies
- Represent you at trial, should trial become necessary
- Pursue the full compensation you are entitled to recover
What Types of Compensation May Be Recovered After a Drunk Driving Accident?
Drunk driving collisions often lead to catastrophic injuries and lasting disruption to a person’s health, finances and overall well-being. If you qualify to file a personal injury lawsuit, you may be entitled to pursue compensation for a range of damages, including:
- Pain and suffering, including physical pain, emotional trauma and any surgeries
- Medical expenses, including hospital and rehabilitation costs
- Lost wages and reduced future earning capacity
- Costs related to permanent disability or impairment
- Loss of enjoyment of life and independence
Calculating the full value of a case is complex. The lawyers at Lever & Ecker will handle this process on your behalf and pursue every dollar of compensation warranted under the law.
What Is the Deadline to File a Drunk Driving Injury Lawsuit in New York?
How Is Fault Proven in a Drunk Driving Injury Lawsuit?
Drunk driving collisions often result in severe injuries, and liability may be more straightforward to prove due to the involvement of alcohol. When law enforcement responds to the scene, officers often test the driver’s blood alcohol content (BAC), which can serve as powerful evidence in court.
To succeed in a personal injury lawsuit in New York, the injured party must prove the following four elements:
- Duty of Care – The at-fault party owed a duty of care to operate their vehicle responsibly.
- Breach of Duty – The at-fault party breached that duty by acting negligently.
- Causation – The negligent conduct caused the victim’s injuries.
- Damages – The injured person suffered physical injuries and other losses.
New York is a no-fault insurance state, meaning drivers must carry at least $50,000 in personal injury protection (PIP) insurance to reimburse medical expenses and certain lost wages, regardless of who caused the crash.
However, injured individuals may file a personal injury lawsuit against the at-fault driver if their injuries meet New York’s “serious injury” threshold under Insurance Law § 5102(d). These include:
- Death
- Dismemberment
- Significant disfigurement
- Fractures
- Loss of a fetus
- Permanent loss or limitation of a body function, system, or member
- A medically diagnosed, non-permanent injury that substantially limits daily activities for at least 90 of the 180 days following the accident
Can Bars or Restaurants Be Held Liable for Drunk Driving Collisions in New York?
Yes. New York’s dram shop law allows individuals injured by intoxicated persons to take legal action against the person or establishment that unlawfully sold or provided alcohol to the driver.
It is illegal to sell alcohol to individuals who are either under 21 or visibly intoxicated. To establish liability under New York’s dram shop statute, an injured party must show:
- The individual was injured by an intoxicated person
- The sale of alcohol to that person was unlawful
- The unlawful sale contributed to the person’s intoxication
Bar receipts, surveillance footage and testimony from witnesses are often critical pieces of evidence in these cases.
Frequently Asked Questions
What if the Drunk Driver Was Uninsured?
If the at-fault driver that hit you in New York was uninsured, you may still have options. You may be able to:
- Pursue a dram shop lawsuit against the alcohol vendor that overserved the driver
- File a claim under your uninsured motorist (UM) policy
- Use no-fault benefits to obtain reimbursement for medical expenses and certain lost wages
How Dangerous Are Drunk Driving Collisions?
Drunk driving is extremely dangerous. It places everyone on the road at risk. Intoxicated drivers are responsible for more than 17,000 deaths each year—about one fatality every 30 minutes.
If I Was a Passenger in a Drunk Driving Collision, Can I File a Lawsuit?
Yes. If you were injured as a passenger in a collision involving a drunk driver, you may be able to file a personal injury lawsuit to recover damages for your injuries and other losses.
Speak With a Drunk Driving Accident Lawyer at Lever & Ecker
Being injured in a drunk driving accident can cause devastating physical, emotional and financial harm. While you focus on getting the medical care you need, the lawyers at Lever & Ecker will handle the legal process and fight to secure the full and deserved compensation you are entitled to recover.
With offices in White Plains, the Bronx and Queens, we represent individuals injured in drunk driving collisions across New York State, including all five boroughs of New York City, all of Westchester County and the surrounding areas. If you cannot come to us, we will come to you at your home or in the hospital.
To speak with an attorney about your legal rights and next steps, contact Lever & Ecker online or by phone:
- White Plains: (914) 288-9191
- Bronx: (718) 933-3632
- Queens: (347) 391-6337
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