What to Know About Suing a Drunk Driver After an Injury Crash in New York

Lever & Ecker, PLLC June 24, 2021 Car Accidents

New York is one of the most popular states in the country for a variety of reasons: the culture, the sights, and the sounds are all reasons why people from all over the world travel to visit the state. The nightlife is an especially well-known feature of life in New York. However, when people decide to drive after a night of drinking, the consequences can be devastating. 

Victims who have been involved in accidents with drunk drivers know firsthand just how dangerous and potentially fatal these incidents can be, depending on the nature of the crash. If you or someone you care about has been involved in a drunk driving accident and are considering pursuing a case against the drunk driver, there are a few important pieces of information that you need to know. 

Can I Sue a Drunk Driver After an Accident in New York?

One of the most common questions that victims ask after a serious drunk driving accident is whether or not they can pursue a case against the driver who caused the collision. In fact, as with any other case in which someone is injured as the result of a motor vehicle collision, a case involving a drunk driver rests on whether or not it can be proven that the drunk driver acted negligently and in a fashion that led directly to the accident and the injuries that the victim sustained.

Also, like any other motor vehicle accident case, if the victim suffered “serious injuries,” as defined under the law of New York, they can pursue a lawsuit for additional compensation for certain factors related to the collision. New York victims who have experienced serious injuries after a drunk driving accident can seek damages for: 

• Pain and suffering (past and future)
• Medical expenses (past and future)
• Lost income/wages (past and future)
• Out-of-pocket expenses
• Loss of enjoyment of life
• Possible punitive damages against a grossly negligent party
• Property damage
• More

Knowing how to approach the process of suing a drunk driver in New York is important, and requires victims to provide evidence that proves their side of the legal battle. Obtaining this proof can be difficult, especially if the victim is still healing from their accident-related injuries. An experienced personal injury lawyer with knowledge of drunk driving accidents can prove to be a valuable asset in these circumstances.

What Kinds of Injuries Are Considered “Serious” in New York?

The details of your accident-related injury determine whether or not it is considered “serious.” According to The Insurance Law of the State of New York, a serious personal injury is one that results in any of the following for the victim: 

• Death
• Dismemberment
• Significant disfigurement
• Bone fracture
• The loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of use of a body organ or member
• A significant limitation of use of a body function or system
• Injuries that prevent the victim from performing significant daily activities for at least 90 days out of the first 180 days after the accident (the “90/180 Day Rule”)

Anyone who has been involved in a New York drunk driving accident should immediately seek medical attention after the incident. Any official documentation that comes from a medical examination can be used as evidence in support of your New York drunk driving case. 

Dedicated Representation from Experienced Drunk Driving Lawyers in New York

Those who have experienced a serious drunk driving accident in New York state are likely to pursue a case against the responsible party, but it can be challenging without strong evidence and reliable legal representation. The team of renowned personal injury lawyers at Lever & Ecker is trained in helping clients all over the state of New York pursue compensation for their injuries related to drunk driving accidents. 

When you’re ready to move forward with your drunk driving case, contact Lever & Ecker at 914-288-9191 or 718-933-3632, or reach out to us online to schedule your consultation with one of our skilled lawyers in New York.