When it comes to determining fault in car accidents involving drunk drivers, many people assume the intoxicated driver is automatically to blame. However, in New York, drunk drivers are not always at fault in an accident. While driving under the influence (DUI) is a serious offense that can contribute to an accident, fault is determined based on the circumstances surrounding the crash.If you have been in a crash caused by a drunk driver, our Long Island car accident lawyers can explain how fault is established and your options for pursuing compensation during a free consultation.
How Is Fault Determined in a Drunk Driving Accident?
In New York, fault in motor vehicle accidents is established by examining the actions of all parties involved. Even if a driver is intoxicated, they may not be fully or solely at fault if other factors contributed to the accident. For example:
- Comparative negligence in New York: New York follows a pure comparative negligence system. This means that fault can be divided between parties based on their percentage of responsibility. If you are partially at fault for the accident, your percentage of fault will reduce your compensation. For example, if you are found 20% responsible, your damages will be reduced by 20%.
- Evidence matters: Proving fault involves evidence such as police reports, witness testimony, accident reconstruction, and medical records. If the drunk driver’s intoxication clearly caused the crash, they will likely bear most of the responsibility.
Circumstances Where a Drunk Driver Might Not Be Fully At Fault
While driving under the influence is illegal and reckless, it does not guarantee that a drunk driver will always be 100% liable for an accident. For example:
- Unforeseeable events: If the accident was caused by an unforeseeable mechanical failure or another driver’s negligence, the drunk driver might not bear full responsibility.
- Shared fault: If you made a sudden illegal maneuver, such as running a red light or failing to yield, your actions could contribute to the accident.
Our experienced attorneys can investigate your case and pursue compensation for you.
What Compensation Is Available After an Accident With a Drunk Driver?
Victims of accidents involving drunk drivers may be able to recover various types of compensation, including:
- Medical bills: Coverage for emergency care, hospital stays, surgeries, medications, and ongoing treatment.
- Lost income: Reimbursement for pay lost due to your injuries, including future earnings if your ability to work is affected.
- Pain and suffering: Compensation for physical and mental pain, emotional distress, and impaired quality of life.
- Property damage: Payment for repairs or replacement of your damaged vehicle.
If the drunk driver’s behavior was particularly egregious, you might also be eligible for punitive damages, which are intended to punish reckless conduct and deter similar actions.
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Seeking Damages After an Accident With an Uninsured Drunk Driver
If the drunk driver responsible for your accident does not have insurance, you may still have options to recover compensation:
- Uninsured motorist (UM) coverage: In New York, residents shopping for auto insurance will find policies that include uninsured motorist coverage. This allows them to recover damages for medical expenses, lost income, and more from an insurer if the at-fault driver lacks coverage.
- No-fault insurance: New York is a no-fault state, meaning your personal injury protection (PIP) coverage will cover your initial medical bills and lost income, regardless of who was at fault for the crash.
- Legal claims against the drunk driver: Even if the driver doesn’t have insurance, you may file a lawsuit to seek compensation directly from their personal assets.
How Can a Car Accident Lawyer Help in a DUI-Related Accident?
If you’ve been injured in an accident caused by a drunk driver, navigating the legal process can be overwhelming. Our team of Long Island personal injury lawyers can assist you by:
- Investigating the accident: Collecting evidence to establish fault, including police reports, traffic camera footage, and witness statements.
- Negotiating with insurers: Dealing with insurance companies to ensure you receive a fair settlement.
- Filing a lawsuit: If necessary, your attorney can represent you in court to pursue the compensation you deserve.
- Exploring uninsured driver options: Helping you file claims through uninsured motorist coverage or pursuing direct legal action.
With our knowledge of New York state laws, we will build a compelling case to protect your rights and maximize your recovery.
What Should You Do After an Accident with a Drunk Driver?
If you’ve been in an accident involving a drunk driver, follow these steps:
- Call 911: Report the accident and ensure police arrive to document the incident.
- Seek medical attention: Even if your injuries seem minor, have a doctor examine you and document your condition.
- Collect evidence: Take photos of the scene, exchange information with other drivers, and gather witness contact details.
- Contact our attorneys: You can speak to us to explore your legal options after the accident.
Is a Drunk Driver At Fault in Your Accident? Call Us to Find Out
Accidents involving drunk drivers can result in devastating injuries and significant financial losses. While drunk drivers are not always at fault in an accident, their impairment can play a key role in causing crashes. New York’s comparative negligence laws make it important to understand an attorney can work toward recovering fair compensation for you, even if fault is shared. Levine And Wiss will lead your case, handle negotiations with insurers, and take legal action if necessary. We have secured hundreds of millions of dollars in compensation for our clients, backed byover a century of combined legal experience. If you’ve been hurt, don’t wait—contact us today for a free consultation to discuss your legal options. We are available 24/7.
