If you or someone you love has been injured in a car accident caused by a driver under the influence of drugs or alcohol, Levine And Wiss are ready to lead your case and hold the negligent driver accountable for your injuries and losses.
Our Westbury car accident lawyers will pursue compensation and justice on your behalf while you focus on recovery. Driving while intoxicated (DWI) is a serious offense in New York State, and when it leads to accidents, the consequences can be devastating.
We will use over 100 years of combined legal experience as we fight to recover your damages. We have served thousands of clients and recovered hundreds of millions in settlements and judgments for them. We are not afraid to litigate or go to trial for you. Call for a free consultation.
What Is a DWI Charge in New York State?
In New York, driving while intoxicated (DWI) refers to operating a vehicle while impaired by alcohol or drugs. This includes:
- DWI (driving while intoxicated): A driver is considered intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the limit is 0.04%.
- Aggravated DWI: If a driver has a BAC of 0.18% or higher, they can face enhanced penalties.
- DWAI (driving while ability impaired): DWAI applies to impairment by alcohol (BAC of 0.05%–0.07%), drugs, or a combination of substances.
DWI and related offenses are dangerous because they impair a driver’s reaction time and judgment and dramatically increase the likelihood of serious or fatal accidents. People who have suffered injuries in DWI accidents may face extensive medical bills and other damages after a crash. Our Westbury personal injury lawyers commit time and resources to help you get the best possible case results.
Our Westbury DWI Accident Attorneys Will Handle Your Entire Case
We understand the emotional toll a DWI accident can have on accident survivors. We also know how difficult it can be to pursue a claim or lawsuit when you have injuries. We will provide guidance and support every step of the way.
Hiring our Westbury personal injury lawyers means you have someone who knows the law and will advocate for your interests. When we represent you, we will handle everything, including the following:
- Accident investigation: We gather evidence, such as police reports, witness statements, and surveillance footage, to build a strong case.
- Identifying all liable parties: Our team ensures that every responsible party, including establishments or social hosts under Dram shop laws, is held accountable.
- Negotiating with insurance companies: Insurance companies often try to reduce the money they pay out or dismiss claims for damages outright. We negotiate aggressively to secure a fair settlement.
- Court representation: If our negotiation talks with the insurance company don’t work out, we will take your case to court and fight for justice.
Levine And Wiss has extensive experience representing DWI accident victims in Westbury and throughout New York. Let us take the legal burden off your shoulders so you can focus on your recovery. Call us today for a free consultation.
Westbury DWI Accident Lawyer Near Me
888-468-4878DWI Accident Victims Can Demand Compensation for Various Damages
If you’ve been hurt in a DWI accident, you may be entitled to recover several types of compensation, including:
- Medical expenses: This includes hospital bills, surgeries, rehabilitation, medication, and future medical care.
- Lost wages: Compensation for income lost during recovery and reduced earning capacity if you cannot return to work.
- Pain and suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
- Property damage: Repair or replacement costs for your vehicle and personal property.
- Punitive damages: In cases involving extreme negligence, such as drunk driving, punitive damages may be awarded to punish the at-fault party and deter similar behavior.
Levine And Wiss is dedicated to securing the full and fair compensation you deserve to rebuild your life. We will thoroughly review all your losses and craft a legal strategy that seeks to recover what you need to move forward.
Wrongful Death Damages in a Westbury DWI Accident
Losing a loved one in a DWI accident is a devastating experience, and no amount of compensation can truly make up for the loss. However, filing a wrongful death action can help provide financial support and hold the negligent driver accountable.
In New York, wrongful death damages may include:
- Funeral and burial expenses: To cover the costs of laying your loved one to rest.
- Medical bills: Compensation for medical expenses incurred before your loved one’s passing.
- Loss of financial support: Recovery for the income and benefits the deceased would have provided.
- Loss of services: Compensation for household contributions, childcare, or other services the deceased performed.
- Loss of companionship: Damages for the emotional pain and suffering of losing a loved one.
At Levine And Wiss, our compassionate Westbury wrongful death lawyers are here to support you during this difficult time. We will handle the legal process so you can focus on grieving and healing while ensuring the at-fault party is held responsible.
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Who Can You Hold Liable for Damages in a Westbury DWI Crash?
In many cases, determining liability in a DWI accident is a straightforward matter since the at-fault driver was intoxicated. However, New York’s legal system requires evidence to prove fault and obtain compensation.
In addition to the intoxicated driver, other parties may share liability, such as:
- Bars and restaurants (dram shop laws): Under New York’s dram shop laws, establishments that serve alcohol to visibly intoxicated individuals or minors can be held liable if that person causes an accident.
- Social hosts: If a host serves alcohol at a private event and knowingly allows an intoxicated guest to drive, they may be held responsible.
- Vehicle owners: If the drunk driver was operating someone else’s vehicle, the vehicle owner may bear some liability under New York’s vicarious liability laws.
An experienced Westbury DWI accident lawyer can investigate the circumstances of your case, identify all liable parties, and pursue the maximum compensation available.
New York’s No-Fault Insurance and DWI Accidents
New York is a no-fault insurance state, which means your own insurance company typically covers medical expenses and lost wages up to a certain limit, regardless of who caused the accident. However, no-fault insurance does not cover pain and suffering or other damages.
If your injuries are deemed “serious” under New York law—such as disfigurement, bone fractures, or significant loss of a body function—you can step outside the no-fault system and file a personal injury lawsuit against the at-fault driver.
Our car accident attorneys in Westbury will handle these complexities while we work to recover the compensation you deserve.
We Must File Your Lawsuit for Damages by the State’s Deadline
In New York, strict statutes of limitations dictate how long you have to file a lawsuit for personal injury or wrongful death cases. Missing these deadlines can result in losing your right to seek compensation, so we will take prompt action in filing your case.
- Personal injury cases: Under NY CPLR § 214(5), you generally have three years from the date of the accident to file a personal injury lawsuit. This includes injuries sustained in DWI accidents caused by negligent or intoxicated drivers.
- Wrongful death cases: NY EPT § 5-4.1 sets a two-year deadline from the date of your loved one’s death. Only a personal representative of the deceased’s estate can file a wrongful death action. We can explain how the process works during your free consultation.
While these deadlines may seem straightforward, complexities can arise. For example, if the at-fault party is a government entity or if the victim is a minor, the timeline to file may differ.
Levine And Wiss will evaluate your case, meet all deadlines, and protect your right to seek justice and compensation. Don’t wait—contact us today to get started.
Our Westbury DWI Accident Lawyer Is Ready to Help – Call Us
A DWI accident can turn your life upside down in an instant, leaving you with painful injuries, mounting medical bills, and emotional trauma. At Levine And Wiss, we understand how overwhelming this time can be, and we’re here to take on your legal battle while you heal.
Our Westbury DWI accident lawyers will fight tirelessly to hold the negligent driver accountable and secure the compensation you deserve. Don’t let insurance companies reduce your claim or deny you the justice you’re entitled to. We have the experience, resources, and dedication to help you.
Call us today for a free, no-obligation consultation, and let us help you take the first step toward rebuilding your life. You don’t pay a penny unless we win. Contact Levine And Wiss now – justice starts with your call. Our legal team is available 24/7.