New York City Accident With a Drunk Driver
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Content reviewed by: Alex Shulman
- Last updated: Jun. 18, 2024
When drunk drivers cause collisions in NYC, our team often steps in and helps the victim get justice. We believe in holding at-fault drivers accountable in civil cases and recovering fair damages for our clients.
An NYC car accident lawyer from Shulman & Hill may represent you and seek compensation for your accident-related damages after a crash caused by a drunk driver. We provide free consultations with our legal team. To learn more, contact us today.
Our Injury Attorneys Represent Victims of Drunk Driving Crashes Across NYC
Shulman & Hill serves clients in all five boroughs: Manhattan, Brooklyn, Queens, Staten Island, and the Bronx. We are New York’s premier personal injury law firm, fighting to recover compensation and get justice for our clients hurt by another’s carelessness and recklessness. This includes building civil cases against drunk drivers who cause collisions and injuries.
Every case is personal to us. We believe in fighting for the financial recovery our clients need and deserve. Our case results reflect more than $500 million won based on the unique details of our clients’ cases. We may be able to manage your case and seek compensation, no matter the complexity. We often accept difficult cases other firms may not.
We are a contingency fee firm, so we do not charge upfront or out-of-pocket fees. Instead, we use firm resources to handle your case and pay all necessary costs. Our clients only pay attorney’s fees if we win compensation for them.
Drunk Drivers Have an Increased Risk of Causing a Crash
When a driver gets behind the wheel after drinking, the risk of a collision increases significantly. According to the National Highway Traffic Safety Administration (NHTSA), alcohol affects driving in several ways, such as:
- Impairing judgment and decision making
- Blurry or double vision
- Increased difficulty in color distinction
- Slowed reaction time
- Poor coordination
Drunk driving leads to serious crashes, including fatal ones, nationwide. In New York City, there has been a disturbing increase in fatal crashes where at least one driver was driving while intoxicated (DWI). According to the New York City Department of Transportation (DOT), there were 43 DWI crash fatalities in 2021. The previous three-year average was 27 fatalities, marking a 60 percent increase in 2021.
To this end, NYC plans to advocate for legislation lowering the legal limit from .08 to .05 percent. This threshold applies to drunk driving criminal cases, called DWI in New York. It has little to do with the civil case our attorneys may file against the at-fault driver. However, our civil attorneys can use the evidence from police and the criminal trial to support our case in civil court.
Seeking Compensation in an NYC Drunk Driving Injury Accident
Many victims hurt by drunk drivers believe they only have one option after a crash: Their personal injury protection (PIP) no-fault policy. However, this is not always the case. Our lawyers often file liability insurance claims and lawsuits on behalf of clients hurt in collisions in NYC.
When a serious injury occurs, we may be able to help pursue additional compensation, including economic losses beyond your no-fault policy limits and non-economic damages. In NYS, to recover beyond basic economic loss and pursue damages for pain and suffering, you will need to prove that your injury qualifies as a “serious injury” under New York law. Our lawyers can discuss with you whether your injuries may qualify as a “serious injury” and pursue additional damages beyond no-fault insurance.
Shulman & Hill obtained a $1,600,000 settlement for a 53-year-old union bus driver
Shulman & Hill obtained a $1,500,000 settlement for a bus driver
Shulman & Hill obtained a $1,100,000 settlement for a 51-year-old Uber driver
Shulman & Hill recently obtained a $1,000,000 insurance policy tender for a client
Let a Car Accident Attorney on Our Team Seek Damages on Your Behalf
When one of our personal injury attorneys represents a car accident victim in NYC, we may pursue a range of expenses and losses to reimburse them for their damages fairly. This compensation varies from case to case but often includes the following:
- Past and future pain and suffering endured because of the accident
- Past and future medical expenses for accident-related injuries
- Past and future lost income from missed work
We also represent clients in wrongful death cases. If your loved one passed away from accident injuries, we can assess your options and discuss how to hold the drunk driver accountable.
Without first investigating the crash and documenting your damages, there is no way to know how much your accident case is worth. We know this is a common question during initial consultations, but unfortunately, there is no accurate early answer. We can offer more details and guidance when we meet.
How Our Car Accident Lawyers Navigate the Process to Recover Compensation
How we pursue compensation for our clients depends on many factors. We use the circumstances of each case and the details of what happened to determine our approach. Generally, there are two ways we may recover money damages. They include:
- Negotiating a fair settlement agreement with the at-fault driver’s insurance company
- Filing a lawsuit, preparing the case, and taking the case to trial
Sometimes, we file a car accident lawsuit and negotiate with the insurer concurrently. This way allows us to develop a solid case for trial while continuing talks and seeking a settlement to end the case. If we cannot agree to a fair deal before the trial date, our attorneys may go to court and present evidence to show:
- The drunk driver caused the collision.
- Our client suffered serious injuries.
- Our client deserves an appropriate payout.
We build strong cases to show what happened and how it affected our clients. We do not always need to prove the driver was drunk to recover compensation. In fact, we may secure a win in some cases when the driver won their criminal case and did not face a DWI conviction.
Common Evidence in NYC Drunk Driving Accident Cases
The evidence available to show what happened in your case may vary greatly from what we use to document other similar cases. Our attorneys know where to look for evidence. We obtain, analyze, and organize it to support our claim and lawsuit. Some common evidence in DWI crash cases include:
- The accident report filed by police, including any citations given
- Evidence in the DWI case against the driver
- Eyewitness statements
- Video or photos from the scene
- An accident scene survey
- Accident reconstruction
- Physical evidence
- Relevant medical records
- Expert testimony
- Documentation of damages
Responsibilities Our NYC Accident Attorney Can Take On for You
In addition to developing strong support for a claim or lawsuit, our attorneys have many other obligations during this time. If we represent you, you should expect our team to:
- Provide regular case updates
- Answer questions and address concerns
- Offer guidance and legal advice
- Protect your right to pursue fair compensation
- Meet all applicable deadlines
- Manage communication with the insurer and other parties
- Negotiate with the insurer to reach a fair offer
- Navigate the process according to the plan developed
- Represent your best interests throughout
There is no reason to wonder about your options or try to navigate a liability claim on your own. We represent victims of drunk drivers hurt in NYC crashes and may be able to help you get the money you need and deserve.
What Is the Deadline for Suing in a Drunk Driving Crash Case in New York?
Like other states, New York sets a deadline for filing a car accident lawsuit. This deadline is known as the statute of limitations. Under CPLR § 214, crash victims generally have up to three years to sue. Those filing a wrongful death lawsuit usually have two years to file, according to EPT § 5-4.1. However, there are exceptions that could alter these deadlines.
However, you may not want to wait to discuss your case with us and learn how we may be able to help you. Evidence may disappear in the weeks after a collision, so hiring a lawyer to manage your case early on is a good idea. Our team is here for you when you need us.
Speak to Our Team Member About Your NYC Drunk Driving Accident Case Today
Shulman & Hill provides free, no-obligation initial consultations for car accident victims in NYC. We want to discuss your crash, injuries, and legal options. A team member can assess your case and may offer advice on your next steps. We answer questions about applicable laws, the process, and our services.
Use our online contact form or call (866) 528-3139 to get started now.