Content reviewed by:
Alex Shulman
A drunk driver didn’t lose control of their car. They made a choice: to drink, to get behind the wheel, and to put everyone around them at risk. When that choice lands you in the hospital, you’re entitled to more than a standard insurance payout. A drunk driver lawyer in Babylon can help you pursue the full consequences of what that decision cost you.
At Shulman Hill, we’ve recovered over $1 billion for personal injury clients across New York. We represent the workers and families who can’t afford to let reckless behavior go unanswered. As your dedicated car accident lawyer in Babylon, we will pursue the full value of your claim, including damages that go beyond what a standard car accident case allows.
Call us today for a free consultation. You don’t pay anything unless we win.
Immediate Steps After a DUI Crash
What you do right after a drunk driving crash matters, both for your health and your case. Here’s what to do:
- Call 911 immediately. This is especially important in DUI crashes. Police will conduct field sobriety tests and breathalyzer tests at the scene, and the resulting report becomes critical evidence in your case.
- Don’t leave the scene. Stay until police arrive and a report is filed.
- Document everything. Photos of the vehicles, the road, your injuries, and any visible signs of impairment: open containers, erratic behavior, the driver’s condition.
- Talk to witnesses. Anyone who saw the crash or the driver’s behavior beforehand. Get their names and contact information.
- See a doctor right away. Even if you feel okay. Adrenaline masks pain, and injuries from high-impact crashes can take time to surface.
- Don’t give a recorded statement to any insurance company before speaking to a lawyer.
The police report from a DUI crash is one of the most powerful pieces of evidence you’ll have. A Babylon personal injury lawyer will use it to build the strongest possible case.
How Liability Works in Alcohol-Related Collisions
In a standard car accident, you have to prove the other driver was negligent. In a drunk driving case, that work is already done. Driving under the influence violates New York Vehicle and Traffic Law § 1192, and that violation establishes negligence as a matter of law. You don’t have to argue about whether they were careless. They were.
But liability in a DUI crash doesn’t always stop with the driver. New York’s Dram Shop Law (under General Obligations Law § 11-101) allows injury victims to pursue claims against bars, restaurants, or other establishments that served alcohol to a visibly intoxicated person who then caused a crash.
If the drunk driver was overserved before getting behind the wheel, the establishment that served them may share responsibility. A drunk driver lawyer in Babylon will investigate every angle, including where the driver was drinking and for how long, to identify every party that may owe you compensation.
How a Drunk Driver Lawyer in Babylon Proves Impairment With Evidence
In most cases, the police report does a lot of the heavy lifting. If the driver was arrested at the scene, failed a breathalyzer, or was charged with DUI, that evidence directly supports your civil claim. But even when criminal charges are pending or the driver wasn’t arrested, there are other ways to establish impairment:
- Breathalyzer and blood test results from the scene or hospital
- Field sobriety test results documented in the police report
- Witness testimony from people who observed the driver’s behavior before or after the crash
- Surveillance footage from nearby businesses, traffic cameras, or dashcams showing erratic driving
- Toxicology reports if the driver was taken to a hospital
- Bar or restaurant records showing what the driver was served and when, if a dram shop claim is involved
A Babylon drunk driving attorney will gather and preserve this evidence quickly. Criminal proceedings move on their own timeline, and waiting for a conviction before pursuing your civil claim can cost you valuable time and evidence.
Damages Available After a Drunk Driver Crash
In addition to standard damages (below), New York allows injury victims to seek punitive damages in cases involving egregious conduct, and drunk driving sometimes qualifies. Punitive damages aren’t about covering your losses, but punishing the defendant and sending a message. Beyond punitive damages, you may be entitled to compensation for:
- Medical expenses: emergency care, surgery, rehabilitation, and ongoing treatment
- Lost wages: income you couldn’t earn while recovering
- Loss of earning capacity: if your injuries affect your ability to work long-term
- Pain and suffering: the physical and emotional toll this has taken on your life
- Property damage: repair or replacement of your vehicle and belongings
- Loss of enjoyment of life: when injuries prevent you from living the way you did before the crash
A drunk driver lawyer in Babylon will calculate the full extent of your losses and fight to recover all of it.
Filing Deadlines and New York’s No-Fault Rules
New York is a no-fault state, which means your own insurance covers your initial medical bills and a portion of lost wages regardless of who caused the crash. You don’t have to wait for a criminal conviction or prove fault to access that coverage.
To pursue the full extent of your losses, your injuries need to meet New York’s serious injury threshold under Insurance Law § 5102(d). This includes broken bones, significant scarring, permanent or significant limitation of a body part or function, or being unable to perform your normal daily activities for at least 90 out of the first 180 days after the crash.
There are also strict filing deadlines depending on your situation, as little as 30 days for no-fault benefits, 90 days if a government vehicle was involved, and up to 3 years for a personal injury lawsuit or dram shop claim. Missing them can damage your case. A Babylon drunk driving attorney will identify which deadlines apply to you and make sure none of them get missed.
Talk to a Drunk Driver Lawyer in Babylon Today
You didn’t cause this. Someone made a choice, a reckless, illegal choice, and you’re the one living with the consequences. That’s not something you should have to deal with on your own, and it’s not something you should settle cheaply.
Shulman Hill fights for the people who deserve better. No upfront fees, no costs unless we win. If you were hurt by a drunk driver in or around Babylon, call us today for a free consultation. Every Borough. Every Block. New York, We Got You.