NYC Drunk Driving Accident Attorney
If you’ve been injured in an accident with a drunk driver in NYC, do not hesitate to call Mirman, Markovits & Landau, P.C. for immediate legal assistance. You may be entitled to compensation from the drunk driver or another negligent third party. Our NYC personal injury lawyers will fight tirelessly to hold them accountable and maximize your financial recovery.
We offer a free consultation, so give our NYC law firm a call to schedule yours today. We’re always standing by to take your call when you need us most – 24/7/365.
Why Should I Call Mirman, Markovits & Landau, P.C. After a Drunk Driving Accident in NYC?
There’s no excuse for driving drunk. It’s reckless and can put lives in danger. If you’ve been injured in an accident with a drunk driver, it’s important for you to make them pay for the harm they’ve caused. However, getting money after an accident isn’t always easy. You’ve got enough going on right now without having to figure out a complicated legal claim on your own. Fortunately, you don’t have to.
Mirman, Markovits & Landau, P.C. has been standing up for injury victims in and around New York City for more than 40 years. Our team has a combined 200 years of experience handling cases like yours. We’ve recovered more than $1 Billion for our clients. If you’ve been hurt by an impaired driver, we’ll do everything we can to help you, too.
When you call us for help with your NYC drunk driving car accident injury case, we will:
- Gather evidence to prove that the other driver was under the influence of drugs or alcohol
- Interview witnesses and other victims who might have important details pertaining to your case
- Identify all liable parties
- Limit the impact of any claims made by the drunk driver that you are responsible for your injuries
- Consult with leading accident and injury experts as we build and value your case
- Negotiate with at-fault parties and insurance companies on your behalf, and
- Have our award-winning NYC trial lawyers argue your case in front of a jury of your peers, if necessary.
At Mirman, Markovits & Landau, P.C., our clients are like family. If you’ve been hurt, we’ll do everything we can to make things better. We appreciate that things can be really stressful after an unexpected accident. So, well handle all aspects of your injury case while you focus on yourself. All you have to do is give us a call today to set up a time to discuss your DUI accident case in detail. Your initial case assessment is free, so call now.
How Common Are Drunk Driving Accidents in New York City?
Driving under the influence of drugs or alcohol is incredibly dangerous. Sadly, it’s also quite common. The CDC reports that more than 1 million people were arrested for drunk driving in 2016. That’s a fraction of the number of people – 111 million – who admitted to driving under the influence.
Sadly, someone in the United States dies in a drunk driving accident every 50 minutes. So, drunk driving takes the lives of roughly 29 people a day. That’s more than 10,500 fatal drunk driving car accidents every year. Nationwide, drunk driving is a factor in more than one-quarter of all fatal traffic accidents.
What about in New York? According to a report by the CDC, there were 3,752 drunk driving deaths in the state between 2003 and 2012.
New York City also sees its fair share of drunk driving accidents. In 2018, alcohol was a contributing factor in 2,683 traffic accidents in the five boroughs. Crash data published by the NYPD reveals that drunk driving accidents peak in December and drop off significantly in January. For the rest of the year, drunk driving accidents happen fairly consistently.
How a Drunk Driving Arrest Might Help Your Injury Case
When you get hurt in an accident, you might be entitled to compensation from an at-fault party. In order to recover damages, you’ll have the burden of proving that this other person was negligent. To do this, you’ll have to establish that this other person breached a duty of care that they owed to you, and you suffered an injury as a result.
Negligence Per Se
Your drunk driving accident case might take a slightly different path, thanks to the legal doctrine known as “negligence per se.” Negligence per se means that there is a rebuttable presumption of negligence when someone violates a law that’s intended to prevent the type of harm that occurred. Simply put, you may have an easier time establishing your case and proving negligence if the driver who hurt you is arrested for driving under the influence (DUI).
New York State has laws in place that prohibit drivers from operating a motor vehicle under the influence of drugs or alcohol. One purpose of these laws is to prevent drunk driving accidents. If a driver violates the law by driving with an elevated blood alcohol concentration (BAC), you can use this to your benefit in your personal injury case.
In order to establish negligence per se, you must prove:
- The other driver violated a safety law
- In violating the law, the other driver caused the type of harm that the law was designed to prevent, and
- You were among those the law intended to protect.
In other words, you got hurt because someone drove under the influence in direct violation of New York’s penal code.
What is a Rebuttable Presumption?
When you invoke negligence per se, it’s easier for you to hold a drunk driver accountable for their actions. However, it’s important to consider that the doctrine creates a rebuttable presumption of negligence. This simply means that the burden shifts to the drunk driver. They’ll have the burden of proving that they weren’t drunk or didn’t violate the law. If they’re not able to do so, the presumption of negligence will remain.
We’ll Seek Damages From All Liable Parties
It’s important to make sure that you look at your drunk driving accident from all angles. It might be easy to blame the accident on the driver who was impaired by alcohol. However, there could be other factors at play. Other factors could have also contributed to your crash and resulting injuries. If this turns out to be the case, you may have a legitimate claim for damages against additional parties, as well.
New York has comparative negligence rules, meaning that anyone who shares fault for an accident can be liable for resulting harm. Our team of NYC drunk driving injury lawyers will carefully review the circumstances surrounding your accident. We’ll dig deep to determine every possible cause and, in turn, determine fault. Then we can seek damages from all liable parties. This might include other motorists, employers of negligent parties, and insurance companies.
Bars, Restaurants Might Be Liable For Your Drunk Driving Accident Injuries
You may also have the right to sue a bar or restaurant after a drunk driving accident. This is because New York has a dram shop law. Dram shop laws impose liability on establishments that sell or serve alcohol in certain cases. In New York, a bar can be liable for a drunk driving accident if it sells or gives alcohol to:
- Anyone who is actually or apparently under the age of 21;
- Any visibly intoxicated person; or
- A habitual drunkard.
If the person who caused your drunk driving accident consumed alcohol at a bar or restaurant in NYC and falls into one of these three categories, you might be able to recover comepnsation from that establishment.
Seeking compensation from multiple parties – especially those with deep pockets – can help to position you to recover maximum compensation.
What Damages Can I Get From a Drunk Driver After a Car Accident in NYC?
Following an auto accident in New York City, you might be entitled to compensation from negligent parties. Our personal injury team will demand all available economic and non-economic damages. This might include money for:
- Medical bills
- Property damages
- Pain and suffering
- Disfigurement and scarring
- Lost wages and income
- Disability, and more.
We’ll bring in experts as we build your case to help us appreciate and understand it better. The information and details these professionals provide can be critical as we assess what your case might be worth.
In some NYC DUI accident cases, punitive damages might also be on the table.
Will a Criminal DUI Case Affect My Civil Personal Injury Case?
Maybe. Criminal and civil cases are distinct. So, the drunk driver who caused your accident could possibly face criminal charges and be named in a civil lawsuit. If this happens, those cases can proceed simultaneously. However, it’s common for drunk drivers in these situations to file a motion to stay a related civil proceeding. In other words, the civil personal injury case is put on hold until the criminal case is resolved.
So, you might have to wait a little bit for the drunk driver to take a plea deal or try their luck in court. But, once the criminal case is over, your civil lawsuit can start right up back. The outcome of the related criminal case won’t necessarily have an impact on the outcome of your case. However, a conviction can certainly work in your favor.
It’s important to work with a legal team that understands the complexities of cases like yours. That’s why you shouldn’t hesitate to call Mirman, Markovits & Landau, P.C. if you’ve been injured by a drunk driver in New York City. We’ve been helping injury victims like you since 1977.
Let Our NYC Drunk Driving Accident Lawyers Help You Today
Were you injured because of an intoxicated driver in NYC? Has someone you love been killed by a drunk driver in the city? Call Mirman, Markovits & Landau, P.C. and schedule a time to discuss your legal rights and options with our compassionate NYC personal injury attorneys. Your first consultation is free and there’s a limited amount of time to act, so give our law office a call now.