Drunk Driving Accident Lawyer in New York City
For more than 100 years the DUI car accident attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have represented individuals who have been severely injured or lost family members due to the negligent and reckless conduct of drunk drivers. Contact us at (212) 943 1090 for a free consultation.
To say that driving while intoxicated is a dangerous event is an understatement. Simply put, motorists who drive while intoxicated risk not only their own lives, but the health, safety and well being of innocent individuals.
- What Should I Do if I Have Been Injured in a Drunk Driving Accident?
- How Can a Drunk Driving Accident Attorney Help Me?
- Can I Hold the Drunk Driver Accountable for My Injuries?
- What Compensation Can I Seek in a Drunk Driving Accident?
- What if the Drunk Driver Who Hit Me Has Inadequate Insurance to Cover My Damages?
- What Is the Dram Shop Law?
- How to Win a Dram Shop Lawsuit in NY State?
- What Are Some Examples of Drunk Driving Accident Cases Won by Our NYC Car Accident Attorneys?
If you've been injured in a drunk driving accident, it's important to prioritize your health and safety first. Seek immediate medical attention for yourself and others involved in the accident. Afterward, contact law enforcement to report the incident. Then, consult with a drunk driving accident lawyer who can help protect your rights and guide you through the legal process.
Drunk driving accident attorneys can provide several valuable services to a victim of drunk driving accident, including:
- Investigating the accident, collecting evidence, and determining liability.
- Representing your interests in negotiations with insurance companies.
- Building a strong case and advocating for your rights in court, if necessary.
- Assessing the full extent of your damages and pursuing fair compensation.
- Guiding you through the legal process
- Answering your questions, and providing support during a challenging time.
Drunk driving accident victims can hold the drunk driver accountable for your injuries and losses. In addition to any criminal charges they may face, you have the right to file a civil lawsuit against the impaired driver seeking compensation. A drunk driving accident lawyer will help build a strong case on your behalf and pursue a claim against the responsible party.
In a drunk driving accident case, you may be eligible to seek various types of compensation, including medical expenses, property damage, lost wages, pain and suffering, emotional distress, rehabilitation costs, and in some cases, punitive damages. An experienced lawyer can assess your case's specific circumstances and help determine the appropriate compensation to pursue.
Often, the drunk driver who caused the accident has insufficient insurance coverage to fully compensate those who have suffered life changing injuries or those who suffered the death of a loved one. In New York, an attorney must conduct a thorough investigation of the accident as soon as possible after the event to determine if others might also be responsible for the incident. For example, the bar or club where the defendant drank might be responsible under New York’s Dram Shop Law. Appropriate and detailed investigation of the bar or club is crucial to successful prosecution of this type of case
In New York the General Obligation Law Section 11-101(1) (Dram Shop Act) is a legal provision that holds establishments, such as bars, restaurants, and taverns, liable for injuries or damages caused by individuals who were served alcohol at their premises. The law is named after the term "dram shop," which historically referred to establishments that sold alcohol by the dram (a small unit of measurement).
Under New York's Dram Shop Law, an injured party can bring a civil lawsuit against a licensed establishment if they can prove that the establishment unlawfully sold or provided alcohol to someone who was visibly intoxicated or under the legal drinking age (21 years old in New York). The law recognizes that serving alcohol to an already intoxicated person can contribute to their impairment and increase the likelihood of accidents, such as drunk driving or other injuries.
To succeed in a dram shop claim, the injured party needs to demonstrate the following elements:
- The establishment served alcohol to a person who was either visibly intoxicated or under the legal drinking age.
- The defendant establishment's sale or provision of alcohol was a substantial factor in causing the injuries or damages suffered by the plaintiff.
It's important to note that the law applies to commercial establishments with a liquor license and not to social hosts who serve alcohol at private events. Additionally, New York's Dram Shop Law does not impose criminal liability but rather allows individuals to seek compensation for their injuries through civil litigation.
The specific details and requirements of the Dram Shop Law may vary, so A thorough understanding of the laws surrounding a claim of Drunk Driving is essential for a successful recovery. Our lawyers have expertise in this field that is, simply put, unparalleled. Our results in settlement and verdict are larger than any other firm in New York.
The following are representative cases of this type of claim:
- The first involved the claim of a young mother and father who were driving to pick up their one month old baby boy when they were struck by a drunk driver. The impact was severe. The husband was killed; the wife suffered life changing injuries. The case, which was fully litigated at the trial and appellate Court levels, resulted in an award to the victims of Ten Million Dollars ($10,000,000.00). Our Managing Partner Ben Rubinowitz litigated this case at the trial court level and then successfully argued the case before the highest Court in the State, the New York Court of Appeals winning a 7-0 decision in our client’s favor.
- The next case involved the death of a husband as a result of being struck by a Drunk Driver. The insurance coverage was limited to the amount of $5,000,000. As a result of our thorough investigation and prosecution of this matter, the case settled for the policy limits, Five Million Dollars ($5,000,000.00).
- Another case we resolved stems from an accident that took place a few years ago. At that time a 23 year old woman was driving with her 4 year old child who was seated in the back seat of her car in a car seat. Unbeknownst to them, a Drunk Driver was headed toward them on a collision course. As the cars approached each other, the Drunk Driver crossed over the double yellow lines, crashing into our client’s car. The mother was killed; the child survived. The Drunk Driver was prosecuted criminally and was convicted of, among other things, Criminally Negligent Homicide. Our job, as the civil attorneys for the surviving child, was to prosecute a civil claim for the wrongful death of the mother. Additionally, due to our expertise in the field, we successfully brought a claim for Zone of Danger Damages suffered by the child in witnessing her mother’s death. The case was resolved for a record result: Eight Million Dollars ($8,000,000.00), which, at the time, was the largest award in the State for this type of claim.
If you or a loved one has been injured through the negligent, careless and reckless conduct of a Drunk Driver call our Manhattan office at 212-9431090 for a free consultation with the DUI accident attorneys at Gair, Gair, Conason, Rubinowitz, Bloom Hershorn, Steigman & Mackauf. We will give your case the individual attention it deserves.