Drunk Driving Accident Lawyer in New York City

Were you injured or did a loved one died in a DUI/DWI accident?

For more than 100 years the NYC 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. 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) provides that an individual who has been injured (or killed) by an intoxicated person may recover monetary compensation from the server or seller of alcohol if it can be shown that the intoxicated person who caused the injury was “visibly intoxicated” when served alcohol. The Alcohol Beverage Control Law Section 65(2) makes it unlawful for anyone to sell, deliver or give away alcoholic beverages to any “visibly intoxicated” person.

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 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).

The most recent case was resolved this year. It 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 is the largest award in the State for this type of claim. (See Blog entry).

If you or a loved one has been injured through the negligent, careless and reckless conduct of a Drunk Driver call us. We will give your case the individual attention it deserves. If you are looking for a car accident lawyer NYC, we're here to ensure you get the care and representation you're owed.

 
Client Reviews
★★★★★
"Very compassionate, very efficient and top rate! If you want a team of good lawyers that will not only work hard to win your case but knows how to listen and feel for you as a victim of medical malpractice, this firm is your only choice. Anthony Gair, was always there for us all throughout the case albeit the distance from NY to Manila! Words cannot express how thankful we are to him and his team. Thanks a million!" D.F.
★★★★★
"Everyone I communicated with at this firm made me feel like I was part of their family. My needs, feelings, and concerns were carefully considered and given the needed attention. My counselors were available whenever I needed them and became my personal friends. They came highly recommended and lived up to their reputation. I would recommend them to any of my friends without hesitation. This firm gives attorneys a "good name". Clients matter here. They made me feel like I mattered as a person, that I was valued, and not just a possible source of income for the firm. They earned their fees, and you will find that they will also earn your trust." N.W.
★★★★★
I met Diana Carnemolla and Howard S. Hershenhorn during the darkest time of our lives, when my husband was in a coma with very little chances to survive, due to a car accident. The compassion and professionalism that they showed myself and my family during such a difficult time combined with an incredible willingness to get the best results for us have shown us that we had made the absolute best choice. They not only fought extremely hard for what proved to be a very difficult case, but they also emotionally helped us through this incredible ordeal and have been a caring advocate for our family and our case. They got us the best results we could have expected given the circumstances and didn't give up when things got more challenging. We would absolutely recommend their Law Firm to handle the toughest of cases while providing such a great deal of personal support. Diana proved to be personally invested in our case ultimately seeking the best outcome for our family. We cannot thank them enough for what they have done for us. V.P.
★★★★★
"I’m very impressed by the professional services of this law firm Gair Gair Conason. Most importantly Diana M.A. Carnemolla, Esq. She performed impeccable work ethics and professionalism whole time throughout, with her constant follow ups and communication skills, for that I’m very appreciative of. August 2020, my mother was in a horrific car accident. I contacted Gair Gair Conason to handle my mother's case. Everyone at the firm who helped us with the case did such a fantastic job with being so efficient. We could not have been more satisfied with the services we received. Diana M.A. Carnemolla, Esq. was so fast, quick answer for every question that we asked and gave us honest information about the possibilities concerning the case. She resolved our case much faster that I would expect. Thank you so much! I am very happy with this law firm. Especially the outcome from it all and how easy they helped make it be for us. We had a tough case to fight regarding the incident with the other driver, thankfully it all worked out in my mothers best interest. Diana M.A. Carnemolla helped us settle our case easily, helped us get out of it with a much needed win. I’m surprised it wasn’t as bad of experience as I thought it would be. We were pretty worried in the beginning with much thanks to this team they’ve helped solve this for my mother and put much of my worries as well as my mothers to ease. Thank you again from my family to your whole team for an awesome job!! I would highly recommend this law office to anyone in need of outstanding representation." K.C.
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