Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.
As drunk driving accident attorneys in New York, we are committed to fighting for the rights of victims and helping them secure the full compensation they are entitled to under the law.
Drunk driving accidents often result in severe injuries, significant property damage, and even fatalities. Navigating the complex legal system and dealing with insurance companies can be overwhelming for victims and their families. The Law Offices of Albert Goodwin can provide crucial guidance, support, and representation to help victims recover the compensation they deserve.
Holding drunk drivers accountable for injuries and losses
Victims of drunk driving accidents have the right to pursue a civil lawsuit against the intoxicated driver, regardless of the outcome of any criminal proceedings. Civil lawsuits allow victims to seek compensation for the damages they have suffered due to the drunk driver's negligence. The burden of proof in a civil case is lower than in a criminal case, making it easier for victims to hold the drunk driver accountable. Even if the drunk driver is not convicted of a criminal offense, victims may still be able to recover damages through a civil lawsuit. A civil lawsuit can provide a sense of justice and closure for victims, as they have the opportunity to confront the drunk driver in court and tell their story.
Criminal charges against the drunk driver, such as DUI or vehicular manslaughter, are separate from a civil lawsuit. While criminal charges may result in fines, license suspension, or imprisonment for the drunk driver, they do not typically provide compensation for the victim's losses. A civil lawsuit allows victims to pursue monetary damages to cover their medical expenses, lost wages, property damage, and other losses related to the accident. We can guide victims through the civil lawsuit process, working in tandem with criminal proceedings to protect their rights and interests.
Compensation available in drunk driving accident cases
Victims of drunk driving accidents may be entitled to various forms of compensation for their losses. Medical expenses are a significant component of damages, including hospital bills for emergency room visits, surgeries, and inpatient care, as well as costs related to doctor's visits, consultations with specialists, prescription medications, medical supplies, diagnostic tests, ambulance and emergency transportation, and future medical expenses related to ongoing treatment or complications arising from the accident.
Property damage is another area of compensation, which may include repair costs for vehicles damaged in the accident, replacement costs for vehicles that are deemed a total loss, damage to personal belongings inside the vehicle, rental car expenses while the victim's vehicle is being repaired or replaced, and towing and storage fees related to the accident.
Lost wages are also compensable, encompassing income lost due to time away from work while recovering from injuries, reduced earning capacity if the victim is unable to return to their previous job or must take a lower-paying position due to their injuries, loss of future income if the victim is permanently disabled or unable to work as a result of the accident, lost benefits associated with the victim's employment, and loss of promotion opportunities or career advancement due to the impact of the injuries on the victim's work performance.
Pain and suffering damages may be awarded for physical pain and discomfort caused by the injuries sustained in the accident, chronic pain or ongoing physical limitations resulting from the injuries, emotional suffering related to the trauma of the accident, loss of enjoyment of life due to the inability to participate in hobbies, social activities, or family events, and disfigurement or scarring resulting from the injuries.
Emotional distress is another category of damages, which may include compensation for post-traumatic stress disorder (PTSD) developed as a result of the accident, anxiety or panic attacks triggered by memories of the accident or situations that resemble the accident, depression or feelings of hopelessness due to the impact of the injuries on the victim's life, sleep disturbances related to the trauma of the accident, and strained personal relationships or social isolation due to the emotional impact of the accident.
Rehabilitation costs are also recoverable, such as expenses related to physical therapy sessions to help the victim regain strength, mobility, and function, occupational therapy to assist the victim in adapting to their injuries and relearning daily living skills, speech therapy for victims who have suffered brain injuries or other conditions that impact communication abilities, cognitive therapy to address memory loss, concentration difficulties, or other mental impairments resulting from the accident, and psychological counseling or therapy to help the victim cope with the emotional trauma of the accident and its aftermath.
In some cases, punitive damages may be awarded to punish the drunk driver for particularly reckless or egregious behavior and to deter others from engaging in similar conduct. These damages are awarded in cases where the drunk driver's actions showed a conscious disregard for the safety of others and may be available if the drunk driver had an exceptionally high blood alcohol content (BAC) level or had a history of previous DUI convictions. However, punitive damages are not awarded in all cases and are subject to the discretion of the court based on the specific circumstances of the accident.
Issues with drunk drivers having inadequate insurance coverage
When a drunk driver's insurance coverage is insufficient, it is crucial to conduct a thorough investigation to identify other parties who may share responsibility for the accident. This investigation may uncover evidence that the drunk driver was overserved at a bar, restaurant, or other establishment before the crash. Investigators may also look into whether the drunk driver was acting in the course and scope of their employment at the time of the accident, potentially making their employer liable. In some cases, a vehicle owner who negligently entrusted their car to a drunk driver may also be held responsible for the resulting damages. By identifying all potentially liable parties, victims can increase their chances of securing adequate compensation from multiple sources.
New York's Dram Shop Law
New York's Dram Shop Law, codified in General Obligations Law § 11-101, holds establishments that serve alcohol liable for damages caused by intoxicated patrons. The law recognizes that bars, clubs, restaurants, and other establishments have a duty to serve alcohol responsibly and not contribute to the problem of drunk driving. The Dram Shop Law provides a mechanism for victims of drunk driving accidents to seek compensation from establishments that unlawfully served the intoxicated driver. This law applies not only to businesses that sell alcohol, but also to individuals who host parties or events where alcohol is served, such as homeowners or social hosts. The purpose of the Dram Shop Law is to encourage responsible alcohol service practices and to provide an additional layer of protection for the public against the dangers of drunk driving.
To succeed in a dram shop claim, victims must prove several key elements:
- The establishment served alcohol to a visibly intoxicated person or someone under the legal drinking age of 21;
- The service of alcohol was unlawful, meaning the establishment knew or should have known that the person was visibly intoxicated or underage;
- The intoxicated person caused an accident after leaving the establishment;
- The victim suffered injuries, property damage, or other losses as a result of the accident; and
- The unlawful service of alcohol was a substantial factor in causing the accident and the victim's damages.
To prove visible intoxication, victims may rely on eyewitness testimony from other patrons or employees, security camera footage showing the intoxicated person's behavior, or receipts indicating an excessive amount of alcohol was served.
To prove underage service, victims may use evidence such as the underage person's driver's license or other identification, witness statements confirming their age, or social media posts or photos indicating their presence at the establishment.
Victims must also demonstrate a causal connection between the unlawful service of alcohol and the accident, showing that the intoxicated person's impairment was a substantial factor in causing the crash. This causal connection can be established through evidence such as police reports, accident reconstruction analysis, or toxicology reports showing the driver's blood alcohol content (BAC) level at the time of the accident.
By gathering and presenting strong evidence to support each element of a dram shop claim, victims can hold establishments accountable for their role in contributing to drunk driving accidents and secure additional compensation for their losses.
Navigating the complex legal process after a drunk driving accident can be overwhelming, especially when dealing with physical injuries and emotional trauma. We can provide invaluable guidance, support, and representation to help victims protect their rights and pursue the compensation they deserve. By contacting us for a free consultation, victims can gain a better understanding of their legal options and the strength of their case. You can call us at 212-233-1233 or send us an email at [email protected]. We represent drunk driving accident victims throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York.
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
