With many transportation options and rideshare apps in the Bronx, people might assume drunk driving accidents would decrease. However, the reality is quite different.
Drunk driving accidents account for nearly 2,000 motor vehicle accidents in 2022. There is an alarming number of accidents in the city, and it increases each year.
If you were in a car accident caused by a drunk driver, you could get money for what you lost.
Contacting a drunk driving accident lawyer in The Bronx can be very helpful if you want to receive the fairest compensation.
New York's Blood Alcohol Content (BAC) limits
In New York, a law prohibits drivers from getting behind the wheel when they have 0.08% or more blood alcohol content.
In the US, a regular drink is usually 5 ounces (about 148 milliliters) of wine with 12% - 14% alcohol.
To reach a BAC of 0.08, the legal limit for driving in many jurisdictions, you might need to consume around 4 to 5 standard drinks over a short period.
BAC can vary among individuals. Therefore, it is crucial not to drink and drive. This will ensure the safety of both yourself and others on the road.
The specific law in New York that addresses driving under the influence (DUI), including blood alcohol concentration (BAC) limits, can be found in the New York Vehicle and Traffic Law (VTL), specifically under Section 1192.
Zero tolerance laws for underage drivers
The Bronx, New York, has a strict rule against drinking alcohol and driving if you are underage. Underage individuals who have alcohol in their system while driving can face serious consequences and get into trouble.
Under the Zero Tolerance Law:
The legal drinking age in New York is 21.
Drivers under 21 with a BAC of 0.02% or higher can be charged for breaking the Zero Tolerance Law.
Breaking the Zero Tolerance Law can lead to losing your license, paying fines, and having to take an alcohol education course.
Subsequent violations can result in more severe penalties, including longer license suspensions and increased fines.
Commercial vehicle DUI standards
Commercial drivers of trucks, buses, and large vehicles have stricter rules for alcohol and drugs. This is because accidents involving these vehicles can lead to more serious problems.
Federal Regulations
The Federal Motor Carrier Safety Administration (FMCSA) sets national standards for commercial drivers operating in interstate commerce. These rules apply to drivers of big trucks that go between states or transport things or people across state lines.
The FMCSA has established a Blood Alcohol Concentration (BAC) limit of 0.04% for commercial drivers.
Under New York State law
Commercial drivers are subject to the same 0.04% BAC limit mandated by the FMCSA.
If a commercial driver has a BAC of 0.04% or more while driving a commercial vehicle, it is a problem. If that happens, they may be charged with driving under the influence in New York. This is following Section 1192 of the Vehicle and Traffic Law.
Penalties for commercial drivers convicted of DWI can include fines, license suspensions, and other consequences impacting their ability to drive professionally.
A commercial driver's first DWI offense can lead to a one-year ban from driving commercial vehicles. Subsequent offenses can lead to extended disqualification periods and, in some cases, lifetime disqualification.
Commercial drivers have stricter rules because their vehicles are big and heavy. They also transport dangerous materials, important people, and goods for the economy.
They also cross multiple states, so they must meet the national standard laws to drive over them.
Bronx Drunk Drivers Causing Injuries
Driving drunk is very dangerous for both other drivers and the drunk drivers themselves on public roads. They often ignore traffic signs and perform reckless driving.
Not to mention that high levels of alcohol in the blood affect their reaction times and cause drivers to make bad decisions.
If we sum all of these up, poor judgment, speeding, aggressive driving, and slowed reaction times only mean an inevitable accident that may take the lives of one or more innocent people at the wrong place at a bad moment.
If the victim does not lose their life in the car accident, they may sustain injuries from mild injuries to serious ones.
A list of potential injuries that can be found on drunk driving accident scenes is as follows:
- Traumatic brain injury (TBI)
- Whiplash
- Neck injury
- Broken bones
- Dismemberment
- Internal organ damage
- Spinal cord injury
- Burns
The Process After a Drunk Driving Accident
Experiencing a drunk driving accident can be overwhelming, but knowing what steps to take afterward is essential for your well-being and potential legal claims.
Here's a straightforward guide on what to do in the aftermath of a drunk driving accident in The Bronx:
1. Ensure Safety First:
After the accident, prioritize your safety and the safety of others involved. Move to a safe area and, if possible, turn on hazard lights to alert other drivers.
2. Seek Medical Attention:
Check yourself and others for injuries. If anyone is injured, call for medical help immediately. Your health is a priority, and documenting injuries promptly can also strengthen your case.
3. Contact Law Enforcement:
Call the police at the accident scene. A police report is crucial evidence for insurance claims and potential legal actions.
4. Document the Scene:
Take photos of the accident scene, vehicle damage, and visible injuries. These photos can provide substantial evidence later.
5. Gather Witness Information:
If there are witnesses, ask for their names and contact details. Their testimony can support your version of events.
6. Exchange Information:
Exchange contact, insurance, and vehicle information with the other driver(s) involved. Do not discuss fault or liability at the scene.
7. Avoid Discussing the Accident:
Do not discuss the accident with the other party, especially about fault or responsibility. Anything you say can be used against you later.
8. Report to Your Insurer:
Inform your insurance company about the accident. Provide accurate details without admitting fault. Cooperate with their investigation.
9. Preserve Documents:
Keep all documents related to the accident, including the police report, medical records, and communications with your insurer.
10. Consult an Attorney:
Reach out to a qualified drunk driving accident lawyer in The Bronx. They specialize in personal injury cases and can guide you through the legal process, ensuring your rights are protected.
Timely Filing
New York law has statute limitations for filing claims and lawsuits after an accident. Generally, you have three years from the accident date to file a personal injury lawsuit.
However, consulting with a DUI accident lawyer as soon as possible is advisable to understand your specific timeframe.
Compensation for Victims of Drunk Driving Accidents
If you've been a victim of a drunk driving accident in The Bronx, you have the right to seek compensation for the physical, emotional, and financial hardships you've experienced.
Knowing the different compensation options and how payment is calculated is crucial for recovering after a traumatic event.
Medical Expenses:
You can seek compensation for medical bills related to the accident, including hospitalization, surgeries, medications, rehabilitation, and ongoing medical care.
Lost Wages:
If the accident resulted in you missing work due to injuries, you can claim compensation for your lost income. This includes both current and future lost earnings.
Pain and Suffering:
Compensation can also account for the physical and emotional pain you've endured due to the accident and its aftermath.
Property Damage:
If your car or other things got damaged in the accident, you can get money back for fixing or replacing them.
Loss of Enjoyment:
If the accident has affected your ability to enjoy life as you did before, you can seek compensation for the loss of activities and experiences.
Calculating Potential Compensation
Calculating potential compensation you deserve involves considering both economic and non-economic damages:
Economic Damages
These are quantifiable losses, such as medical bills, lost wages, and property damage. Summing up these financial losses provides a base for compensation.
Non-Economic Damages
These are intangible losses like pain, suffering, and emotional distress. Calculating these damages is more subjective. Some use a multiplier (e.g., a factor of 1 to 5) of economic damages to estimate non-economic damages.
Punitive Damages:
In some cases, punitive damages may be awarded. These are intended to punish the at-fault party for egregious behavior, such as driving under the influence. However, New York has limitations on punitive damages, which are not commonly awarded.
Bronx Drunk Driving Accident Lawyer
Feeling confused and overwhelmed when hurt due to a drunk driving accident in The Bronx is common. You may feel a lot of pain, and the consequences of the injuries could last long.
The best representation you can find to obtain the fairest monetary compensation is at The Ward Law Group. Our team of experienced drunk driving accident lawyers can help you during difficult times.
Contact us at 855-DOLOR-55 for a free consultation, or chat online with one of our attorneys to get the answers you need.