There is a wide range of severe and potentially life-threatening injuries that can result from accidents caused by drunk drivers, including spinal cord injuries, traumatic brain injury, and even death. Even when the driver is charged with a crime, the victims are sometimes not entitled to compensation to cover their expenses. Many times, this was due to improper handling of their case. A drunk driving accident is a serious matter and requires the attention of an experienced New York attorney. It would help if you took legal action against the negligent motorist to recover any damages caused by the accident. Developing a strong case is possible with the help of a New York accident attorney with experience in drunk driving collisions.
A New York car accident lawyer specializing in DUI accidents can assist you in building a solid personal injury claim to increase your chances of receiving maximum compensation for your injuries and losses. Remember that time passes, and so does your opportunity to assemble strong evidence supporting your claim. If you are the victim of a car accident involving a drunk driver, The Ward Law Group is here to guide you from start to finish until justice is served.
Drunk Driving Statistics in New York
According to the National Highway Traffic Safety Administration (NHTSA), 28% of all traffic fatalities in New York involve alcohol-impaired drivers. This figure is higher than the national average of 29%. In 2020, there were 307 fatalities resulting from alcohol-impaired driving in New York.
The New York State Department of Motor Vehicles (DMV) reports that in 2019, there were 5,246 alcohol-related crashes resulting in 285 fatalities and 4,191 injuries. Of these crashes, 2,528 resulted in property damage only.
- Queens: In Queens, there were 610 alcohol-related crashes in 2019, resulting in 22 fatalities and 467 injuries.
- Bronx: There were 466 alcohol-related crashes, resulting in 22 fatalities and 364 injuries in the Bronx.
- Yonkers: 71 alcohol-related crashes, including 2 fatalities and 50 injuries in Yonkers.
- Brooklyn: In Brooklyn. There were 881 alcohol-related crashes, resulting in 38 fatalities and 711 injuries.
- Spanish Harlem: There were 128 alcohol-related crashes, resulting in 5 fatalities and 99 injuries in Spanish Harlem.
What are the Legal Limits for DUI in New York?
In New York, the legal limit for Driving Under the Influence (DUI) is a blood alcohol content (BAC) of 0.08%. When your blood alcohol content (BAC) reaches 0.08%, you violate the law. This means that if a person’s BAC level is at or above 0.08%, they are considered legally intoxicated and can be charged with a DUI. You must maintain a blood alcohol level below 0.08 in New York to avoid DWI charges. However, even if your blood alcohol content is below that level, you can still be arrested, charged with a crime, and convicted.
New York law makes it illegal for a person to operate a motor vehicle with a BAC level of 0.08% or higher. According to Section 1192 of the New York Vehicle and Traffic Law, violators can face penalties such as fines, license suspension, and even jail time, depending on the circumstances of the offense.
New York Drunk Driving Laws and Regulations
New York has some of the country’s strictest laws when it comes to driving while intoxicated (DWI). Here are some of the unique rules and regulations related to drunk driving in New York and its surrounding boroughs:
Zero Tolerance Law: In New York, drivers under the age of 21 who are found to have a blood alcohol concentration (BAC) of 0.02 or higher can be charged with driving while ability impaired (DWAI).
Aggravated DWI: If a driver is found to have a BAC of 0.18 or higher, they can be charged with aggravated DWI, which carries stiffer penalties than a regular DWI. Aggravated DWI is a serious offense in New York, and the penalties for a conviction are severe.
Penalties involved in Aggravated DWI in New York:
- First Offense: For a first offense of Aggravated DWI, you can face up to one year in jail, a fine of between $1,000 and $2,500, and a license revocation of at least one year.
- Second Offense: If you are convicted of Aggravated DWI for a second time within ten years, you can face up to four years in jail, a fine of between $1,000 and $5,000, and a license revocation of at least 18 months.
- Third Offense: For a third offense of Aggravated DWI within ten years, you can face up to seven years in jail, a fine of between $2,000 and $10,000, and a license revocation of at least 18 months.
Leandra’s Law: It is a felony to drive drunk with a child under 16 in a vehicle. Leandra’s Law is a New York State law enacted in 2009 in response to the tragic death of Leandra Rosado, an 11-year-old girl who was killed in a drunk driving accident. The law has several consequences for those convicted of driving while intoxicated (DWI) with a child in the vehicle. Penalties for violating Leandra’s Law include a mandatory ignition interlock device and possible prison time.
What is New York’s Ignition Interlock Device?
In addition to these criminal penalties, you must install an ignition interlock device (IID) in your vehicle for at least one year. This device requires the driver to pass a breathalyzer test before starting the car. The ignition interlock device analyzes how much alcohol is in the driver’s breath and connects to the ignition system. The device won’t let the vehicle start until the driver gives it a suitable breath sample.
If a court orders an ignition interlock, the driver must install the system in every car they own. The device must be left in place for at least six months. Ignition interlock requirements will still appear on a driver’s record even if their licenses are revoked. The driver’s license will say “interlock device.”
The offender will also need to participate in an alcohol screening and treatment program as well as a Victim Impact Panel. It is important to note that Aggravated DWI is a felony offense, which means that a conviction can have serious long-term consequences, including difficulty finding employment and housing, loss of the right to vote, and difficulty obtaining professional licenses.
New York allows law enforcement to conduct sobriety checkpoints, where all drivers passing through a certain area are stopped and questioned. This is done to deter drunk driving and catch intoxicated drivers.
I’ve Been in a Car Accident Caused by a Drunk Driver in New York: What Should I Do?
If you are involved in a car accident with a drunk driver in New York, it is essential to take immediate action to protect yourself and your legal rights. Here are the steps to follow:
- Call the Police: Call 911 and report the accident to the police immediately. Provide them with accurate information about the accident and the driver who caused it. The police will investigate and will create an accident report.
- Seek Medical Attention: The first step is to seek medical attention for yourself and any passengers injured in the accident. Call 911 to request an ambulance if necessary. Even if you do not feel injured, getting checked out by a medical professional is essential, as some injuries may not be immediately apparent.
- Document the Accident Scene: Take photographs or videos of the accident scene, including the vehicle damage and any injuries sustained. Additionally, take note of the driver’s license number, license plate number, and insurance information.
- Do Not Speak with the Other Driver’s Insurance Company: Insurance companies may contact you and pressure you to provide a recorded statement or settle the claim quickly. Do not provide any information or agree to a settlement without speaking with an attorney first.
- Contact The Ward Law Group: Contacting a New York car accident lawyer with experience handling the complexity of drunk driving accident claims is essential. An experienced accident lawyer can advise you on your legal rights.
- File a Claim: Your accident lawyer can help you file a claim against the drunk driver’s insurance company to recover compensation for your medical bills, lost wages, pain and suffering, and other damages resulting from the accident.
- Attend All Medical Appointments: Attend all medical appointments and follow your doctor’s instructions to ensure you receive the necessary treatment for your injuries.
What Types of Damages Can The Ward Law Group Help Me Recover in a DUI Accident Claim?
Being the victim of a car accident caused by a drunk driver can result in serious physical, emotional, and financial damages. See the following examples:
Physical injuries: that victims may experience:
- Minor cuts
- Bruises
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- death
- Pain and suffering
- Loss of mobility or function
- Permanent disability
Emotional Injuries: In addition to physical injuries, victims of drunk driving accidents may also suffer emotional injuries. Here are a few examples:
- Emotional damages, such as anxiety, depression, and post-traumatic stress disorder (PTSD)
- Difficulty sleeping
- Nightmares or reliving the accident in their minds
Injuries can lead to extensive medical bills, including hospitalization, surgeries, and ongoing medical treatment.
Financial Damages: Financial damages are also a common consequence of a drunk driving accident:
- Loss of income due to missed work
- Repairs or a replacement vehicle.
- Ongoing medical treatment and rehabilitation, including physical therapy and counseling.
Fortunately, in New York, victims of drunk driving accidents have the right to pursue compensation for their losses and damages, and our experienced New York accident attorneys with expertise in alcohol-related accidents can help you obtain the compensation you deserve. Compensation for drunk driving victims in New York may include:
- Medical expenses: This includes all medical bills related to the accident, including hospitalization, surgeries, medication, and rehabilitation costs.
- Lost wages: If the victim had to miss work due to their injuries, they might be entitled to compensation for lost wages and any future earning capacity.
- Pain and suffering: Victims may be eligible for compensation for physical and emotional suffering from the accident.
- Property damage: If the victim’s vehicle or other property was damaged in the accident, they may be able to recover compensation for the cost of repairs or replacement.
- Punitive damages: In cases where the drunk driver’s behavior was reckless or egregious, the victim may recover punitive damages designed to punish the driver for their actions and deter others from engaging in similar behavior.
Contact a New York City Drunk Driving Accident Lawyer
An experienced New York accident attorney with extensive knowledge of alcohol-related accidents can help victims of drunk driving accidents file a claim and pursue the compensation they deserve. The Ward Law Group, for example, has a team of attorneys who specialize in these types of cases and can provide victims with the legal guidance and support they need.
Being the victim of a drunk driving accident can be a devastating experience. However, New York law allows victims to pursue compensation for their losses and damages. Working with an experienced attorney specializing in alcohol-related accidents, like The Ward Law Group, can help victims recover from their injuries and take back their lives. Call 855-DOLOR-55 today or contact us online for a free consultation!