Recover for Injuries Sustained in an Accident with a Drunk Driver
New York Drunk Driving Accident Attorneys Help Victims Hold all Parties Responsible for Injuries
New York drunk driving attorneys know the grim statistics about drunk driving accidents, and we see an alarming number of cases involving the injuries and fatalities that result. When an impaired driver gets behind the wheel of a motor vehicle, he or she may be putting hundreds and sometimes thousands of innocent drivers, passengers, and pedestrians at risk. Drunk or high drivers can speed, lose control of their car, cross dividers and even travel in the wrong direction on a highway or city street. Any one of these actions can result in horrible injuries and death to nearby travelers.
At times, a drunk driver is arrested and faces criminal prosecution. It is a certainly good for everyone when a drunk driver loses his or her driver’s license or faces jail time for causing a fatality. But the criminal justice system does not compensate the accident victim who must live with physical and emotional injuries caused by a drunk driver. It does not pay the victim’s medical bills or lost income or provide financial support to the widow of a breadwinner who died.
There are, however, civil remedies that may be available after you are injured by a drunk driver. New York drunk driving accident attorneys at Leeds Brown can help you determine the best way to proceed to try and recover the most monetary compensation to which you are entitled. Our lawyers can ensure that you hold all responsible parties accountable for an accident, not just the drunk driver. We can investigate the facts of your case, collect the evidence you need and present it in a compelling manner to a big insurance company or in a court of law. Leeds Brown can take care of your claim while you tend to your recovery and the needs of your family.
New York Dram Shop Laws: Attorneys Hold Bar-Owners Responsible for Drunk Driving Accidents
As reported by Mothers Against Drunk Driving (MADD), in 2014 almost 10,000 people died in drunk driving crashes and 290,000 suffered injuries. They further reported that drunk driving involvement in fatal crashes that same year was four times higher at night than during the day and higher on the weekends than during the week.
Many of these accidents result when a drunk individual leaves a bar or party. Of course, a drunk driver is responsible for his or her actions. But there are times when others may hold some responsibility as well. Did anyone notice the person was drunk? Did someone have a duty to stop the driver from getting behind the wheel? Does anyone other than the drunk driver ever have a responsibility to protect the safety of innocent people on the road? The answer is: sometimes.
New York drunk driving accident lawyers at Leeds Brown can determine if your accident falls under New York dram shop liability laws. Under New York law it is unlawful to sell alcohol to anyone who is “visibly intoxicated” or anyone who is apparently or actually under 21 years of age. When a vendor such as a bar, restaurant, liquor store or convenience store violates this law, it may be held liable for injuries caused by drunk driving accidents that follow.
To succeed in a case under Dram Shop law you must prove three elements:
- That you were injured by an intoxicated person
- That there was an unlawful commercial sale of alcohol to the intoxicated person
- That the sale of alcohol caused or contributed to the accident that caused your injuries
The difficulty in proving a case under this law often lies with the issue of visible intoxication. It is not always clear to others when someone is drunk. It may take time before an intoxicated individual shows outward signs of drunkenness and different people have different tolerances to alcohol.
Experienced drunk driving accident attorneys can help you prove that the unlawful sale of alcohol contributed to your injuries and can hold the bar owner or store owner responsible for monetary damages. The New York drunk driving accident lawyers at Leeds Brown have the resources to find and interview witnesses, collect evidence, and present your case to ensure that every party responsible for your injuries is held accountable.
Some examples that might fall under New York dram shop laws are:
- A man staggers into a bar and with very slurred speech demands a strong drink. After guzzling the entire glass, he falls, gets back up and with car keys in hand, he stumbles out the door and into his car. He subsequently speeds away, crosses a double yellow line, and crashes head-on into a car, causing injuries to the driver and passengers. The bar may be liable for the injuries under the dram shop act.
- A 16-year-old girl who looks her age purchases alcohol from a liquor store owner who did not ask for ID. She becomes intoxicated and is involved in a car accident, causing fatal injuries to another driver. The liquor store may be liable for damages under the dram shop act.
- A vendor who sells alcohol to a non-visibly intoxicated 21-year-old customer is not responsible for an accident caused by that customer.
New York Drunk Driving Accident Lawyers Recover Damages Under Social Host Laws
Various counties in New York also have a social host law, the purpose of which is to deter underage drinking. A social host refers to an adult who furnishes alcohol to minors on their property or permits underage drinking on their property. The wording of the law can vary in different locations, but the message is the same. Parents and guardians may not knowingly allow the consumption of alcohol on their premises. They must also, upon discovering alcohol consumption by minors, take reasonable corrective action.
Should you become injured in an accident with an underage drinker, you may be able to hold the social host liable for your injuries. The New York drunk driving accident lawyers at Leeds Brown can determine if there is an applicable social host statute and, if so, can help you proceed with collecting damages from everyone responsible for your injuries.
Statute of Limitations in NY
Every state has a statute of limitations which sets a limit on the time you have to file an action. For drunk driving accidents under dram shop and social host laws, like other personal injury cases, the time limit to file a claim is usually three years. There are variations in the rules, so it is important to consult a lawyer as quickly as possible to make sure your time does not expire. Protect your rights to recover damages.
Contact New York Drunk Driving Accident Attorneys
The injuries that result from an accident with a drunk driver can be devastating. A victim may require surgery to repair internal damage, have broken bones, and psychological trauma from the accident. Of course, in the event of a fatality, the victim’s family can suffer serious financial and emotional hardship due to the loss of their loved one.
After an accident, you may not be in any shape to address issues of liability and responsibility, especially if you are trying to regain your health and strength. Contacting New York drunk driving accident lawyers at Leeds Brown is the best way to ensure that your rights are protected. Our experienced lawyers can navigate your drunk driving claim and see to it that no stone is left unturned. We will seek to recover damages from every party responsible. If someone violated the dram shop or social host laws, we will work tirelessly to see that the individual is held accountable for your injuries.
By speaking with an attorney at Leeds Brown, you can be confident that your case will receive the proper, hands-on attention it deserves. Our firm has recovered millions of dollars for personal injury victims. While we can’t guarantee results, we can promise you that our dedicated and passionate lawyers will vigorously advocate for your right to recover compensation for your injuries. Whether it is money for lost income, medical expenses or pain and suffering, the New York drunk driving accident attorneys at Leeds Brown will fight for every penny to which you are entitled.
Someone is available to take your call 24/7 at 1-800-585-4658. Call today.