Bay Shore Drunk Driving Car Accident Lawyer

Car crashes cause devastating injuries to people every year, especially those involving drunk drivers. If you were injured in a motor vehicle collision caused by a drunk driver and, you might benefit from the advice and counsel of a local car accident attorney. A Bay Shore drunk driving car accident lawyer could examine your situation and help you determine your legal options moving forward.

Criminal Liability for Driving While Impaired

Drunk drivers may be held criminally liable regardless of whether they cause an accident. New York Vehicle & Traffic Code Article 31 outlines alcohol and drug-related offenses for Bay Shore drivers. Drivers with a blood-alcohol level between .08 and .18 would be charged with driving under the influence. Levels above .18 are considered aggravated DUI.

Those who operate a vehicle while impaired for the first time may face a misdemeanor charge and face up to a year in jail, license revocation for six-months, and a fine between $500 and $1,000. Second-time offenders who drive under the influence of drugs or alcohol within ten years of their first conviction could be required to pay a fine from $1,000 to $5,000, serve up to four years in jail, have their license revoked for one year, and get an ignition interlock device installed into their vehicle. Those who commit a DUI for a third time within a five-year period might be subject to the following punishments:

  • Installation of an ignition interlock device
  • One-year or permanent revocation of a driver’s license
  • Up to seven years in jail, a community service sentence of between ten and 60 days
  • $2,000 to $6,000 fine

Holding a Drunk Driver Liable in Civil Court

Drunk drivers may face civil liability in addition to criminal charges. To bring a civil claim against a defendant driver, a claimant must show that they owed a duty of care, breached it, and subsequently caused otherwise avoidable damages. All drivers owe a duty of care to others they may encounter on the road, and driving under the influence violates their legal obligation to exercise reasonable caution. A Bay Shore drunk driving car collision attorney could help an injured plaintiff establish a defendant’s negligence for getting behind the wheel while impaired.

Seeking Damages for Drunk Driving Car Accidents in Bay Shore

Those injured in drunk driving car crashes may pursue damages against the negligent motor vehicle operator who caused their losses. A compensatory award could include economic, non-economic, and punitive damages. Punitive damages are awarded to punish a defendant for consciously disregarding others’ rights or for their willfully negligent and reckless behavior. The courts frequently award punitive damages in cases involving drunk driving.

Otherwise, a skilled impaired driving car wreck lawyer in Bay Shore could help a claimant seek economic damages to recover costs for medical expenses, attorney’s fees, and lost wages from having to miss work. Non-economic damages may cover more intangible losses such as pain and suffering and emotional anguish.

Statute of Limitations

The state’s statute of limitations places a time limit on a claimant’s right to file a civil claim in court. Generally, those injured by another party’s carelessness have three years to bring a lawsuit against responsible parties. Failure to file within the allotted time could result in losing the right to any compensation whatsoever.

How a Bay Shore Drunk Driving Car Accident Attorney Could Help

Getting injured in a car accident because of a drunk driver can be a frustrating and painful experience. Those who disregard other people’s safety and drive recklessly should be held accountable in civil court as well as criminal court. A Bay Shore drunk driving car accident lawyer could help you fight for your rights against resourceful insurance companies and opposing attorneys. To learn more about your potential recovery, schedule a consultation today.

©2024, Goldstein and Bashner All Rights Reserved | Disclaimer | Privacy Policy | "Captree Sunset" Photo Credit: Unique Images/Martin Losco