Long Island Drunk Driving Accident Lawyer
Alcohol-related accidents result in thousands of deaths each year, according to the National Highway Traffic Safety Administration. Driving while intoxicated (DWI), or driving under the influence (DUI) of drugs and alcohol, is a clear case of recklessness and negligence. A driver who drinks and drives chooses to put every other driver on the road at risk of injury or death.
While the criminal court system can punish a drunk driver who caused the accident, it does nothing to compensate the victim. For that, a civil personal injury claim is needed. At Goldstein & Bashner, our car accident attorneys have experience in handling legal claims for victims of drunk driving accidents throughout Long Island and New York City.
If you are the victim of a drunk driver or if a member of your family was killed in a drunk driving accident, it is important to understand your legal rights. Our Long Island drunk driving accident lawyers are always willing to sit down with you and answer your questions and fully discuss your case and legal options. En Español.
Can I Sue a Drunk Driver for Hitting Me?
Yes, you can absolutely sue a drunk driver for an accident that caused you harm. Our Long Island attorneys can pursue a drunk driving accident claim and help you get financial compensation for your injuries, medical expenses, lost wages, pain and suffering, and property damage from the drunk driver’s insurance.
While the drunk driver may also face criminal charges, you have the right to file a civil personal injury claim. A criminal case and a civil one are handled separately, but often share the same evidence. The main difference is that the state prosecutor seeks to punish the offending driver through the criminal case, but a civil claim seeks to compensate victims for their losses.
What Evidence Is Most Important to Proving Fault in These Claims?
The key to such a claim is determining who was at fault for causing the accident. When someone has a blood alcohol content (BAC) of 0.08 percent, they are considered legally intoxicated and are prohibited from operating a motor vehicle. If that person gets behind the wheel of a car with a BAC at or above this limit, they could be found responsible for causing the incident and held liable for the resulting injuries.
If the drunk driver was drinking at a bar or restaurant, there may be further damages to recover beyond the insurance policy of the driver. The Dram Shop Act permits the victims of drunk driving accidents to recover compensation from those parties that knowingly served alcohol to visibly intoxicated individuals who then go on to cause property damage or bodily harm due to their drunken state. So, the establishment could be included as a party to the claim and provide victims with another avenue to recover compensation. Our attorneys in Long Island could help you pursue compensation from all potential at-fault parties after a drunk driver harmed you.
When to Consult With An Attorney
If you are the victim of a drunk driver, please do not speak with an insurance adjuster without first consulting with one of our experienced lawyers. The insurance company’s goal is to close the matter as quickly as possible and pay you the least possible amount of financial compensation. Their representatives may encourage you to agree to a fast, cheap settlement offer that is likely far below the amount you deserve. Agreeing to such an offer can prevent you from recovering anything more, even if you need additional treatment or you have permanent complications. With a Long Island drunk driving accident attorney on your side, we fight for your rights and represent your interests against those of the insurance company. There are no upfront costs or worries; you only pay after a settlement or verdict is won.
Our law firm pursues the maximum financial compensation available. The legal team protects your rights and advances your interests, relieving you of the burden of handling insurance companies so you can focus on recovery. Our attorneys negotiate skillfully to reach a full and fair settlement. If the opposing party refuses to act reasonably, our trial team presents the case before a judge and jury when that path offers the best chance of achieving a just outcome.
Statute of Limitations
It is important to contact an attorney early, as there is a strict time limit on when your claim must be filed, known as the statute of limitations. In New York, the window for personal injury claims is two years from the date of the accident. So, it is vital to talk with an attorney as soon as possible after you have been hurt in an accident. You may still have a claim if the state decides not to file criminal charges, and the outcome of a criminal matter should have no effect on your civil case.
Contact a Long Island Drunk Driving Accident Attorney
Driving under the influence of alcohol or drugs is incredibly dangerous and not just for the driver, but for everyone else as well. If you have been hit by a drunk driver, or lost a loved one to someone’s reckless actions, an attorney at Goldstein & Bashner could help you.
Contact a Long Island drunk driving accident lawyer for a consultation today—there is no cost or obligation. We can sit down with you to discuss your case, explore your legal options, and let you know what we think is your best course of action that takes your needs and your family into account.
