Drunk Driving Car Accidents in Queens
Drunk driving car accidents in Queens can have devastating consequences. If you were injured in a crash caused by a driver who was under the influence of drugs or alcohol, you may have a strong case to recover damages from the negligent driver. Our experienced car accident attorneys at Goldstein & Bashner could help you pursue a claim through multiple pathways.
Injured victims should understand that criminal prosecution of the inebriated driver does not automatically result in reimbursement of their damages. Instead, you often need your own legal counsel to pursue any civil remedies and restitution that may be included in the drunk driver’s criminal sentence.
Establishing Liability After a Drunk Driving Accident Case
New York law states that someone operating a vehicle with a blood alcohol concentration above 0.08 percent has breached their duty of care to other drivers on the road. This is a key element in establishing liability for negligence, which is the precursor to recovering damages after a Queens drunk driving car crash. Once liability is established, injured motorists must then demonstrate that the negligence was the direct and proximate cause of the harm they suffered.
A skilled lawyer could help prove that a motorist was driving while intoxicated through evidence such as:
- Police toxicology reports following that motorist’s arrest
- A motorist’s own statements and admissions
- Reports from eyewitnesses who saw the motorist drinking before they drove
- Receipts and records from bars and other establishments that show the amount of alcohol the motorist may have consumed
If the injured party’s actions also contributed to the accident, verification of drunk driving can place greater liability on the intoxicated driver. This can be important because under state law, the damages an injured party may recover are reduced by their percentage of fault.
What Damages Can You Recover in a Drunk Driving Accident Claim?
When a driver is convicted of operating a vehicle under the influence in Queens, a New York court may order that driver to reimburse an injured party for their medical expenses, lost wages, and other tangible financial losses associated with the collision.
However, restitution is not an automatic component of a criminal sentence. The victim must submit a request to the prosecutor or a victim’s rights advocate to seek a restitution order. The amount requested must be thoroughly documented through invoices, receipts, and other evidence of financial losses. Our knowledgeable lawyers could compile these expenses and request a judge to impose restitution as part of the drunk driver’s penalty.
The injured victim may also file a civil lawsuit to recover damages not available through restitution, including non-economic losses such as pain and suffering.
Call a Queens Attorney About Your Drunk Driving Car Accident
Because the standard for civil liability is less strict than it is for criminal liability, victims of drunk driving accidents in Queens must only demonstrate that it is more likely than not that the negligent driver who caused their injuries was impaired.
Our seasoned attorneys at Goldstein & Bashner could help you pursue a damages claim through every available source and fight to recover the maximum compensation in your case. Call us today to schedule a consultation.
