Westbury Drunk Driving Accident Lawyer

Being involved in a car wreck can be a traumatic experience. Unfortunately, the aftermath of such a situation can become significantly more complicated when one or more of the parties involved in the accident was under the influence of alcohol.

If you suffer injuries in a wreck caused by an intoxicated driver, an experienced Westbury drunk driving accident lawyer could help you assess the situation and navigate the legal issues involved. With help from a dedicated car accident attorney, you may be able to recover compensation for all your injuries and losses.

Recovering Compensation from a Drunk Driver

As a no-fault car insurance state, New York typically requires someone injured in a car accident to file a claim with their own insurance company. However, a driver may file a claim against another motorist who caused a serious injury and was found to be negligent. Some serious injuries may include:

  • A permanent loss of function in one part of the body
  • Limited use of a bodily function or system
  • Disfigurement
  • A bone fracture
  • A substantial disability that lasts for 90 days or longer

If an injury meets one of these requirements, an at-fault driver may be held responsible for the wreck, and an injured party could pursue a claim for compensation. Depending on an individual’s losses, a claimant may be eligible to recover both economic and emotional damages.

Some economic damages may include lost wages as well as current and future medical expenses. Noneconomic losses are subjective and may vary depending on the situation. Some of these damages may include pain and suffering, and mental anguish. A Westbury attorney could assess someone’s injuries following a crash caused by a drunk driver and determine what kinds of compensation they may be eligible to recover.

Comparative Fault

While someone seriously injured in a crash may be able to seek compensation from an at-fault driver, there may be a limit to this award if the claimant contributed to the wreck. If a court finds that an injured party is partially to blame for their injuries, they may reduce this person’s compensation by their percentage of fault.

However, it is important to note that this matter can become more complex if one of the parties involved was under the influence of drugs or alcohol at the time of the accident. A Westbury lawyer with experience litigating drunk driving accident cases could review a claimant’s circumstance and figure out what to do next.

Dram Shop Laws

State law gives a right of action to recover damages against any person who unlawfully sold alcohol that contributed to or caused intoxication that resulted in an injury. Dram shop laws may permit a lawsuit against a bar, bartender, or establishment that continued to sell alcohol to someone who was already visibly intoxicated.

However, dram shop cases can be complicated and difficult to prove, so anyone who feels an establishment may have improperly served alcohol to a driver who subsequently caused a crash should contact legal counsel. A qualified legal professional in Westbury could evaluate the specific details of a drunk driving crash and determine if there is enough evidence to pursue a dram shop case.

Talk to a Westbury Drunk Driving Car Accident Attorney

If you someone who was drinking and driving caused you to get involved in a crash, there may be numerous legal issues to untangle, including medical reimbursement, automobile insurance claims, property damage, and potentially even criminal charges. A Westbury drunk driving car accident lawyer could help you untangle these issues, understand their ramifications, and work to keep your best interests in mind. Call today to learn more.

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