Drunk Driving Accident Lawyers

December 4, 2024
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Drunk Driving Accident Lawyers to Secure Justice

Drunk driving accidents can leave you with physical injuries, emotional trauma, as well as financial burdens. In New York, even though there are strict drunk driving penalties in place, victims of drunk-driving accidents still face a wide variety of challenges in seeking compensation. 

If you or your loved one has been involved in a drunk-driving accident in the Empire State, MB Injury Lawyer is here to help. At MB Injury Lawyer, our founder, Michael Benenati, and his team of experienced drunk driving accident lawyers can help you secure the justice you deserve and recover your compensation without legal and financial worries.

Book a consultation now, and let us help you get justice while you recover from the accident.

What Damages Can I Recover After a Drunk Driving Accident?

A drunk driving accident can leave you with a lot of financial and health-related worries. With the help of our experienced drunk driving accident attorneys, you can recover various damages. Some of the ones that you may be eligible for include these: 

1. Medical Bills

Drunk driving accidents usually involve emergency room visits, surgeries, hospital stays, rehabilitation of physical therapies, and ongoing treatments and use of medications to manage pain. Our DUI accident lawyers can help you file claims to get compensation for all your medical expenses.

2. Diminished Earning Capacity

If your injuries have impacted your ability to work in the present or in the future, then you can also claim compensation for your reduced earning potential with the help of our drunk driving accident lawyers.

3. Property Damage

A drunk driving incident can leave you with major wrecks and damages to your property. A drunk driving wrecks lawyer can help you recover compensation for the damages to your vehicle and personal property and get compensation for repairs and replacement. 

4. Mental and Emotional Distress 

Other than the financial losses that you have incurred, you are also eligible to get compensation for your non-economic damages, like the mental anguish and emotional distress that the accident has left you with. A lawyer can help you file drunk driving charges and claims that factor in your non-economic losses as well. 

5. Loss of Consortium

If the drunk driving accident has impacted your relationship with your romantic partner or spouse, then you are also eligible to recover compensation for loss of consortium. 

6. Loss of Life

A lot of the time, drunk driving accidents prove to be fatal. CDC data also shows that the US records more than 11,000 drunk driving deaths per year. If you have lost someone very close to you in a drunk-driving accident, our compassionate drunk-driving accident attorneys can help you file wrongful death claims and get compensation for the loss of companionship, financial support, and coverage for the funeral and burial processes of the deceased.

Can I Recover Damages If I Share Some Blame For The Accident?

YES, you can still recover damages according to New York’s Pure Comparative Negligence Law even when you share some blame for the drunk-driving accident. This law allows victims like you to get compensation proportional to the drunk driver’s percentage of fault in the accident. This means that if you were 30% at fault for the drunk-driving accident, the court would reduce your compensation by 30%. 

Unlike other states where you might lose your right to seek compensation if you are 50% or more at fault for the accident, New York State allows you to recover compensation even for the 10% of fault the other party shares.

Why are Drunk Driving Cases More Complex?

In the US, more than 30% of all traffic accident fatalities involve drunk motorists. Drunk driving cases are generally more complex than other vehicle accident cases. That’s why filing a drunk driving injury claim in New York comes with a unique set of challenges:  

  • Proving Negligence: You’ll need to establish that the driver’s impairment due to alcohol intake caused the accident. For this, you will need strong evidence like police reports, brutalized results, and even witness testimonies. 
  • Dram Shop Liability: If a bar or restaurant sells alcohol to an underage driver or a visibly intoxicated individual, you must prove their liability under New York’s Dram shop laws. All of this will require careful investigation and expert legal help. 
  • Claim and Settlement Complexities: At-fault parties and their supporting companies often tend to present local offers in undervalued claims, making fighting for fair compensation harder. Drunk driving accident attorneys can manage these complexities and fight for the maximum compensation you deserve.

Common Types of Drunk Driving Accident Cases We Handle

At MB Injury Lawyer, we have extensive experience managing various drunk driving accident cases. Here are some of the most common types we usually handle:

  • Rear-End Vehicle Collisions
  • T-Bone Vehicle Accidents
  • Head-On Collisions
  • Hit-And-Run Accidents
  • Pedestrian Accidents
  • Motorcycle Accidents
  • Drunk Driving Commercial Vehicle Accidents
  • Drunk Driving Accidents In Construction Zones

How to Schedule a Consultation with the Best Drunk Driving Accident Lawyers?

If you have been searching for drunk driving accident lawyers near me and want to schedule an appointment with the best drunk driving accident attorneys in New York, the process is simple and straightforward. 

All you need to do is call MB Injury Lawyer at 347-639-0349 or fill out our online form by visiting our website. Enter your details like your name, contact information, and a brief synopsis about how your drunk-driving accident happened. One of our team members will get back to you shortly.

How Can Our Drunk Driving Accident Lawyers Help With Your Case?

Drunk driving accidents are surely complex and complicated legal matters, but with the right lawyer, you can confidently handle the process. Here’s what our DUI accident attorneys can do for your drunk driving case: 

  • Investigate the Incident:  Our drunk driving accident lawyers will investigate your case in detail.
  • Gather Evidence: Our lawyers will collect all the necessary evidence, including police reports, medical records, statements from witnesses, and surveillance camera footage.
  • File Claims: Our DUI accident lawyers will file claims on your behalf to recover compensation.
  • Negotiate with Responsible Parties: We will negotiate with the responsible parties and handle all communication on your behalf to fight for a fair settlement and tackle lowball offers.
  • Litigate Your Case: If an out-of-court settlement does not give us the fair compensation you deserve, we can also file a lawsuit and take your case to court, where we will aggressively advocate for your rights.
  • Continued Support: Our lawyers will offer continued support from the start of your case until it is resolved and keep you informed at every step.

What To Do After a  Drunk Driving Accident?

The steps you take after an accident can significantly impact the chances of recovering your compensation. Here’s what you need to do after a drunk driving accident to protect your legal rights:

1. Call 911

Call first responders, report the accident emergency, and request medical assistance. The police report that you filed will be crucial for proving the at-fault party’s blood alcohol level for drunk driving when we file claims or lawsuits on your behalf. 

2. Seek Medical Attention

Even if you have sustained significant injuries, get checked by a healthcare professional at the nearest medical facility. Some injuries, like a concussion or whiplash, may not show images of symptoms, but getting them diagnosed and documented is essential. 

3. Document the Scene

Take photos of the accident scene, the injuries that you have sustained, and any damages to your property. Also, the contact information of the other parties involved and witnesses of the accident must be collected. 

4. Contact an Attorney

Get in touch with expert drunk driving accident lawyers. The sooner you contact us, the better your outcomes will be, as we will handle evidence collection, negotiations, and claim process for you while you focus on your recovery.

Why Choose MB  Injury Lawyer for Your Drunk Driving Case?

At MB Injury Lawyer, we have been serving drunk driving accident victims across New York for more than two decades now. Here’s what makes us your best choice:

  • Track Record of Success: Our firm has a proven track record of success. We have helped numerous victims of drunk driving accidents recover substantial settlements and build compelling cases. 
  • Personalized Case Handling: At MB Injury Lawyer, we treat every drunk driving injury case with personalized care and dedication, using tailored strategies to achieve the best outcomes.
  • Compassionate Support: We are not just your legal partners but also partners in recovery. From the initial consultation to resolving your case, our drunk driving accident attorneys will guide you through every step, communicate clearly with you, and offer support.
Drunk Driving Accident

FAQs – Drunk Driving Accident Lawyers!

What is the legal blood alcohol level for drunk driving in New York?

In New York State, the legal blood alcohol level for drunk driving, or (BAC) limit, is 0.08% for drivers who are 23 years old or older. For commercial motorists or drivers, the same limit is 0.04%. And for drivers under 21, the limit is 0.02%.

What are the drunk driving penalties in New York?

Drunk driving charges in New York can result in severe penalties, including a hefty fine, suspension of your license, and jail time. If repeat offenders or accidents involving injuries occur, these penalties can become even harsher.

Can I still file a claim if the drunk driver wasn’t arrested?

Yes, you can file civil claims for compensation because these are independent of criminal proceedings. Even if the driver avoids drunk driving charges, you can still get your compensation by proving their negligence.

What’s the deadline for filing a drunk driving case in New York?

The statute of limitations for filing personal injury and drunk driving claims in New York is generally three years from the date of your accident.

Can I hold a drunk driver’s employer liable?

If the drunk driver was on duty during the accident, you can hold their employer accountable under New York’s vicarious liability laws.

Protect Your Rights and Seek Justice with MB Injury Lawyer!

At MB Injury Lawyer, we firmly believe that no one, including you, should suffer because of someone else’s reckless decision to drink and drive. If you or your loved one has been injured in a drunk driving accident, you don’t have to deal with its aftermath alone. 

Our drunk driving accident lawyers are here to offer you expert guidance and fight for your rights so that you can receive the compensation you deserve and alleviate your worries. Contact us today to schedule your free consultation.

Fill out our online form and let us help you deal with the complexities of your drunk driving case and work towards the justice you deserve.