How Injured Victims of Drunk Drivers Can Recover Damages

In New York, if you have been injured in an accident caused by an intoxicated or impaired driver, you have the right to seek compensation for your injuries. Winning this compensation involves understanding the legal thresholds for intoxication and impairment, gathering compelling evidence, and potentially holding both the driver and other parties accountable under dram shop laws.

In New York, a blood alcohol concentration (BAC) of 0.08 percent or higher can result in a conviction of driving under the influence (DUI). However, New York also recognizes a lower threshold for impairment — a BAC of 0.05 to 0.07 percent — for a conviction of driving while ability impaired (DWAI). Even if a driver’s BAC is below these thresholds, they can be found impaired based on other evidence, such as erratic driving, slurring of speech or failing of field sobriety tests.

Where the driver’s BAC was not definitively over the legal limit, witness testimony can demonstrate impairment. Eyewitnesses who observed the driver before or during the accident may provide observations about the driver’s actions and appearance. Expert testimony, such as from a toxicologist, can explain how even a small amount of alcohol can impair a person’s ability to drive, depending on factors like body weight and tolerance.

Another essential part of recovering damages is proving that the driver’s condition was the proximate cause of the accident. A drunk driving injury attorney can analyze the circumstances, possibly with the help of an accident reconstruction expert, to establish that the driver’s impairment directly led to the collision. This might involve showing that the driver’s delayed reaction time, impaired judgment or loss of motor control was the cause of the accident, which in turn caused the victim’s injuries.

Liability for an accident may extend beyond the drunk driver. Under New York’s dram shop law, a bar, restaurant, or other establishment that serves alcohol to a visibly intoxicated person may be held partly to blame. Proving dram shop liability requires showing that the establishment continued to serve a patron alcohol even when it was clear they were already intoxicated. This can be done through witness testimony, security footage or credit card receipts showing the timing and quantity of alcohol served.

A drunk driving injury attorney will thoroughly investigate whether the driver was drinking before the accident and may subpoena records from the establishment to determine if there was a violation of the dram shop law. If the attorney can prove that the establishment served the driver while they were visibly intoxicated, the business may be held liable for the victim’s injuries in addition to the driver.

Rich & Rich, P.C. represents victims of DUI and DWAI accidents throughout the New York metropolitan area, with offices in midtown Manhattan and Roslyn Heights, Long Island. Please call 347-696-7707 or contact us online for a free consultation.