If you’ve been injured in an auto accident that involved a drunk driver in New York, it’s crucial to understand your rights and options. Please continue reading as we explore the damages you can seek in a drunk driving accident claim and how an experienced New York City Auto Accidents Attorney can help you fight for the justice you deserve.
Who Can I Hold Liable for a Drunk Driving Accident?
When you’ve been injured by a drunk driver in New York, it’s imperative to understand that the intoxicated motorist is not the only party who can be held liable for your damages. In addition to suing the drunk driver directly, New York’s Dram Shop law allows you to file a claim against an establishment or vendor that over-served alcohol to the intoxicated motorist who caused the collision. To succeed in a claim, you’ll have to prove that the established served alcohol to a visibly intoxicated individual or that they served alcohol to someone under the age of 21, knowing or having reason to know that the individual was underage.
It’s important to note that in drunk driving accident cases, the burden of proof is much lower. Generally, you don’t have to prove negligence in the traditional sense. This is due to the legal doctrine of “negligence per se.” Since driving under the influence is illegal, it constitutes an automatic breach of duty. As a result, a drunk driver is liable for any damages resulting from the crash. This simplifies the process, as injured parties only need to demonstrate that the driver was intoxicated, rather than proving they acted unreasonably.
What Damages Can I Seek if I Was Struck by a Drunk Driver?
Although no amount of compensation can erase the harm caused by a drunk driving accident, pursuing legal action against the negligent party can help victims and their families secure the financial resources they need to get their lives back on track. Generally, you can seek two main types of damages in a personal injury lawsuit: economic and non-economic. These damages aim to restore victims to their original condition, rather than to punish the wrongdoer.
Economic damages reflect your tangible, monetary losses that can be easily calculated. Non-economic damages, on the other hand, are more subjective and intangible losses. Depending on the unique circumstances of your case, you may be able to recover compensation for the following:
- Medical expenses
- Lost wages
- Property damage
- Vocational rehabilitation
- Household services
- Pain and suffering
- Emotional distress
- Enjoyment of life
- Loss of consortium
- Disfigurement
Punitive damages may be justified if the judge finds that compensatory damages are not adequate in preventing the defendant from engaging in harmful action in the future. This is the case if the driver’s behavior is considered grossly negligent, malicious, or demonstrates a reckless disregard for the safety of others. Factors that can justify punitive damages include extreme intoxication levels, prior DUI convictions, fleeing the scene, and other aggravating circumstances.
If you’ve been injured by a drunk driver in New York, please don’t hesitate to contact a trusted attorney from Swerling Law, who can help you fight for the compensation you need. Connect with our firm for guidance and skilled representation.
