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Labor Day Weekend celebrations often involve a decent amount of drinking. With this weekend approaching, it is the perfect time to remind drivers to not operate a vehicle while they are under the influence. This is because drunk driving can lead to serious accidents that cause significant injuries as a result. When a drunk driver injures or kills another person, they can be held liable. Continue reading below to learn more and contact an experienced New York personal injury attorney for assistance with your case.

What Should I do After a Drunk Driving Accident?

After being involved in a drunk driving accident, it is important to contact emergency services immediately. This includes an ambulance and the police. While the police are on the scene, they can draft an official report that details the incident as evidence. However, as the injured party, you should still gather your own evidence to assist your case. This can include taking pictures or video of the scene, writing down witness contact information, etc. Medical professionals can conduct examinations on the scene, but it is still crucial to see a doctor later on for an official diagnosis and treatment.

What is a Dram Shop Law?

In New York, DRAM shop laws exist to protect victims of drunk driving accidents. Under these laws, it is illegal for establishments and vendors to serve a person who is visibly intoxicated. This includes taverns, bars, pubs, restaurants, etc. Servers are required to look for signs of intoxication such slurred speech, glassy or bloodshot eyes, difficulty finishing sentences, incoherent speech, stumbling, falling, impaired fine-motor skills, and more. If they continue to serve, they can be liable if the individual goes on to cause a drunk driving accident. DRAM shop laws are applied in the following conditions:

  • An employee of the establishment serves alcohol to a person who was visibly intoxicated
  • The decision to serve the intoxicated customer directly caused injuries and damages

How Long Do I Have to Sue?

Anyone involved in a drunk driving accident can pursue legal action against the negligent party. During this time, it is important to remember the statute of limitations. This is a deadline that the injured party is required to meet when filing a personal injury claim. If they fail to do so, the individual can lose their opportunity to recover compensation. In the state of New York, the statute of limitations is three years from the date of the injury. 

Contact our Firm

If you have been injured in a New York City car accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.


To a man who was assaulted at a restaurant and sustained a traumatic brain injury.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


To a man who sustained back injuries when he was a passenger in the car that rear ended another car.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

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