Drunk Driving Accidents in New York
New York Car Accident Lawyer representing victims of drunk driving accidents
Drunk driving accidents can alter your life on a dime. You will likely be recovering from severe injuries and wondering how you will be able to cover your medical bills and lost wages. Fortunately, you may be eligible to recover compensation through a claim or civil lawsuit. New York Car Accident Lawyer can help.
New York City’s Drunk Driving Laws
New York recognizes seven different offenses related to intoxication while operating a motor vehicle. The applicable offense depends on the blood alcohol content (BAC), the inclusion of drugs, and age of the driver.
- Driving While Intoxicated (DWI): BAC of .08 or higher
- Aggravated DWI: BAC of .18 or higher
- Driving While Ability Impaired by Alcohol (DWAI/Alcohol): BAC of more than .05 but less than .07
- DWAI by a Drug (not including alcohol) (DWAI/Drug)
- DWAI by a Combination of Drugs or Alcohol (DWAI/Combination)
- Refusal to Take Chemical Test: When a driver refuses to submit to a breath, blood, or urine test
- Zero Tolerance Law: When a driver under the age of 21 drives with a BAC from .02 and .07
If officers at the scene find that the other driver broke any of the above laws, you will be able to use that as evidence of negligence in your civil case.
What is the difference between a civil case and a criminal case?
When you suffer an injury in an accident caused by a drunk driver, your legal obligations and rights become a bit more complicated.
Perhaps the most significant difference between an auto accident caused by a sober driver and one caused by an impaired driver is that the state will likely ask you to contribute to a criminal case (i.e.., case by the state to charge the defendant with a crime). This legal involvement is in addition to any civil case (i.e., your case to recover compensation for your injuries) you choose to file.
In addition, while the burden of proof is not on you in a criminal case, you do have to provide evidence for your civil case. The good news is that civil cases have a much lower evidence requirement (burden of proof) than criminal cases.
For your civil case, you must be able to show the drunk driver negligence most likely caused your auto accident. In a criminal case, the state must prove the impaired driver guilt beyond a reasonable doubt. Evidence you might need to prove the drunk driver caused your car accident includes:
- Photographs or video of the car accident scene (How to use your phone as a tool in a car accident?)
- Medical records/reports
- Witness statements
- Police report
- Breathalyzer, urine, or blood test results
It is important to note that New York State No-fault Insurance Law still apply; this means that your injuries must fall under the serious injury threshold to have the right to file a claim. For help with a serious injury, call Accident Lawyers NYC of The Rybak Firm, PLLC.
Will the criminal case affect my civil case?
The results of the criminal case may affect your civil case, especially if the state convicts the drunk driver. If the state convicts the impaired driver, you can use that conviction as evidence of the driver’s negligence.
You can still win your civil case even if the criminal case results in a dismissal or not guilty verdict; it just might be more difficult to prove negligence. A New York Drunk Driving Accident Injury attorney can help.
Can a Car Accident Attorney of The Rybak, Firm PLLC., help me with my injury case?
Before you start dealing with insurance companies and defense attorneys, talk to the Car Accident Attorney of The Rybak Firm, PLLC. Our firm offers Free Consultation and case evaluation to determine if you are entitled to file a civil lawsuit and collect a fair settlement for your damages. We can help you collect evidence, build your case, negotiation with insurers, and if necessary, represent you in court.
Car Accident Lawyer Near Me
We are located in Brooklyn, NY. Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Accident Lawyers are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.
Our office address is:
1810 Voorhies Ave
Brooklyn, NY 11235