Drunk driving accidents cause thousands of injuries and fatalities each year in Brooklyn and throughout the country. Alcohol significantly impairs judgment, motor skills, reaction times, and vision, all of which are essential for safely operating a vehicle.
When individuals decide to drive after drinking, they endanger not only themselves and their passengers but also other road users.
If a drunk driver in Brooklyn has injured you or someone you love, it is essential to get legal assistance quickly. The competent and committed lawyers at the CEO Lawyer Personal Injury Law Firm focus on handling cases involving intoxicated drivers’ irresponsibility.
Our team is dedicated to obtaining justice and the compensation you are due to lessen the effects of such horrific events on you and your family.
How Our Brooklyn Drunk Driving Accident Attorneys Assist You After an Accident?
When the victim of a DUI accident has personal injury protection (PIP) insurance, our attorneys work diligently with the insurance provider to secure maximum compensation. In cases involving more severe injuries, victims are entitled by law to pursue legal action against the intoxicated driver.
This involves several critical steps:
- Establishing Fault—Proving that the drunk driver directly caused the accident is essential. Our team conducts thorough investigations to gather and safeguard crucial evidence, interviews witnesses, and may collaborate with specialists in accident reconstruction to build a compelling case.
- Navigating the Legal Process—We initiate legal proceedings by filing a complaint in the appropriate court, ensuring all potential defendants are accurately identified. This includes issuing court summons and complaints to the involved parties. We also engage with opposing counsel in preparation for trial while dedicating ourselves to all legal deadlines, such as the three-year statute of limitations for filing a claim.
- Maximizing Compensation — Our goal is to obtain the highest possible compensation for our clients based on the specifics of their cases. We consult with medical and financial experts to fully assess the extent of the client’s losses. Armed with this information, we formulate a strong demand backed by expert testimony and reports.
It’s important to recognize that a driver being under the influence does not automatically imply guilt for the accident. Our approach is to passionately construct a case with solid, incontrovertible evidence, ensuring that nothing is assumed about the defendant’s liability.
Protect Your Rights With Our Brooklyn Drunk Driving Accident Law Firm
If you or someone you care about has been impacted by a drunk driving accident in Brooklyn, it’s essential to be aware of your legal rights and the options available to you.
At the CEO Lawyer Personal Injury Law Firm, our team of experienced lawyers specializing in drunk driving accidents is committed to guiding our clients through the complexities of the legal system to secure the compensation they deserve. We recognize the immense physical, emotional, and financial burdens such accidents inflict and strive to provide empathetic and tailored legal services to each client.
Working with us means you’ll receive the following:
- A thorough investigation of the accident and collecting essential evidence to bolster your claim.
- Effective negotiation with insurance providers to achieve a just settlement.
- Legal solid strategies to hold the liable parties accountable.
- Dedicated advocacy for your rights and interests at every stage of the legal process.
If you’ve suffered a drunk driving incident, don’t delay getting the legal support you need. Contact the CEO Lawyer Personal Injury Law Firm to arrange a complimentary consultation with one of our top Brooklyn personal injury lawyers.
What Is the Legal Definition of Drunk Driving in Brooklyn?
In Brooklyn, the legal definition of drunk driving varies based on the driver’s age. Under New York’s zero-tolerance laws, drivers under 21 years old are considered driving under the influence (DUI) if their blood alcohol concentration (BAC) is between 0.02% and 0.07%.
For drivers aged 21 and over, a BAC over 0.05% is legally deemed as impairment, while a BAC exceeding 0.08% qualifies as intoxication. Moreover, a BAC of 0.18% or higher escalates the offense to an aggravated driving while intoxicated (DWI) charge.
These distinctions emphasize the state’s commitment to preventing alcohol-related accidents.
What Happens If the Drunk Driver Isn’t Sufficiently Insured?
When a drunk driving accident occurs, and the driver responsible lacks sufficient insurance to cover the damages, this can lead to significant challenges in compensating the victims adequately. In New York, for instance, the minimum required insurance coverage is only $25,000 per person per accident, prompting many drivers to carry just this minimum.
Often, these drivers possess few assets that could satisfy a judgment against them. This situation requires an experienced DUI accident attorney to go deeper into the case rather than merely examine the surface details.
A comprehensive and quick investigation is essential. It’s important to determine if there might be other parties responsible, such as bars, restaurants, or taverns, which might have contributed to the accident by serving alcohol to an already intoxicated individual.
The investigation should pinpoint where and how much alcohol the driver consumed before the accident and gather any possible witness accounts of this consumption.
Witness testimonies are important in building a case against the establishment serving alcohol. To establish liability, it must be proven that the driver was visibly intoxicated—such as slurring speech, unsteady movement, or loud behavior—and yet continued to be served alcohol.
Gathering concrete evidence that the server was aware of the patron’s intoxication is critical.
Such diligent legal work aims to demonstrate to a jury that the alcohol-serving establishment should share in the liability for the accident. Establishments like bars and taverns typically carry more substantial insurance policies, which could more adequately compensate the victims.
An expert DUI accident attorney in Brooklyn will explore every avenue to uncover the facts surrounding the intoxication and subsequent accident.
Drunk Driving Laws In New York
In New York, both pursuing damages through a personal injury claim and dealing with a related criminal case can occur simultaneously if the defendant is involved in a drunk driving incident. An arrest for drunk driving can bolster a civil claim, but it’s important to note that the criminal proceedings are separate from your personal injury lawsuit.
The outcome of the criminal case may not necessarily impact the civil proceedings.
In New York, a first offense of driving under the influence (DUI) or driving while intoxicated (DWI) is typically classified as a misdemeanor. However, repeat offenses can escalate to felonies, attracting harsher penalties.
For first-time offenders, penalties may include up to 15 days in jail, fines of up to $500, and a license suspension for up to 90 days. For more severe violations, the penalties can be as steep as seven years in jail, fines up to $10,000, and a one-year license suspension.
These penalties can increase further in cases involving serious injuries or particularly high blood alcohol levels. Additionally, offenders may be required to install an ignition interlock device on their vehicles.
What Steps Should You Take Following a Brooklyn Drunk Driving Accident?
After a drunk driving accident in Brooklyn, ensuring your safety and the safety of others should be your top priority.
Here’s a step-by-step guide to follow:
- Call 911: Immediately after the accident, call 911. Report the accident and inform them if there are any injuries. This will dispatch police and emergency medical services to the scene.
- Exchange Information: If you can, gather contact and insurance information from the other driver, including their name, address, and phone number. Additionally, get contact details from any witnesses at the scene.
- Document the Scene: Use your smartphone to take pictures of the accident scene, including road conditions, traffic signs, vehicle positions, and any visible damage. This visual evidence can be crucial for insurance claims and legal proceedings.
- Note Impairment Signs: If you suspect that the other driver is under the influence of alcohol or drugs, make a mental note of their behavior and physical condition. It’s helpful to document these observations by emailing or texting yourself.
- Cooperate with Police: Once the police arrive, provide them with a factual account of the incident. They will investigate whether the other driver was driving under the influence.
- Seek Medical Attention: Visit a hospital or your doctor as soon as possible after the accident. Some injuries, especially internal ones, might not show immediate symptoms. A medical professional will assess and document any injuries, which is essential for health reasons and potential compensation claims.
- Consult a Lawyer: Contact a lawyer who specializes in drunk driving accidents. They can offer legal guidance, help protect your rights, and assist you in managing the claims process under New York law.
Common Injuries From Drunk Driving Accidents
Drunk driving accidents often lead to severe consequences, as intoxicated drivers tend to be more aggressive and reckless. Such accidents can result in various injuries, some of which may have lifelong effects.
Common injuries include:
- Traumatic Brain Injuries (TBI)
- Spinal Cord Damage
- Broken or Fractured Bones
- Permanent Scarring
- Internal Bleeding
- Fatalities
At our Brooklyn personal injury law firm, our team of dedicated drunk-driving accident lawyers in Brooklyn recognizes the importance of focusing on recovery. We handle all the complexities of securing maximum compensation, allowing victims to move forward from these traumatic events without the stress of legal struggles.
How an Intoxication Affects a Driver?
Drinking and driving are a dangerous combination. Alcohol impairs various bodily functions within minutes of consumption, and there is no safe threshold for drinking before driving. The negative effects of alcohol on a driver’s capabilities are significant and increase with the amount of alcohol consumed.
According to the National Highway Traffic Safety Administration (NHTSA), alcohol affects drivers in the following ways:
- Impairing Judgment: Alcohol dulls a driver’s ability to respond to unexpected situations and emergencies. This impairment makes it difficult to judge distances and speeds accurately, significantly raising the risk of accidents, even in situations like approaching stopped traffic.
- Impacting Vision: Intoxication affects the eyes’ ability to focus and track moving objects. It can also impair the ability to distinguish colors, challenging recognizing traffic lights and other important visual cues.
- Slowing Reaction Times: Alcohol slows cognitive processes, delaying a driver’s reactions in critical situations. A drunk driver will react much slower to emergencies compared to a sober driver.
- Worsening Motor Control: Moderate to heavy intoxication can create a sensation of being “loose” or “floating,” which severely compromises motor control. This can lead to swerving and other unsafe driving behaviors.
The NHTSA highlights that these effects can start at a blood alcohol concentration (BAC) as low as 0.02, which most people reach after just one drink. If a driver in an accident claims they had “only one drink” before driving, documenting this statement can be important. It can effectively challenge their defense and establish liability for damages or injuries.
Damages That Can Be Collected From Drunk Driving Accidents In Brooklyn
After a drunk driving accident, financial losses may appear simple to determine: hospital costs, surgery costs, and medical bills are all reasonably measurable. Still, some damages, such as future medical expenses or lost pay from being unable to work after an injury, might be challenging to calculate.
In these cases, a knowledgeable Brooklyn drunk driving accident lawyer is in the greatest position to help you determine your suffering losses.
- Lost Wages: Compensation for the income lost during the recovery period.
- Medical Bills: Immediate healthcare costs resulting from the accident.
- Future Medical Expenses: Estimated costs for ongoing treatment and rehabilitation.
- Pain and Suffering: Non-economic damages related to physical pain and emotional distress.
- Lost Earning Potential: Compensation if the victim’s ability to earn a living is permanently affected.
- Property Damage: Costs to repair or replace damaged vehicles and other property.
- Disfigurement or Disability: Compensation for permanent physical changes and limitations.
- Loss of Consortium: Damages awarded for the impact on the victim’s relationship with their spouse or partner.
Do Not Hesitate To Contact Our Brooklyn Accident Attorney In NYC
You are defined by much more than any single event, including a drunk driving accident. At the CEO Lawyer Personal Injury Law Firm, our compassionate team of Brooklyn personal injury attorneys recognizes your challenges and is dedicated to helping you recover and move forward.
We strive to simplify the legal process for victims of drunk driving accidents, offering concise, easy guidance and strong advocacy at every step. Remember, your life encompasses more than your accident. Let us help you reclaim control and live on your terms.
Call (516) 689-1132 or visit us online to book a complimentary, no-commitment case evaluation with a nearby attorney today.
