Rockland County DWI Injury Attorney
Many lives have been needlessly ruined because someone chose to drink and drive, as a Rockland County DWI injury attorney has seen one too many times. If an impaired driver has caused a serious injury to you or a family member, you need the services of our team at Kantrowitz, Goldhamer & Graifman, P.C. We will work hard to protect your rights and advocate for you so that you may receive the maximum amount of compensation for your injuries. When you need a law firm that provides full-service and accepts cases on a contingency basis, you can rely on our dedication, tenacity, and compassion.
New York DWI Statistics
In New York State, just over 30 percent of fatal collisions involve alcohol. Every two minutes, a drunken or impaired driver injures someone in New York State. In 2021, police-reported crashes involving alcohol totaled 8,711. Of these, 256 involved fatalities. Thirty-eight percent, or 3,318, resulted in personal injuries. In addition, alcohol was a factor in 409 pedestrian and motor vehicle crashes, causing 6 deaths and 337 personal injuries. Bicycle and motor vehicle crashes relating to alcohol totaled 80, with 11 fatalities and 63 personal injuries. As for motorcycle and motor vehicle collisions involving alcohol, the total was 180, of which 48 proved fatal and 114 involved personal injuries.
Common Accidents Caused by DWI
When a motorist is driving under the influence of alcohol or drugs, they may cause virtually any type of accident. The most common include:
- Head-on collisions
- Rear-end collisions
- T-bone collisions
- Failure to yield
New York Dram Shop Laws
Under New York’s Dram Shop laws, it is unlawful to sell alcohol to those under 21 or “visibly intoxicated.” Those violating this law may prove liable if the customer causes an accident directly after the purchase.
Dram Shop case elements include:
- Injury by a person who was intoxicated at the time
- Unlawful commercial sale of alcohol to the intoxicated individual
- The alcohol sale contributed to or caused the intoxication.
Visibly intoxicated is usually the most challenging element to prove.
Can you sue the bar that is over-served?
Yes, those injured in a DWI may sue the bar that overserved the intoxicated driver. However, under the Dram Shop law, the driver must be under 21 at the time of the sale or visibly intoxicated.
Can you sue social hosts?
If a host served alcohol to someone under 21 who caused a car accident, the injured party could sue them. However, social hosts are not considered liable if they serve alcohol to someone who is visibly intoxicated as long as the person is of legal drinking age.
Compensation, or damages, in a DWI injury case may include:
- Medical expenses, current and future
- Lost wages
- Reduced earning potential
- Property damage
- Pain and suffering
- Emotional distress
Punitive damages may be awarded if the drunk driver’s behavior is especially egregious. As a Rockland County DWI injury attorney explains, these damages are meant to punish the driver and deter others from committing this crime.
In a wrongful death lawsuit, compensation may include the following:
- Medical expenses
- Burial and funeral expenses
- Lost wages the victim was earning
- Future lost wages
- Reduction in inheritance
- Loss of services, such as childcare or yard work
- Loss of parental guidance
Unfortunately, many victims of DWI injuries succumb to their injuries. In such circumstances, family members, typically a spouse, children, or parents, may file a wrongful death lawsuit against those parties responsible for the accident.
Statute of Limitations
In New York, the statute of limitations in most cases for filing a personal injury lawsuit against a drunk driver is three years from the accident date. However, if a family member dies as a result of their injuries, the family has two years from the death date in which to file a wrongful death lawsuit.
Drunken Driving Signs
When driving, pay attention to signs that another motorist is driving while under the influence, which can include the following:
- Weaving in and out of traffic
- Not obeying traffic signs or lights
- Issues staying within their lane
- Driving too fast or too slowly
- Stopping for no reason or braking erratically
- Nearly colliding with other vehicles, the curb, or objects
- Driving on the wrong side of the road
If you spot an impaired driver, stay as far away as possible. Try to get the license plate number and call 911. Give the dispatcher the location and a description of the vehicle.
How Our DWI Injury Lawyers Can Help You
The injury lawyers at our firm investigate your case thoroughly. We collect evidence, such as police and medical reports, the driver’s Blood Alcohol Content (BAC) test, surveillance video, eyewitness statements, and other critical pieces of information.
We understand how the injuries caused by a drunk driver impacted your life on so many levels. Financial compensation for these injuries can help you face these challenges. Finally, to prove the liability of a drunk driver in New York, your legal team must show that they caused the accident and that they were driving while intoxicated. DWI is a crime, but a personal injury lawsuit is a civil matter.
Contact a DWI Injury Attorney
If a drunk driver injured you or a family member, contact the dedicated car accident lawyers at Kantrowitz, Goldhamer & Graifman today. Schedule a free, no-obligation consultation at our office. In addition, our Rockland County DWI injury attorneys work on a contingency basis, so there is no fee unless you receive compensation.