Drunk and Impaired Drivers are Liable in New York

Drunk and impaired drivers can be held liable for any injuries and deaths they cause. In cases where a bar, restaurant, liquor store or party host serves alcohol to a visibly intoxicated person, who later causes an injury or fatal accident, that person or establishment can also be held liable under New York’s dram shop law. Here, it’s important to thoroughly reconstruct the events that happened prior to a drunk driving accident in order to establish a timeline of when a drunk driver started drinking, how much he or she likely had, and the time frame involved. Reviewing bar tabs, credit card purchases, security camera footage (if available) and eyewitness testimony can shed considerable light on whether or not a drunk driver was visibly intoxicated when he or she was served alcohol.

Recovering Damages in Drunk Driving and Impaired Accidents

When a drinking establishment is not involved or when impairment due to drugs is the cause of an accident, recovery of damages is typically dependent on the impaired driver’s insurance policy limits. In cases where serious head trauma, spinal cord injuries, amputations or fatalities are involved, losses suffered may exceed the drunk or impaired driver’s insurance coverage.

Here, the injured driver can file a claim with his or her own insurer under the uninsured/underinsured terms of his or her policy. Additionally, depending on the specifics of your case, there may be other forms of insurance under which your attorney can seek to collect damages. If the drunk or impaired driver has umbrella coverage under a homeowner’s policy, it may be possible to collect damages under that policy as well.

DWAI — Car Accidents Caused by Drugs

Depending on the drugs involved, driving under the influence of drugs can be as dangerous — if not more so — than driving drunk. The effects of drugs, even prescription drugs, include loss of visual acuity, mental fogginess, slowed reaction time, and sleepiness and fatigue. As with drunk drivers, those injured by a driver impaired by legal or illegal drugs can sue the driver who injured them. Here, the discovery and proof will likely involve blood test results, evidence of drug abuse or use of certain prescription drugs, and eyewitness testimony.

Rosenberg & Gluck — Holding Drunk and Impaired Drivers Liable

The legal and investigative issues involved in a drunk driving or impaired driver accident case can be significant. At the Long Island, New York, law office of personal injury attorneys Rosenberg & Gluck, we have the resources and knowledge needed to help you hold drunk and impaired drivers financially liable for the injuries they cause. For more information regarding our practice and how we can help you, contact personal injury attorneys at Rosenberg & Gluck today.