If you were hurt in a drunk driving crash in Holtsville, NY, the law offices of Rosenberg & Gluck, L.L.P. can help. These cases often involve severe injuries. The at-fault driver’s automobile insurance carrier is likely to be aggressive in defending against your claim because of the potential liability of their insured, so you need a lawyer who will fight hard for you.
Call our office today at (631) 451-7900 to get started. We offer a complimentary consultation.
The Elements of Liability in a Drunk Driving Crash
A drunk driving accident lawyer in Holtsville will have to prove all four of these elements to hold the drunk driver responsible for your losses:
Duty of care
The at-fault driver must have owed you a duty of care. It is a simple matter to establish this element because everyone who operates a motor vehicle on a public street owes a duty of care to all other drivers, passengers, pedestrians, bicyclists, motorcyclists, and others. The driver must operate the car safely and obey the law.
Breach of duty of care
When someone’s conduct does not live up to the legal duty of care, the person is negligent. When a person drives while intoxicated, he is breaking the law, which is negligence.
Sometimes collisions happen because of some other factor and not the drunk driver. For example, if an inattentive motorist ran a red light and slammed into three cars in the intersection, the driver who ran the red light is at fault. Let’s say that one of the other drivers had a blood alcohol level that exceeded the legal limit.
The alcohol-impaired driver can be charged with driving while intoxicated (DWI). However, if his state of impairment did not cause or contribute to the collision, he is not liable for the losses. Driving while impaired is negligence, but the careless act must be a contributing factor that caused the car crash for the driver to be accountable.
On the other hand, if the drunk driver caused the collision, he will be responsible for your losses. For example, if the impaired driver passed out at the wheel, veered into oncoming traffic and hit a car head-on, the drunk driver will be liable. The negligence of being impaired by alcohol is what caused the collision and the injuries.
You must have quantifiable losses from the collision to pursue money damages. Physical injury satisfies this element of liability.
3 Steps to Follow After a Drunk Driving Crash
The things you do after a collision can have an impact on the monetary value of your damages claim.
- Call law enforcement. With every minute that goes by, the drunk driver’s blood alcohol level decreases. Getting the police to the scene immediately to collect the evidence of the driver’s substance misuse and negligence will be vital to holding the impaired driver responsible for your losses.
- Get medical attention. Prompt treatment of your injuries will give you the best chance of healing properly. Going straight to the emergency room will also create valuable evidence that links your injuries to the collision. If you delay in going to the doctor or emergency room, the defendant can argue that something else caused your injuries, not the collision.
- Talk to a lawyer. The insurance company for the drunk driver will start preparing a defense to your claim as soon as they find out about the crash. If you have a lawyer on your side, they can help protect your rights.
When you have a lawyer representing you, the insurance company is not supposed to contact you directly. If the adjuster calls you, tell him to talk to your lawyer.
Damages for a Drunk Driving Collision in Holtsville, NY
We need to evaluate your case and perform an investigation before we can calculate the amount of compensation you can collect for your injuries. Financial damages are different in every case because they depend on the facts of your situation.
We have a history of obtaining significant awards for victims of drunk drivers. A drunk driving accident lawyer in Holtsville will work hard to get you all the compensation you deserve so that you can rebuild your life.
Your medical expenses can include things like the ambulance, emergency room, hospital, surgery, and doctors. Many costs continue after you are discharged from the hospital, like prescription drugs, follow-up doctor visits, and physical therapy.
People with catastrophic injuries like severe burns might have to undergo extended treatment at a specialized care facility. If your injuries, like spinal cord damage, leave you needing ongoing daily assistance with medical treatment and personal tasks, you might have to live in a long-term care center. Some people need home modifications, mobility equipment, and adapted vehicles.
Significant injuries can impact your ability to earn a living. People often have a claim for lost wages for the unpaid time from work because of the collision and recuperation time. Going forward, you might not be able to make as much money as before because of your injuries. Some people cannot maintain gainful employment at all after a devastating injury. You may also qualify to recover compensation for your pain and suffering.
We also represent the survivors in wrongful death claims when a drunk driving crash takes the life of a loved one. If your close relative died because of an impaired driver, we can help.
How to Get Help for Your Injury Claim
If you want to receive small firm service with big firm results, you should talk to us. At Rosenberg & Gluck, L.L.P., we work hard so that you can get full and fair compensation for your losses. Our clients can focus on getting better because we take care of the rest. We take on the multi-billion-dollar insurance companies so that you do not have to face them alone. Do not delay in taking action as you have a limited period of time to recover damages.
We provide a free initial consultation and case evaluation. There is no obligation. We can also help clients in Spanish and Russian.
You do not have to pay upfront legal fees. Our personal injury firm handles these cases on a contingency fee basis, which means that we do not get paid until you get compensation. Our legal fees come out of the settlement or award at the end of the matter.
Call us today at (631) 451-7900 for your complimentary consultation with a drunk driving accident lawyer in Holtsville.