Drunk driving accidents are among the most tragic and preventable types of accidents in New York. A driver under the influence of alcohol or drugs endangers everyone on the road, including pedestrians, cyclists, other drivers, and passengers. If you or a loved one has been injured in a drunk driving accident, it is essential to understand your legal rights and how to pursue compensation for your injuries.
In this blog, we’ll explore the steps you should take after a drunk driving accident and how a skilled personal injury attorney can help protect your rights and secure the compensation you deserve.
1. Ensure Safety and Seek Medical Attention
The first priority after any accident is to ensure the safety of everyone involved. Call 911 immediately and request medical assistance, even if injuries appear minor. Some injuries, such as whiplash, concussions, and internal injuries, may not be immediately apparent.
Receiving prompt medical care will not only protect your health but also provide essential documentation that will be necessary for your claim.
2. Contact the Police and Report the Incident
When a driver is under the influence of alcohol or drugs, it’s crucial to involve the police. Officers will investigate the scene, administer sobriety tests if necessary, and file a detailed accident report. This report will serve as key evidence for your case.
Make sure to get a copy of the police report, which will contain valuable information like the driver’s arrest or citation, witness statements, and an official account of what happened.
3. Gather Evidence at the Scene
If you’re physically able, gather evidence to support your claim. This includes:
- Photographs of the scene, your injuries, and vehicle damage.
- Witness contact information: Collect details from anyone who saw the accident happen.
- Driver’s details: Obtain the at-fault driver’s name, contact information, and insurance information.
- Dashcam or surveillance footage: If possible, try to obtain video footage from nearby cameras that may have captured the crash.
This evidence will help build a strong case and demonstrate that the other driver was at fault due to their intoxication.
4. Report the Accident to Your Insurance Company
In New York, you are required to report any accident to your insurance company, even if the other driver was at fault. If the drunk driver is uninsured or underinsured, your own insurance policy may cover medical expenses and other damages under New York’s no-fault insurance laws.
However, if you have sustained serious injuries, you may need to pursue a third-party personal injury claim against the drunk driver’s insurance company or even file a lawsuit to secure additional compensation for pain and suffering, lost wages, and more.
5. Determine Liability and the Role of the Drunk Driver
In a drunk driving accident, the at-fault driver is typically liable for your injuries. However, there may be additional parties who could be held responsible, including:
- The drunk driver: If the driver was under the influence of alcohol or drugs, they are likely liable for the accident and your injuries.
- The driver’s employer: If the drunk driver was on duty or acting within the scope of employment at the time of the accident, their employer could also be held responsible.
- Establishments that served alcohol: In certain cases, if a bar or restaurant served alcohol to an already intoxicated person, they may be partially responsible under New York’s dram shop law.
Identifying the at-fault party is critical in recovering the compensation you deserve. An experienced personal injury lawyer can help investigate all potential sources of liability.
6. Consult a Personal Injury Lawyer
Drunk driving accidents often involve complex legal issues, especially when it comes to proving liability and dealing with insurance companies. An experienced personal injury attorney can guide you through the legal process and help you:
- Prove fault: Your lawyer will gather evidence, including the police report, witness statements, and expert testimony, to prove that the other driver was at fault.
- Handle insurance negotiations: Insurance companies often try to minimize claims. A lawyer will fight for fair compensation and prevent you from being taken advantage of.
- Determine the full extent of your damages: Your lawyer will ensure that all aspects of your damages are considered, including medical bills, lost wages, pain and suffering, and future medical needs.
7. Understand the Compensation You Can Receive
If you’ve been injured in a drunk driving accident, you may be entitled to compensation for the following:
- Medical expenses: This includes current and future medical bills, including hospital visits, surgeries, rehabilitation, and ongoing care.
- Lost wages: If your injuries prevent you from working, you may be entitled to compensation for lost income and future earning potential.
- Pain and suffering: You may receive damages for the physical and emotional pain caused by the accident and your injuries.
- Property damage: If your vehicle or other property was damaged in the accident, you may be able to recover the costs of repairs or replacement.
- Punitive damages: In some cases, punitive damages may be awarded if the drunk driver’s actions were particularly reckless or egregious.
An attorney will help you calculate the full value of your claim and pursue the maximum compensation available.
8. Know the Statute of Limitations
In New York, you typically have three years from the date of the accident to file a personal injury lawsuit. However, if the accident involves a government vehicle or other special circumstances, the deadline may be shorter. It’s important to consult with an attorney as soon as possible to ensure you don’t miss any crucial deadlines.
9. The Role of Criminal Proceedings
It’s important to note that a drunk driver can face criminal charges in addition to the civil lawsuit you may file. However, the outcome of a criminal case (e.g., whether the driver is convicted) does not determine your civil case. You can still pursue compensation through a personal injury claim, regardless of whether the driver faces criminal penalties.
Conclusion
Being injured in a drunk driving accident can have life-altering consequences. If you’ve been hurt due to someone else’s reckless decision to drive under the influence, you have the right to pursue compensation for your injuries and suffering. An experienced personal injury attorney can help guide you through the legal process and ensure that you get the justice you deserve.
At Alan Ripka & Associates, we are committed to fighting for victims of drunk driving accidents. Contact us today for a free consultation and let us help you recover the compensation you deserve.
