Drunk driving is one of the leading causes of accidents in the United States. According to the National Highway Traffic Safety Administration, approximately 30% of all traffic fatalities involve drunk drivers with a blood alcohol concentration of 0.08 g/dL or higher.
In Brooklyn, where heavy traffic and densely populated areas heighten the risks, even seemingly minor accidents involving drunk drivers can lead to severe consequences. If you or a loved one has been injured by a driver under the influence, a Brooklyn drunk driving accident lawyer can help you seek the compensation you deserve.
How Does Drunk Driving Cause Accidents?
Drunk driving accidents are caused when an individual drives under the influence of alcohol or drugs, impairing their ability to react, focus or make sound judgments. Simple tasks like maintaining a steady speed, obeying traffic signals or properly yielding the right of way can become impossible.
What Are New York City’s Drunk Driving Laws?
New York has strict laws in place to address the dangers of drunk driving. A BAC of 0.08% or higher is considered illegal for most drivers. However, for commercial drivers, a BAC of 0.04% is considered impaired, and drivers under the age of 21 face even stricter regulations with a zero-tolerance policy.
Penalties for Alcohol Violations
Here are some of the penalties for violating New York City’s drunk driving laws:
- License suspension for a period ranging from 6 months to 1 year.
- Fines of up to $1,000 or more, depending on the severity of the offense.
- Jail time of up to 1 year.
- Mandatory alcohol education programs.
- Community service as part of the conviction.
- Increased penalties for repeat offenders
A Brooklyn accident lawyer understands New York’s drunk driving laws and can use this knowledge to advocate for your rights and identify all possible avenues for compensation.
What Is the Dram Shop Law in New York?
New York’s Dram Shop Act holds bars, restaurants and other alcohol-serving establishments accountable if they serve alcohol to a person who is visibly intoxicated or underage, and that person later causes a drunk driving accident. If you’ve been injured in a drunk driving accident caused by a patron who was over-served at a bar, you may have grounds to sue the establishment in addition to the drunk driver.
What Accidents and Injuries Are Associated With Alcohol Use?
Drunk driving accidents often result in severe injuries and even fatalities. The risks increase with higher speeds, more vehicles involved or a larger number of bystanders. In Brooklyn, pedestrians and cyclists are particularly vulnerable in a drunk driving accident. The severity of the injuries will often depend on several factors, including the force of the collision, where the vehicles are struck and how fast they were traveling.
The most common drunk driving injuries include:
- Head Trauma: Concussions, taumatic brain injuries
- Spinal Cord Injuries: Paralysis
- Fractures: Broken bones, joint injuries
- Internal Injuries: Damage to organs
- Soft Tissue Injuries: Whiplash, bruises, strains
- Psychological Trauma: Emotional distress, PTSD
These injuries can result in long-term physical, emotional and financial consequences. For victims, the aftermath of a drunk driving accident can affect their ability to work, maintain relationships and live independently.
What Impacts the Severity of Drunk Driving Injuries in Brooklyn?
Several factors play a role in the severity of injuries sustained in a drunk driving accident, including:
- The speed of the vehicles involved
- The location of the collision (front, rear, or side impact)
- The number of vehicles involved (single-vehicle accidents versus multi-vehicle pile-ups)
- The type of vehicles involved (smaller vehicles like motorcycles are more likely to suffer fatal injuries in a crash)
In Brooklyn, where traffic congestion is a common issue, the likelihood of accidents involving multiple vehicles increases, thereby amplifying the potential for serious injury.
What Compensation Can You Seek in a Drunk Driving Accident?
If you or a loved one has been injured in a drunk driving accident, you may be entitled to seek compensation for a variety of damages.
Economic Damages
Economic damages are designed to compensate you for the tangible financial losses you incur as a result of the accident. These damages are typically easier to calculate because they are based on actual monetary losses.
- Medical Bills: This includes all past, present and future medical expenses related to the accident. Medical bills can include emergency room visits, hospitalization, surgeries, physical therapy and ongoing treatments or medications.
- Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for the wages you lost while recovering. If your injuries are permanent and affect your ability to return to work, you may also be able to seek compensation for future lost income.
Property Damage: If your vehicle or other personal property was damaged in the accident, you can seek compensation for the repair or replacement costs. - Out-of-Pocket Expenses: These include any additional costs directly related to the accident, such as transportation expenses for medical appointments, home modifications to accommodate disability needs or caregiving services if you require assistance during your recovery.
Non-Economic Damages
Non-economic damages are designed to compensate you for the intangible, emotional effects of the accident. These damages can be harder to quantify, but they are no less important for the victim’s recovery.
- Pain and Suffering: This compensation is meant to address the physical pain and emotional distress caused by the accident. The severity of your pain, the length of time it lasts and how it affects your daily life will be considered.
- Emotional Distress: In addition to physical pain, many accident victims experience emotional trauma, such as anxiety, depression or post-traumatic stress disorder. Compensation can be awarded for the psychological toll of the accident.
- Loss of Enjoyment of Life: If the accident has significantly impacted your ability to engage in activities you once enjoyed, you may be able to seek compensation for the loss of these pleasures.
- Loss of Consortium: This type of compensation can be awarded to a spouse or family member who has been affected by the victim’s injuries, particularly if the injuries have caused a significant loss of companionship, intimacy or support.
In cases involving particularly egregious or reckless behavior, such as repeat offenders or exceptionally dangerous driving, punitive damages may be awarded. These damages are intended to punish the at-fault driver and deter similar conduct in the future. While punitive damages are not common in every case, they may be applicable in drunk driving accidents where the driver’s actions were grossly negligent or intentional.
What Is the Statute of Limitations for New York State Drunk Driving Accidents?
In New York, the statute of limitations for filing a lawsuit following a drunk driving accident is generally three years. This means you must file your claim within three years of the accident date to preserve your right to seek compensation.
Brooklyn’s Drunk Driving Accident Victims Trust Cellino Law
If you’ve been a victim of a drunk driving accident in Brooklyn, don’t wait to seek justice. The dedicated team at Cellino Law will fight to hold the responsible driver accountable and ensure you receive full compensation for your injuries. Contact us today for a free consultation and take the first step toward reclaiming your life.