Getting hit by a drunk driver is one of the most traumatic experiences a person can face—physically, emotionally, and financially. In New York City, where traffic congestion and high pedestrian activity increase the risks, drunk driving collisions can be especially devastating.
If you or someone close to you was injured by an impaired driver, you might be wondering what rights you have, how the law works, and what steps to consider next. Speaking with a knowledgeable drunk driver accident lawyer in New York can help you make informed decisions and protect your legal rights.
This guide breaks down key legal principles in New York related to drunk driving accidents and what injured victims may want to understand moving forward.
Need Help After a Drunk Driving Accident in New York?
Injured by a drunk driver in NYC? An experienced personal injury lawyer in New York can help you understand your rights and guide you through your next legal steps.
📍 147 E 82nd St, Suite 6B, New York, NY 10028
📞 (917) 941-4094
📧 Ira@irapintel.com
Drunk Driving Is a Criminal Offense—But What About Injury Victims?
When someone drives under the influence of alcohol or drugs, it’s more than just a traffic violation—it’s a criminal offense in New York. The state has strict DWI (Driving While Intoxicated) laws, and offenders can face fines, license suspension, or even jail time.
But criminal charges don’t necessarily help the victim recover damages like medical bills, lost wages, or pain and suffering. That’s where civil law comes into play. Injured victims may be entitled to file a personal injury claim against the drunk driver to seek compensation for the losses they’ve suffered.
What Are Your Legal Options If You’ve Been Hit by a Drunk Driver?
Depending on the severity of the crash and the impact on your life, different legal paths may apply. Here are the most common routes:
1. No-Fault Insurance Coverage
New York follows a no-fault system for car accidents, meaning your own insurance typically covers basic medical expenses and lost income—regardless of who caused the crash. However, this coverage is limited and doesn’t apply to non-economic damages like pain and suffering.
2. Filing a Personal Injury Lawsuit
If your injuries are considered “serious” under New York law—such as fractures, disfigurement, permanent limitations, or long-term disability—you may step outside the no-fault system and file a lawsuit against the drunk driver. This can open the door to broader compensation.
3. Punitive Damages
In standard car accidents, compensation is limited to actual losses. But in cases involving drunk drivers, punitive damages may be available. These are designed not just to compensate victims, but to punish especially reckless behavior.
What Counts as “Serious Injury” in New York?
Under New York Insurance Law §5102(d), a “serious injury” may include:
- Significant disfigurement
- Bone fractures
- Permanent loss of use of a body part or organ
- Significant limitation of use of a body system or function
- Substantial full disability for 90+ days within 180 days of the accident
If your injuries meet any of these criteria, you may be eligible to bring a claim outside of the no-fault system.
What If the Driver Was Also Arrested or Convicted?
A criminal conviction for DWI doesn’t automatically guarantee you’ll win a civil lawsuit, but it can strengthen your case significantly. Evidence used in criminal court—such as a failed breathalyzer test, police reports, or field sobriety results—may also be used in civil proceedings.
Even if the driver avoids conviction, you may still pursue a civil case. The standard of proof in personal injury lawsuits is lower than in criminal cases. That means you don’t need to prove guilt “beyond a reasonable doubt,” but rather that it’s more likely than not that the drunk driver’s negligence caused your injuries.
Can a Bar or Restaurant Be Held Liable?
New York’s Dram Shop Law allows victims to hold alcohol-serving establishments liable under certain conditions. If a bar, club, or restaurant served alcohol to a visibly intoxicated person who later caused injury, the establishment may share responsibility for the damages.
These claims can be complex, requiring witness statements, surveillance footage, or proof of over-service. But in some cases, they may lead to additional compensation, especially when the drunk driver has limited personal assets or insurance coverage.
Steps You May Want to Take After a Drunk Driving Accident
- Call and Get Medical Help – Ensure the accident is officially reported and medical attention is received promptly.
- Get a Copy of the Police Report – This often includes evidence of intoxication, which can support a civil claim.
- Collect Evidence – Photos, videos, witness contact details, and notes about the driver’s behavior can all be important.
- Track All Expenses – Keep receipts and records of medical care, time off work, and out-of-pocket costs.
- Understand Your Legal Rights – Even if you don’t intend to take legal action, knowing your rights may protect you from being under-compensated.
Understanding the Statute of Limitations
In New York, the statute of limitations for personal injury claims is three years from the date of the accident. However, if a bar or restaurant is being sued under the Dram Shop Law, the timeline may be shorter—usually within one year.
Missing these deadlines can prevent you from pursuing any claim, so timely action is often important.
FAQs
Q1: Can I still file a claim if the drunk driver wasn’t charged or convicted?
Yes. Civil cases operate independently from criminal charges. You can file a personal injury lawsuit even if the driver wasn’t formally convicted of DWI.
Q2: What damages can I recover after being hit by a drunk driver in New York?
Possible compensation includes medical bills, lost wages, property damage, pain and suffering, and in some cases, punitive damages for egregious behavior.
Q3: Can I sue a bar that served the drunk driver?
Possibly. Under New York’s Dram Shop Law, an establishment can be held liable if it knowingly served alcohol to someone visibly intoxicated who later caused harm.
Need Help After a Drunk Driving Accident in New York?
Injured by a drunk driver in NYC? An experienced personal injury lawyer in New York can help you understand your rights and guide you through your next legal steps.
📍 147 E 82nd St, Suite 6B, New York, NY 10028
📞 (917) 941-4094
📧 Ira@irapintel.com
