Drunk driving in New York is defined as operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. Driving like this is incredibly dangerous and can cause much damage to property, vehicles, or even lives. Being involved in an accident with a drunk driver can be even more frightening, as one has potential injuries and damages to consider along with the mental impairment of the other driver.
Were you or a loved one injured by a drunk driver? Consider speaking with an experienced car accident lawyer from Stufano Law by calling the office at (914) 752-7746.
What to Do After an Accident With a Drunk Driver
In the event of an accident with a drunk driver, it is important to contact emergency services and ensure that any injuries are promptly addressed. Calling 911 will alert emergency services and allow them to dispatch medical professionals, police officers, or other helpful services. If the drivers are injured and unable to call, any nearby individual should contact emergency services.
Once injuries and medical emergencies are addressed, one may then consider taking photographs of the scene. Collecting evidence and providing accurate documentation can help to provide a clearer picture of the situation to insurance and legal counsel later on. In addition to this, collecting the contact information of bystanders and witnesses can also help build a case. Bystanders may have witnessed the accident and can provide testimony to the case details.
Gathering Evidence
After being hit by a drunk driver, and once it is ensured that there are no critical injuries or other emergencies, collecting evidence can help strengthen the case of a victim. With the omnipresence of mobile phones, many choose to take pictures and videos of the accident. When documenting evidence, it is important to be thorough. Having photos and videos of not only the accident and damage to vehicles, but also the terrain, weather conditions, relevant road signs, and other factors may also prove beneficial.
In addition to photographic evidence, collecting the contact information of both the driver of the other vehicle and bystanders can also strengthen a case. However, if one is injured by a drunk driver, obtaining that information from the driver may not be reasonable. In that case, the investigating officer will be able to provide the name, contact information, and insurance details.
Were you or a loved one injured by a drunk driver? Consider speaking with a capable personal injury attorney from Stufano Law.
Understanding Fault in New York Drunk Driving Cases
However, while most first steps are similar regardless of the type of accident, DUI cases have unique legal proceedings after the fact. While some may assume that a drunk driver is automatically liable for an accident, the truth is more complicated than that. To understand who is at fault in a DUI case, one must understand New York’s policy on fault in vehicle accidents as well as other nuances of the state code.
Pure Comparative Negligence
New York has a pure comparative negligence policy, which means that each party is responsible for damages to the extent that they were responsible for the accident. Even if one party is mostly at fault, their liability may be reduced if there were actions the other driver could have taken to avoid the accident. In light of this, what they owe may be reduced by the degree to which the other party was responsible.
In the event of a drunk driving case, the drunk driver will automatically be held partially responsible because of their alcohol consumption. However, they may not be considered completely liable until further investigation confirms it.
DWI Vs. DWAI
Another factor involved in drunk driving cases is the distinction New York makes between driving while intoxicated (DWI) and driving while ability impaired (DWAI). A DWI, which is identical to a DUI, involves any situation in which one driver’s blood alcohol content is over the legal limit, that being 0.08%.
This is generally more severe than a DWAI, which occurs when a driver is not over the legal limit, but alcohol is clearly affecting their ability to drive. This often comes into effect when the driver’s BAC is between 0.05% and 0.07%, or if there was no blood alcohol test administered, but it was clear that alcohol was involved.
In either case, a DWI or a DWAI will be a factor in determining fault in a vehicle accident case.
Dram Shop Law
Another unique nuance to New York law is the Dram Shop Act. This specific law may hold the restaurant, bar, or other establishment responsible for selling alcohol to a person who is clearly intoxicated or under the legal drinking age.
This may complicate the proceedings due to New York’s pure comparative negligence, as the restaurant or establishment that provided the alcohol to the drunk driver may also be partially liable. However, this would only come into effect if it could be proved that the establishment provided this alcohol unlawfully.
Differences Between a Drunk Driving Accident and a Normal Vehicle Accident
In many cases, an accident will have the same proceedings regardless of whether or not the driver was intoxicated. However, there are several key differences in New York between regular vehicle accidents and DUI cases.
One of these differences is that drunk driving in New York may be considered a criminal offense. This may complicate a lawsuit to recover damages, as the case may be tried as criminal instead of civil, or there may be an overlap of a criminal and a civil case.
Additionally, in New York, drunk drivers can be sued for punitive damages in the event of disfigurement, loss of a limb, loss of a loved one, or other extreme circumstances. In this case, the prosecution would need to prove the fault of the drunk driver to receive punitive damages.
Contact a New York Personal Injury Attorney Today
Drunk driving is not only a crime, but it is also an unnecessary risk that can damage property, endanger people, and permanently alter lives. Because of that gravity, it can be incredibly difficult to sort through the aftermath of a DWI/DWAI incident. There are many complex laws that can affect liability, along with the pain and suffering of any injuries sustained.
Were you or a loved one injured by a drunk driver? An experienced personal injury lawyer from Stufano Law can help determine fault in a DUI case and handle the legal complexities. Consider scheduling a consultation by calling (914) 752-7746.u in a free initial consultation. Call our office at (914) 752-7746 today to get started.