An 18-year-old passenger from Deer Park was seriously injured early Saturday morning, October 24, 2026, when the Mercedes-Benz she was riding in crashed into a curb and then a utility pole in West Babylon, according to Suffolk County Police. The 20-year-old driver, a Levittown man, was charged with driving while intoxicated. As a Long Island drunk driving accident lawyer team, Chaikin Trial Group sees how quickly a single impaired decision can change a family’s life, and we want injured passengers and their loved ones to understand the rights New York law gives them.
What Happened on Straight Path in West Babylon
According to Patch and LongIsland.com, which both cited Suffolk County Police, the crash happened at about 3:49 a.m. on Saturday. Police said a 2021 Mercedes-Benz was traveling eastbound from 17th Street across Straight Path “at a high rate of speed” when it struck a curb and then a utility pole.
The passenger, 18, was taken to Good Samaritan University Hospital in West Islip with injuries police described as serious but non-life-threatening. The driver, 20, was arrested and charged with driving while intoxicated and was scheduled to be arraigned at First District Court in Central Islip. Police impounded the vehicle for a safety check, and First Squad detectives are investigating. Anyone with information is asked to call the First Squad at 631-854-8152.
A criminal charge is only an accusation. The driver is presumed innocent unless and until proven guilty in criminal court. A civil injury claim, however, is a separate process with its own standards, and it does not depend on the outcome of the criminal case.
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Drunk Driving Crashes on Long Island and Across the U.S.
Alcohol-impaired driving remains one of the leading causes of serious Long Island car accident injuries. According to the National Highway Traffic Safety Administration (NHTSA), about 32 people in the United States die in drunk-driving crashes every day, or one person every 44 minutes. NHTSA reports 11,904 deaths in alcohol-impaired driving crashes in 2024, and about 30% of all U.S. traffic deaths involve a driver with a blood alcohol concentration of .08 or higher.
Your Legal Rights After a Drunk Driving Accident in New York
If you were injured as a passenger in a car accident, New York law gives you several possible paths to compensation. Every case is different, and a personal injury lawyer can review the specific facts, but here is a general overview.
No-Fault benefits come first
New York is a No-Fault state. Injured drivers, passengers and pedestrians can generally receive No-Fault benefits for reasonable medical expenses, a portion of lost wages and certain other costs, up to the policy limits (basic coverage is $50,000), regardless of who caused the crash. No-Fault applications have strict deadlines, generally within 30 days of the accident, so it is important to act quickly.
The serious injury threshold
To sue an at-fault driver for pain and suffering in New York, an injured person must meet the serious injury threshold in New York Insurance Law § 5102(d). Qualifying injuries include, among others, fractures, significant disfigurement, permanent loss or limitation of use of a body part, and injuries that prevent a person from performing their usual daily activities for at least 90 of the first 180 days after the accident.
Claims against the driver and the vehicle owner
A passenger can generally bring a claim against a negligent driver, including the driver of the car they were riding in. Under New York Vehicle and Traffic Law § 388, the owner of a vehicle can also be held responsible when someone drives it with the owner’s permission. Insurance coverage, including the driver’s or owner’s liability policy and, in some cases, the injured person’s own supplementary uninsured/underinsured motorist (SUM) coverage, may come into play.
New York’s dram shop and underage-furnishing laws
New York’s Dram Shop Act (General Obligations Law § 11-101) can allow injured people to bring claims against a business that unlawfully sold alcohol to a visibly intoxicated person who then caused harm. A separate law, General Obligations Law § 11-100, can apply to anyone who knowingly furnishes alcohol to a person under 21. Police have not released information about where any alcohol was obtained in this case, and these laws apply only when their specific requirements are met. A drunk driving accident lawyer can investigate whether they apply.
Time limits
In New York, most personal injury lawsuits must be filed within three years of the accident. Wrongful death claims generally must be filed within two years of death. Shorter deadlines can apply when a government entity is involved, including a Notice of Claim that is usually due within 90 days. Waiting can put a claim at risk, so it is wise to speak with a lawyer early.
What To Do After a Car Accident in New York
If you or a loved one was hurt in a crash involving a suspected drunk driver, these steps can help protect your health and your claim:
- Get medical care right away. Some injuries, including head and internal injuries, may not be obvious at first.
- Call 911 and get a police report. In a DWI case, the police investigation and any criminal charges can be important evidence.
- Document everything. Take photos of the vehicles, the scene and your injuries, and save medical records and bills.
- File for No-Fault benefits promptly. Missing the deadline can jeopardize coverage for medical bills and lost wages.
- Talk to a lawyer. An experienced Suffolk County car accident lawyer can preserve evidence, identify every source of insurance and handle communications for you.
How Chaikin Trial Group Can Help
Chaikin Trial Group is a trial-focused personal injury firm with offices in Melville, Long Island, and Manhattan. As a Long Island drunk driving accident lawyer team, we help injured passengers, drivers and pedestrians throughout Nassau and Suffolk counties, New York City and Westchester. We can:
- Investigate the crash, including police reports, the criminal case record and available video;
- Identify every potentially responsible party, from the driver and vehicle owner to any party that may be liable under New York’s dram shop laws; and
- Work with medical professionals to document your injuries and the serious injury threshold.
Learn more about our practice areas, see the communities we serve, review our case results and read client reviews. Past results do not guarantee a similar outcome.
FAQ: Drunk Driving and Passenger Injury Claims on Long Island
Can I sue the driver if I was injured as a passenger in a car accident?
Generally, yes. A passenger can bring a claim against a negligent driver, including the driver of the car they were in, as long as the injury meets New York’s serious injury threshold.
What is the serious injury threshold in New York?
It is the legal standard in Insurance Law § 5102(d) that an injured person must meet to recover for pain and suffering after a car crash. Examples include fractures, significant disfigurement and injuries that keep you from your normal activities for 90 of the first 180 days.
How much does it cost to hire a Suffolk County car accident lawyer?
At Chaikin Trial Group, consultations are free and we work on a contingency fee basis, which means there is no fee unless we win. See our FAQs for more.
Speak With a Long Island Drunk Driving Accident Lawyer Today
If you or someone you love was hurt by an impaired driver in West Babylon or anywhere on Long Island, you do not have to face the insurance companies alone. A Long Island drunk driving accident lawyer at Chaikin Trial Group can explain your options in a free, confidential consultation. There is no fee unless we win. Contact us online.
Attorney Advertising. This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.