As a victim of a DUI accident in New York, you have the right to pursue a civil personal injury claim for compensation. This is still an option available to you, even if the driver is already facing criminal charges.
Instead of trying to advocate for your rights on your own, contact a Bronx personal injury lawyer who can help you prove liability, handle insurance-related issues, and maximize the amount of recovery you receive.
How New York Laws Look at DUI Accident Claims
Even though crashes caused by drivers operating the vehicle under the influence usually involve criminal charges, your injury claim requires strong proof of negligence and damages. Now, in the state of New York, driving under the influence is strong evidence of negligence.
However, victims are still required to show how the collision caused their physical injuries and resulted in financial losses. This is where attorneys become more important than ever because they know how to gather police reports, review toxicology results, and read witness statements.
Your lawyer can also contact a crash reconstructionist for help with the evidence that is needed to build a complete argument. New York Vehicle and Traffic Law § 1192 defines impaired driving offenses, and your lawyer can use these violations as powerful evidence in your case.
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Compensation DUI Accident Victims Can Usually Recover
DUI accident victims in New York may be entitled to compensation for both economic and non-economic losses, depending on the severity of the injuries and the available insurance coverage.
A personal injury attorney can evaluate your case and pursue compensation for the following damages on your behalf:
- Medical expenses
- Lost wages
- Future treatment costs
- Pain and suffering
- Reduced quality of life
In more serious cases, you might be eligible to recover damages for long-term disability and permanent impairment as well. New York is a no-fault insurance state for many motor vehicle accidents, so your medical expenses will be covered through Personal Injury Protection (PIP).
However, DUI injury cases often exceed no-fault limits, so it’s possible for victims to pursue additional compensation against the responsible driver. A lawyer can determine when your case qualifies for a lawsuit beyond no-fault coverage and move quickly to file the claim.
What Happens When the Drunk Driver Doesn’t Have Insurance?
Many victims are surprised to learn that insurance coverage is not always straightforward in drunk driving cases.
If the at-fault driver has insurance, a lawyer will negotiate directly with the insurance company to demand full compensation. If the driver is uninsured or underinsured, your own insurance policy may still provide coverage through uninsured motorist benefits.
These claims can be nuanced, and insurance companies usually try to limit payouts, if not deny coverage altogether, based on technical arguments.
How Criminal DUI Charges Can Affect Your Civil Case
A criminal DUI case and a civil injury claim are separate legal processes, and one does not guarantee the outcome of the other. Even if the driver is convicted of DUI, you still need to prove your damages in a civil case.
However, a conviction or evidence of impairment can strengthen your claim. Police reports, breathalyzer results, and guilty pleas can all be used as evidence in settlement negotiations or a trial, depending on the details of your circumstances.
You should get a lawyer who knows how to track the criminal case, obtain records, and use them strategically to strengthen your personal injury claim. This coordination is especially important in serious injury cases where long-term medical costs are involved.
What You Should Expect From the Insurance Company
Insurance companies often move fast after car accidents, including those involving DUI, but their goal is usually to minimize payouts, not to fully compensate victims.
Adjusters try to downplay injuries, argue that medical treatment was unnecessary, or pressure you into accepting early settlement offers.
Once a settlement is signed, victims usually cannot go back and ask for more money after the fact. For a favorable outcome, your lawyer will handle communication with insurers, review settlement offers, and make sure you are not being pushed into an unfair agreement.
Call Chaikin Trial Group Personal Injury Lawyers ASAP to Learn About Your Rights as a Victim of a DUI Accident in New York
After getting hurt in a DUI accident in New York, the number-one step victims should take is to contact Chaikin Trial Group Injury Lawyers as soon as possible. It’s important not to wait too long because you don’t want to miss the legal deadline.
You’ll also want to call lawyers sooner rather than later because important evidence in your case might disappear if you don’t get help ASAP. The sooner our law firm is involved in your situation, the stronger your case could be. Come in as a client, leave as a friend.
Our team treats every client as our own family, and we work with a sense of urgency rarely found in the legal industry. Led by an attorney with 50 combined years of experience, we’ve recovered $100 million for our clients. We’ll work aggressively to maximize your compensation. Contact us today!
