Did you sustain injuries in a collision caused by a driver who was operating a vehicle under the influence of alcohol? It’s hard enough to find yourself injured in the aftermath of a crash, but it can be even harder to heal when you learn that the at-fault driver was intoxicated.
At Chaikin Trial Group Personal Injury Lawyers, we understand the importance of legal help for victims of these collisions. Our Nassau County drunk driving accident lawyers will focus on investigating the collision and collecting evidence relevant to your case.
As attorneys with 50 years of combined experience, we know how to converse with insurance companies and pursue compensation on your behalf. In fact, we’ve recovered over $100 million for our clients. Call us for advice from a car accident lawyer in Nassau County.
Drunk Driving Can Support Your Negligence Claim
Since a criminal case and a personal injury claim are separate legal matters, you don’t have to wait for the driver’s criminal case to conclude before discussing your civil rights with a Nassau County drunk driving accident attorney.
Here’s what your personal injury lawyer in Nassau County can investigate on your behalf:
- Whether alcohol impairment contributed to the collision
- Whether there’s sufficient evidence showing how the driver’s conduct caused your injuries
That information could include a police report, field sobriety observations, chemical test results, statements from witnesses, surveillance footage, photographs, medical records, and other records connected to the collision.
New York law prohibits driving while a person’s ability is impaired by alcohol and prohibits driving while intoxicated. Vehicle and Traffic Law § 1192 also establishes a per se intoxication standard based on a blood alcohol concentration of .08% or higher.
For an injured person, the significance of this law goes beyond the fact that the other driver could face criminal or traffic penalties. A drunk driver who causes a collision can also face civil liability for the injuries and losses resulting from the crash.
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Police Evidence Can Become Important to Your Case
When a driver is suspected of drunk driving, law enforcement often creates records that can provide useful evidence for a personal injury claim. Here’s what these records could include information about:
- The driver’s conduct
- Statements at the scene
- Observations by officers
- Chemical testing
- Any citations
- Criminal charges
A drunk driving accident attorney in Nassau County can obtain relevant records and examine how they fit into your civil claim. This can help establish what happened before the crash and whether alcohol played a role in the collision.
It’s important to understand that a criminal conviction is not necessarily required for you to have a civil case. A civil claim has its own set of legal standards and evidence requirements. Your drunk driving accident attorney in Nassau County will build your claim based on the evidence.
New York has separate criminal penalties for violations involving driving while intoxicated. Vehicle and Traffic Law § 1193 establishes criminal sanctions for various violations of § 1192. Your drunk driving accident lawyer in Nassau County can monitor relevant developments.
Alcohol Impairment Doesn’t Automatically Determine Every Damage Question
A lot of people wonder what to do after being hit in a drunk driving accident in New York. It can feel obvious that a drunk driver should be held responsible after causing a crash.
Legally, though, your attorney still has to establish the elements of your civil claim and document the losses connected to your injuries. The other driver’s intoxication can provide important evidence concerning negligent conduct.
However, your case also requires evidence connecting that conduct to the collision and your injuries. For example, our drunk driving accident lawyers in Nassau County can determine if:
- The driver was traveling too fast
- The driver crossed into another lane
- The driver failed to obey a traffic signal
- The driver failed to yield
- The driver struck your vehicle from behind
- The driver lost control of their vehicle
- The driver made an unsafe turn
- The driver left the roadway
The purpose of this investigation is to create a complete picture of the crash. A drunk driving victim lawyer in Nassau County can compare the driver’s alleged conduct with the available physical and documentary evidence rather than relying on assumptions about what happened.
New York’s No-Fault System Can Affect Your Claim
Your first source of compensation after a drunk driving accident in New York will likely be your personal injury protection (PIP) coverage. New York Insurance Law § 5103 extends first-party benefits for covered people injured through the use or operation of a motor vehicle.
The law defines basic economic loss to include certain medical expenses and lost earnings, subject to statutory limits and other requirements.
No-fault benefits are different from a personal injury lawsuit against the driver who caused your injuries. Depending on the circumstances of the crash, you may be able to sue the driver for additional damages beyond your PIP coverage.
Your attorney can help identify the insurance benefits available to you while also evaluating whether your injuries support a civil claim for additional damages.
For Advice From a Nassau County Drunk Driving Accident Lawyer, Call Chaikin Trial Group Personal Injury Lawyers Today
At Chaikin Trial Group Personal Injury Lawyers, we focus on treating our clients as individual people, not case numbers. We work with a sense of urgency rarely found elsewhere, and we give our clients direct access to their attorneys throughout the legal process.
Known for working aggressively when insurance companies push back, we are direct about what our clients can realistically expect. Every case is prepared as though it will go to trial, and our clients receive help from a legal team that will keep fighting on their behalf.
We also work on a contingency-fee basis, meaning you won’t have to pay any upfront attorney fees. Take a look at our verdicts & settlements to see what we’ve done for other clients, and then contact us for a free consultation. Come in as a client, leave as a friend.
