Brooklyn DUI Accident Lawyer
Were you injured in a car accident caused by a drunk driver in Brooklyn, NY? If so, you may be entitled to compensation. Rosenbaum Personal Injury Lawyers can help you take legal action and work toward a resolution that puts as much money into your pocket as possible.
Our award-winning Brooklyn DUI accident lawyers have more than 40 years of combined experience and have recovered tens of millions of dollars for clients across New York City. We’re ready to get going on your claim right away, so contact our law office today to schedule a free consultation.
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How Rosenbaum Personal Injury Lawyers Can Help After a Drunk Driving Accident in Brooklyn, New York
When a drunk driver causes an accident in Brooklyn, New York, they might face criminal penalties for their actions.
However, that doesn’t automatically compensate the victims they’ve injured. You’ll still need to file a personal injury claim to recover the damages you’re owed.
As Rosenbaum Personal Injury Lawyers, our Brooklyn car accident attorneys are ready to guide you through the process from start to finish. When you hire us, we can:
- Conduct a full investigation into the cause of your crash
- Gather evidence such as police reports, BAC test results, and more
- Identify every party that may share liability
- Work with accident reconstruction experts to strengthen your claim
- Handle all of the insurance communications and negotiations
- Calculate the full value of your claim
- Take your case to trial if the insurance company refuses a fair settlement
We take DUI accident cases personally. Schedule a free case review with our Brooklyn personal injury lawyers.
How Does DUI Accident Liability Work in New York?
Under New York Vehicle and Traffic Law § 1192, it’s illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%. For drivers under 21, any detectable amount of alcohol can lead to penalties under the state’s zero-tolerance law.
If a driver causes an accident while intoxicated, they can be held both criminally and civilly liable. Criminal cases are handled by the state and focus on punishment. Civil claims, on the other hand, are designed to give victims monetary damages for their injuries.
Importantly, even if the drunk driver is acquitted in criminal court, you can still pursue a civil claim because the burden of proof is lower in civil proceedings.
Although New York is considered a “no-fault” state for car accidents, you can still file a claim against the at-fault party (or parties) in numerous circumstances, such as if your losses exceed your policy limits or if you’ve suffered a “serious injury” per state law.
What Damages Can I Recover After a DUI Accident in Brooklyn?
Drunk driving accidents often lead to severe injuries that could require lifelong medical treatment. Victims may be entitled to recover compensation for both economic and non-economic damages in these cases, such as:
- Current and future medical expenses
- Lost wages/diminished earning capacity
- Rehabilitation and therapy costs
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability
If the at-fault driver’s conduct was particularly egregious, you may also be awarded punitive damages. These damages are meant to punish the wrongdoer and deter others from similar behavior.
Can a Bar or Restaurant Be Liable for My Injuries?
In addition to the intoxicated driver, other parties might share responsibility under New York’s Dram Shop Law (General Obligations Law § 11-101). This law and other similar statutes allow you to file a claim against a bar, restaurant, or other establishment that served alcohol to:
- A visibly intoxicated person, or
- Someone under the age of 21
If an establishment overserved a driver who later caused your accident, our personal injury lawyers can investigate and pursue a separate claim against that business. These cases can potentially allow you to access additional compensation, including when the driver themselves doesn’t have the resources to pay.
How Long Do I Have to File a DUI Accident Lawsuit in New York?
New York’s statute of limitations typically gives victims three years from the date of the accident to file a personal injury lawsuit. If the crash resulted in a fatality, the deceased’s family typically has two years from the date of death to bring a wrongful death lawsuit.
However, since there are exceptions to these time limits, it’s best to consult with a car accident attorney as soon as possible. That way, you can ensure your claim is filed correctly and on time.
Contact Our Brooklyn DUI Accident Attorneys for a Free Consultation
If you or a loved one were injured by a drunk driver in Brooklyn, Rosenbaum Personal Injury Lawyers is ready to help. With over 40 years of combined experience and tens of millions recovered for clients, our firm has the skill and determination needed to fight for the results you deserve.
Contact our Brooklyn DUI accident attorneys today to schedule a free consultation. We work on a contingency fee basis, which means we only get paid if we successfully handle your case.
