Schenectady Drunk Driving Accident Lawyer
Were you hit by a drunk driver? Accidents involving impaired motorists can cause substantial harm and expense, on top of a deep feeling of injustice.
The team at Dalmata, Maloy & Burke, LLP is ready to help you fight for compensation for your injuries and losses. Our reputable law firm has over 30 years of experience and has recovered millions in verdicts and settlements for injured people in Schenectady and the surrounding communities.
Reach out 24/7 for a free consultation with an experienced Schenectady drunk driving accident lawyer.
What Is Considered Drunk Driving in New York?
New York law prohibits operating a vehicle while impaired. A driver is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08 percent or higher. The threshold is 0.04 percent for commercial drivers and 0.02 percent for drivers under 21. The drunk driving statute also applies to impairment by illegal, prescription, or over-the-counter drugs if they affect the driver’s ability to safely operate a vehicle.
Civil vs. Criminal Drunk Driving Cases in New York
A drunk driver may face both criminal charges and civil liability for a single impaired driving incident:
- Criminal proceedings, which are led by the state, focus on punishing the offender through fines, license suspension, or jail time.
- Civil cases are separate and allow victims to pursue financial compensation from drunk drivers for the financial and personal harm they cause.
Even if the driver is acquitted in criminal court, a victim may still succeed in a civil lawsuit, which requires a lower burden of proof.
Compensation for Drunk Driving Accident Victims in New York
If you suffered injuries in a collision caused by a drunk driver, you may be entitled to compensation for the resulting losses. New York law typically requires car accident victims to first turn to their own Personal Injury Protection (PIP) coverage, which covers medical bills and some lost income after a crash.
Unfortunately, the serious injuries that drunk driving crashes tend to cause often end up costing more than your PIP policy covers. When that happens, you may be able to seek additional car accident compensation from the drunk driver and other liable parties. Depending on your injuries and recovery sources, that compensation may include:
- Medical expenses, including future care
- Rehabilitation costs
- Lost wages
- Reduced earning potential
- Pain and suffering
- Emotional distress
- Loss of quality and enjoyment of life
- Vehicle and personal property damage
Some drunk driving accident cases also result in punitive damages awarded to victims as a means of holding the drunk driver accountable for their extreme recklessness.
How Our Schenectady Drunk Driving Accident Lawyers Can Help You
DMB Legal understands the physical, emotional, and financial toll a drunk driving accident can take. That’s why our team is committed to pursuing justice and demanding the compensation you deserve. When you choose us to serve as your drunk driving injury lawyers in NY, we can:
- Investigate the accident and gather evidence of intoxication
- Calculate the value of your losses, both now and in the future
- Manage all communication with insurance companies and opposing counsel
- Identify all potential sources of compensation to maximize your recovery
- Consult with medical, financial, and accident reconstruction experts
- Negotiate for a fair settlement or take your case to trial if necessary
Frequently Asked Questions (FAQs) About Drunk Driving Accidents in New York
New Yorkers injured in collisions with intoxicated drivers often have questions about their legal rights and options. Here are brief answers to some of the most common.
What should I do if I have been injured in a drunk driving accident?
If you can, you should take the following steps after a drunk driving collision:
- Call 911
- Cooperate with the police at the scene
- Seek immediate medical attention
- Document the crash with photos
- Note any signs of the other driver’s intoxication
- Gather contact information for witnesses
Avoid speaking with insurance adjusters until you’ve consulted a drunk driving accident lawyer who can help protect your rights and evaluate your potential claim.
How soon should I speak to an attorney after a drunk driving accident?
Reach out to an experienced personal injury attorney as soon as possible. Securing prompt legal representation can preserve key evidence, guide you through insurance issues, and prevent mistakes that could weaken or jeopardize your case. Taking swift action also ensures your personal injury claim is filed within applicable legal deadlines.
Can I file a wrongful death lawsuit if my loved one died in a drunk driving accident in New York?
New York law allows the personal representative of the deceased person’s estate to bring a wrongful death lawsuit. These claims can seek damages for your family’s losses resulting from the drunk driving crash. Our attorneys can determine your eligibility and guide you through the legal process.
What is the Dram Shop Law?
New York’s Dram Shop Law allows victims of drunk driving accidents to pursue legal action against bars, restaurants, or other establishments that unlawfully served alcohol to the driver. If a business knowingly sold alcohol to someone who was visibly intoxicated or underage and caused a crash, the establishment may bear partial liability for your losses. Social hosts may also be held responsible for knowingly serving minors who cause drunk driving collisions.
What if the drunk driver who hit me doesn’t have enough insurance to cover my damages?
If the drunk driver lacks sufficient insurance coverage, you may be able to seek compensation from:
- Your own uninsured/underinsured motorist (UM/UIM) coverage
- A business or social host who illegally served the drunk driver
- Other negligent parties who contributed to the collision
Our lawyers can review your policy, identify other potential sources of recovery, and take legal action against all parties who may bear responsibility for your injuries.
What is the statute of limitations on Car Accidents in New York?
New York law typically gives injury victims three years from the accident date to file a lawsuit. Failure to act in time will likely result in losing your legal right to financial recovery. Some circumstances may alter the filing deadline, so it’s important to discuss your case with a Schenectady car accident attorney as soon as possible.
Contact a Schenectady Drunk Driving Accident Lawyer at Dalmata, Maloy & Burke, LLP Today
If you were injured in an accident caused by a drunk driver, you deserve justice for the harm their reckless actions have caused you. But you shouldn’t have to seek that justice on your own.
A NY drunk driving accidents lawyer from DMB Legal can handle the process of pursuing fair compensation for your injuries and other losses. As one satisfied client wrote:
“Recently I had the opportunity to hire Dalmata, Maloy & Burke, LLP for a personal injury lawsuit. A personal injury lawsuit can be very stressful and thanks to Dalmata, Maloy & Burke, LLP I made it through keeping my sanity and dignity. My final settlement was very rewarding thanks again to my lawyer who diligently worked for me and took a sincere interest in my case. At this time, I would like to personally thank my attorney John Massaroni for his perseverance and professionalism.” – Sandra L.
When you trust Dalmata, Maloy & Burke, LLP with your drunk driving accident claim, you can rest easy knowing we’ll put our experience and resources to work to demand every dollar you’re owed. Our team values our close relationships with our clients and provides personalized support for each case. We’re available 24/7 and respond quickly to calls, messages, and emails.
Contact us right away to discuss your case with a Schenectady drunk driving accident lawyer and learn more about how we can support you.