Alcohol-Related Accident Statistics in New York State
Driving while intoxicated is dangerous, and the statistics surrounding drunk driving paint a grim picture. According to the National Safety Council, drunk drivers cause more than 13,000 deaths in the United States each year. This total averages over 250 funerals each week, or one death every 40 minutes.
In New York, over 20% of fatal crashes are alcohol-related. These numbers represent real people, families, and communities affected by the devastating consequences of drunk driving.
Bars that overserve customers can contribute to these statistics. To combat drunk driving accidents and similar tragedies, legislators have passed dram shop laws in New York and many other states. These laws aim to hold establishments that sell alcohol accountable for irresponsible alcohol sales.
Dram Shop Liability in New York State
The term “dram shop” refers to a business that serves alcohol. Dram shop liability is a legal doctrine that holds businesses and individuals responsible for serving alcohol to patrons who become intoxicated and subsequently cause harm to themselves or others.
What Types of Injuries Fall Under Dram Shop Liability Laws?
Dram shop laws are closely associated with drunk driving accidents. However, other types of injuries can lead to dram shop liability claims, including bar fights and trip and fall accidents.
When Can a Bar Be Held Liable for Injuries Caused by Customers?
In New York, victims can file claims against businesses for injuries caused by their customers in a few different situations.
How to Prepare for a Dram Shop Liability Case
When you are injured in an accident caused by another person, remember the following steps:
- Seek Immediate Medical Attention: Even if your injuries seem minor, get a medical evaluation to document any potential issues.
- Contact the Police: Report the accident to the authorities and obtain a police report.
- Gather Evidence: If possible, ask witnesses for contact information and take photographs of the scene and your injuries.
- Don't Discuss Fault: Avoid making statements about who was at fault; let the police and your lawyer handle that.
- Consult With a Dram Shop Liability Lawyer: Contact our law offices as soon as possible to discuss your rights and options.
Building a strong personal injury case requires acting quickly to protect your rights and preserve evidence.
Dram Shop Liability Cases: Your Legal Options
The best path to compensation in your dram shop liability case may involve an insurance claim and a personal injury lawsuit. If you are injured by a drunk driver, for example, your first step may be to file a claim against your own personal injury protection policy. Unfortunately, these policies are rarely robust enough to cover the expenses related to serious injuries.
To recover your remaining losses, you have the right to file a claim against the person who injured you. However, this person may not have enough funds to repay your expenses. In that case, your lawyer may advise you to file an insurance claim or lawsuit against the business that overserved this person.
Personal Injury Lawsuit Deadline: Statute of Limitations for Dram Shop Liability Cases in NYS
In New York, the statute of limitations for personal injury lawsuits is three years. This deadline applies to most dram shop liability claims. However, it's crucial to consult with a lawyer as soon as possible to begin building your case.
Damages You Can Recover Through a Dram Shop Liability Claim in New City, NY
When you file a claim under dram shop laws in New City, NY, you may be able to recover compensation for your losses, both monetary and nonmonetary.
You’ll likely seek the following economic damages:
- Medical Expenses: Costs for hospital stays, doctor visits, surgeries, medications, and rehabilitation
- Lost Wages: Income lost due to missed workdays and reduced earning capacity
- Property Damage: Repairs or replacement costs for your vehicle or other personal property damaged in the accident.
Then, your lawyer will use established legal principles to estimate a fair award for non-economic damages. These may include:
- Pain and Suffering: Physical and emotional pain you experience as a result of the injury
- Emotional Distress: The psychological trauma and stress you may have experienced, such as anxiety, PTSD, or depression
At Fellows Hymowitz Rice, our dram shop liability attorneys know the emotional impact of a serious injury, and we’ll fight hard to get you the full damages you deserve.
Wrongful Death Claims
If the accident resulted in a fatality, the victim's family may be entitled to compensation for their loss. This can include loss of companionship, support, and guidance.
Who Can Be Held Responsible When an Intoxicated Person Causes an Injury?
In a dram shop case, multiple parties may be held liable.
How Fellows Hymowitz Rice's Dram Shop Liability Attorneys Can Help You
Our New City dram shop liability lawyers have a deep understanding of New York's dram shop laws and the legal process involved in these cases. We are committed to:
- Thorough Investigations: We will conduct a full investigation of your dram shop case, gathering evidence, interviewing witnesses, and reviewing relevant documents.
- Aggressive Representation: We will fight tirelessly to establish liability against the responsible parties and recover full compensation for your injuries.
- Steadfast Negotiations: We will negotiate with insurance companies and other parties involved to secure a fair settlement.
- Trial-Readiness: If a fair settlement cannot be reached, we are prepared to take your case to trial and aggressively represent you in court.
We know how to get fair results for our clients, and we have the experience and resources necessary to fight for you in court.
