During a recent winter, a 17 year old female student was a passenger in a motor vehicle traveling on the north side of the Van Wyck expressway in Queens, New York.
Birth injuries are serious complications that can occur during the birthing process, potentially leading to lifelong challenges for the child. These injuries can range from minor bruising and swelling to severe, permanent disabilities, such as cerebral palsy or brachial plexus injury.
Common surgical errors include performing the wrong procedure, leaving foreign objects in the body, damaging vital organs, or causing infections. Such mistakes can lead to severe pain, disability, and even death.
Fellows Hymowitz Rice: Your Trusted DUI Accident Lawyers in New City, NY
The legal professionals at Fellows Hymowitz Rice aren’t just lawyers — we're your neighbors, friends, and fellow New City residents.
When tragedy strikes due to the reckless actions of a drunk driver, we're here to offer dependable legal aid and compassionate support during a difficult time. With over 40 years of experience representing drunk driving accident victims, we’ve earned a reputation for meticulous attention to detail and unwavering dedication to our clients.
We know the devastating impact these accidents can have on your life, your family, and your future. That's why we're committed to securing the justice and compensation you rightfully deserve, leaving no stone unturned in your pursuit of fair recovery.
Drunk Driving Accidents in New York: A Preventable Tragedy
Drunk driving remains a persistent and troubling issue across New York State, including in New City. These preventable accidents often lead to severe injuries, life-altering disabilities, and even fatalities.
Drunk driving has long been a problem in New York, and the situation has worsened in recent years. According to New York State Police data, alcohol is a contributing factor to more than 30% of fatal crashes in the state.
Common Injuries and Consequences of Drunk Driving Accidents
The physical and emotional toll of a drunk driving accident can be devastating. These accidents frequently result in serious injuries that require extensive medical treatment, rehabilitation, and ongoing care. Some of the most common injuries include:
Traumatic brain injuries (TBI): These can range from mild concussions to severe brain damage, resulting in cognitive impairments, memory loss, and personality changes.
Spinal cord injuries: Spinal injuries can lead to partial or complete paralysis, impacting mobility, independence, and quality of life.
Broken bones: Fractures can require surgery, casts, and physical therapy, causing significant pain, discomfort, and time away from work.
Internal organ damage: Damage to internal organs can be life-threatening and may necessitate extensive medical intervention.
Back and neck injuries: Whiplash and other soft tissue injuries can cause chronic pain, limited range of motion, and disability.
Wrongful death: In the most tragic cases, the victim of a drunk driving accident doesn’t survive.
These consequences not only cause physical pain and suffering but also present the possibility of emotional trauma, depression, anxiety, and post-traumatic stress disorder (PTSD). The financial burden of medical bills, rehabilitation costs, and lost wages can further exacerbate the stress and hardship for victims and their families.
How Does Alcohol Impact Driving Abilities?
Alcohol consumption impairs a driver's cognitive and motor skills, making them a serious hazard on the road. Even a small amount can negatively impact judgment, reaction time, coordination, and vision.
Some common signs that a driver is under the influence include:
Swerving or weaving between lanes
Driving at erratic speeds, either too fast or too slow
Disregarding traffic signals and signs
Abrupt braking or accelerating
Difficulty maintaining a consistent lane position
Delayed reaction times
Impaired judgment and decision-making
If you observe a driver exhibiting these behaviors, it's important to maintain a safe distance and report them to the police. Your vigilance could potentially save lives.
New York's Laws on Drunk Driving
New York takes a strict stance against drunk driving, recognizing the dangers posed by intoxicated drivers on the road. To address this issue, the state has implemented a range of laws and regulations aimed at deterring and punishing drunk driving offenses.
For drivers aged 21 and over with a standard license, the legal limit is 0.05%. However, for commercial drivers, the limit is lower at 0.04%. Drivers under the age of 21 are subject to a Zero Tolerance Law, meaning that any detectable amount of alcohol in their system is illegal.
Driving under the influence of alcohol can lead to various charges, each with different levels of severity depending on the driver’s BAC level and other factors.
It's important to note that while "DUI" (driving under the influence) is a commonly used term, it’s not a specific legal charge in New York. Instead, the state uses the terms “DWI” (driving while intoxicated) and “DWAI” (driving while ability impaired) to define alcohol-related offenses.
This charge is less severe and applies when a driver's BAC is between 0.05% and 0.07%.
Driving While Intoxicated (DWI)
This is a more serious charge that’s applied when a driver's blood alcohol content is 0.08% or higher. It's a misdemeanor on the first offense but can become a felony with repeat offenses or aggravating factors like child passengers.
Aggravated Driving While Intoxicated (Aggravated DWI)
This charge applies when a driver's BAC is 0.18% or higher, indicating extreme intoxication.
DWAI-Drugs
Beyond alcohol, New York also prohibits driving while impaired by drugs. This is referred to as "driving while ability impaired by drugs," or DWAI-Drugs.
Even if a driver's BAC is below the legal limit, they can still be charged with DWAI-Drugs if they’re found operating a vehicle while their ability to drive is impaired by any drug, including illicit drugs, prescription pharmaceuticals, and over-the-counter medications.
Under Vehicle and Traffic Law §1194, by operating a motor vehicle in New York, you automatically consent to chemical testing (breath, blood, or urine) if arrested for DWI. Refusal to take the test can lead to license suspension and can be used as evidence against you in court.
Leandra's Law, also known as the Child Passenger Protection Act,makes it a felony to drive drunk with a child under 16 in the vehicle. It also mandates the use of ignition interlock devices for all DWI offenders.
Additionally,Vehicle and Traffic Law §1227 makes it illegal to have an open container of alcohol in the passenger area of a vehicle.
Get the Legal Help You Need
The legal system can be complex and overwhelming. Fortunately, you don't have to navigate it alone. Let the experienced New City drunk driving accident lawyers at Fellows Hymowitz Rice guide you through the legal process and fight for your rights.
Being involved in a drunk driving accident can be a traumatic experience. Knowing what steps to take immediately after the accident is crucial for your safety, well-being, and potential legal case.
Here's what you should do:
Check yourself and the other individuals involved for injuries. If anyone is hurt, call 911 immediately.
Report the accident to the police and provide them with all necessary information. Be prepared to answer questions about your role in the accident.
Get the other driver's name, contact details, license plate number, and insurance information. If there are any witnesses, ask for their contact information as well.
If possible, take photos or videos of the accident scene, your injuries, and any damage to your vehicle. This documentation can serve as important evidence if you decide to file a legal claim.
Even if you don't think you’re hurt, it's important to get checked out by a medical professional. Some injuries may not be immediately apparent, and medical documentation is valuable evidence in a personal injury claim.
Consult a New City drunk driving accident lawyer as soon as possible. They can advise you on your legal rights and guide you through the legal process.
Prompt action after a drunk driving accident can significantly impact your well-being and the outcome of your case for compensation. Don't delay seeking legal representation to protect yourself and your interests.
How Fellows Hymowitz Rice Can Help If You’ve Been Injured in a DUI Crash
At Fellows Hymowitz Rice, we understand that every drunk driving accident case is unique. We'll take a personalized approach to your case, tailoring our legal strategy to your specific needs and goals. Our experienced DUI accident attorneys will do the following:
We'll thoroughly investigate all aspects of the accident, gathering evidence like police reports, medical records, and witness statements. Our attorneys display unparalleled tenacity in bringing the truth to light.
We'll analyze the available evidence, identify the liable parties, and develop a strong legal strategy to maximize your eligible compensation. We’re prepared to work with experts in accident reconstruction, toxicology, and other relevant fields to build the most robust possible case on your behalf.
We'll handle all necessary communication and negotiation with the insurance companies, pushing for a fair settlement that covers all of your expenses. Our skilled negotiators know how to deal with insurance adjusters and won’t back down until you receive the compensation you deserve.
If necessary, we'll take your case to trial and advocate for your rights before a judge and jury. Our trial lawyers are seasoned litigators who won’t hesitate to stand up for you in court.
We understand the emotional impact a drunk driving accident can have on victims and their families. We'll provide compassionate support and guidance throughout the legal process, ensuring that you feel heard, understood, and empowered.
Our goal is to alleviate the stress of dealing with legal matters so you can focus on healing and moving forward.
Who Can Be Held Responsible for a Drunk Driving Accident in New City?
In New York State, multiple parties can potentially be held responsible for a drunk driving accident, depending on the specific circumstances. They include:
The most obvious responsible party is the intoxicated driver who caused the accident. They can be held liable for both criminal charges and civil liability for the harm the injured party has suffered.
Under New York's Dram Shop Law, establishments that serve alcohol can be found liable if they serve alcohol to a visibly intoxicated person who then goes on to cause an accident. This liability extends to both commercial establishments like bars and restaurants and hosts who serve alcohol at private parties
In some cases, other parties may share fault for a drunk driving accident.
For example, if the drunk driver was employed and driving a company vehicle at the time of the accident, their employer may be responsible under the theory of vicarious liability. Similarly, if a vehicle defect contributed to the accident, the vehicle manufacturer or distributor may be held partially liable.
Seeking Compensation for a DUI Accident in New City
At Fellows Hymowitz Rice, we're committed to holding drunk drivers accountable for their carelessness. We'll explore all available legal options to ensure that you receive fair and adequate compensation. Here’s an overview of some common remedies:
The first step in seeking compensation is typically to file a claim with the at-fault driver's insurance company.
Your claim will serve as a demand for repayment for the costs associated with your accident and related injuries. It's important to consult an attorney before accepting any settlement offer from the insurance company, as they may not offer you the full amount you’re entitled to.
We'll work with the at-fault driver's insurer to seek full compensation for your medical expenses, lost wages, pain and suffering, and other damages.
If the liable party is uninsured or their insurance coverage is insufficient to cover your damages, you have options for seeking compensation.
Uninsured/Underinsured Motorist (UM/UIM) Coverage
If you have UM/UIM coverage on your auto insurance policy, you may be able to file a claim with your insurance provider to cover your losses. UM/UIM coverage is designed to protect you in situations where the at-fault driver in an accident has inadequate or no insurance.
No-Fault Insurance
New York is a no-fault state, meaning if you're hurt in a car accident, your own insurance company will cover your medical expenses and some lost wages, regardless of who was at fault. However, if your injuries are serious and exceed a certain threshold, you can step outside of the no-fault system and pursue a lawsuit against the drunk driver.
Personal Assets
In some cases, you may be able to bring a lawsuit seeking the drunk driver's personal assets as a way of recovering your monetary losses. However, this may not always be an option, as many individuals don’t have significant assets to cover the high costs of a drunk driving accident.
It's important to discuss these options with a knowledgeable New City drunk driving accident lawyer to determine the best course of action in your specific situation.
If the at-fault driver’s insurance company refuses to offer you a fair settlement, an attorney from Fellows Hymowitz Rice can file a personal injury lawsuit on your behalf. Our capable litigators will help you build a strong case and fight for the maximum award.
In New City, your legal options after being hit by a drunk driver are generally the same whether you’re a driver or a pedestrian. You have the right to seek compensation for your injuries and other losses through an insurance claim or a personal injury claim. That said, there are some important points to consider:
Vulnerability: On foot, you’re more vulnerable to serious injuries in a collision with a vehicle. This can affect the types and severity of injuries you sustain.
Right-of-way: Pedestrians generally have the right-of-way at crosswalks and intersections, which can be a crucial factor in establishing the drunk driver's negligence.
Car accidents involving pedestrians often result in more extensive injuries, which means the potential for a larger settlement or award.
What’s the Deadline to Sue for a Drunk Driving Accident in New York?
The general statute of limitations for personal injury claims in New York, including those arising from drunk driving accidents, is three years from the date of the accident. This means that you typically have three years from the date of the accident to file a lawsuit against the at-fault party to recover damages for your injuries, medical expenses, lost wages, and other losses.
However, it's important to note that there can be exceptions to this rule. Under certain circumstances, such as if the injured party was a minor at the time of the accident or the accident resulted in death, the deadline may be different.
Compensation You Can Seek After a Drunk Driving Accident in New City
Alcohol-related crashes can have far-reaching consequences, impacting the physical, emotional, and financial well-being of the victim and their family. Our attorneys will doggedly pursue full compensation for all of your losses, including:
Economic damages: These include your financial losses, such as past, current, and future medical expenses, lost wages, and property damage.
Non-economic damages: These are meant to reflect intangible harms, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
Both economic and non-economic damages may be available following a drunk driving accident that causes severe injuries.
What If You’re Partially at Fault for the Accident?
New York follows a pure comparative negligence rule, meaning that even if you had a role in causing your accident, you can still recover damages, though they’ll be reduced based on your percentage of fault. For example, if a jury decides that you were 20% at fault, your total award would be reduced by 20%.
How to Prove a Drunk Driving Case in New City
Building a convincing case is essential to securing a favorable outcome in your drunk driving accident claim. To make sure you have a valid case that clearly demonstrates liability and supports your right to compensation, our team will attempt to establish the following facts:
We'll start by gathering compelling evidence of the driver's intoxication, such as BAC test results, field sobriety test results, police reports, witness statements, and video footage.
Next, we'll show how the driver's impairment directly contributed to the crash, such as by swerving, speeding, or running a red light. We may also consult with accident reconstruction experts to analyze the details of the accident.
We'll collect medical records, bills, and other documentation to prove the extent of your injuries and the financial losses you've incurred. This may include the costs of medical treatment, rehabilitation, therapy, medications, and assistive devices. We'll also document your lost wages, loss of earning capacity, and other financial setbacks.
Our team has ample experience investigating and constructing drunk driving accident cases. We'll immediately set out to collect the necessary evidence to support your claim and hold the responsible party accountable. Our attorneys are ready to listen to your story, answer your questions, and discuss your options for getting justice.
Rob Fellows is more than just a lawyer; he's a seasoned advocate and a respected leader in the legal community. With over 40 years of experience, he's earned a reputation for meticulous preparation, unwavering advocacy, and a genuine commitment to his clients.
Steve Hymowitz is a champion for the underdog, specializing in medical malpractice and construction accident cases. He’s known for his warmth and unwavering dedication, relentlessly pursuing justice for those who feel powerless against insurance companies.
Matthew brings an unparalleled level of energy and drive to every case, earning a reputation for achieving exceptional results. He goes beyond financial wins, building deep connections with clients and becoming a trusted advisor during their most difficult times.
Joanne Horowitz is a skilled legal strategist and a strong advocate for those facing injuries due to negligence, construction accidents, and medical malpractice.
Whether your accident occurred in the heart of New City or elsewhere in New York State, our compassionate legal team is here to help. We proudly serve clients in Manhattan, The Bronx, Queens, Westchester, and surrounding areas. Your location won't be a barrier to accessing the personalized and effective legal representation you deserve.
Don't Let Drunk Drivers Continue Putting Others in Danger
If you’ve been injured by a drunk driver, you have the right to hold them accountable for the harm they've caused. At Fellows Hymowitz Rice, we help accident victims across New York do just that. We can see that justice is served while pursuing the compensation you need to rebuild your life. Call us today to schedule a free case evaluation.
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