New York Drunk Driving Accident Lawyers
Fighting for Crash Victims in NYC and White Plains
When a drunk driver injures someone in New York, it’s not just another car accident. It’s a choice that destroys lives. At the Law Offices of Michael H. Joseph, we’ve spent more than two decades holding drunk drivers, bars, and insurance companies accountable for the damage they cause.
Our firm has built a reputation across New York City and Westchester County for taking tough, high-value injury cases to trial, and winning. We don’t take shortcuts. We don’t accept low offers. And we don’t let insurance companies use minimum-coverage loopholes as an excuse to shortchange our clients.
Were You Injured by a Drunk Driver in New York?
If a drunk or drug-impaired driver caused your crash, you have rights under New York law that go far beyond standard insurance claims.
Our firm handles drunk driving injury cases throughout Manhattan, the Bronx, Brooklyn, Queens, and Westchester County. We help victims recover compensation from every possible source, including the driver, the vehicle owner, and even the bar or restaurant that overserved alcohol.
Why Drunk Driving Accidents Are Different
Drunk driving crashes are more severe than typical car accidents because alcohol slows reaction time, clouds judgment, and causes reckless, high-speed behavior. Intoxicated drivers often fail to brake or swerve, resulting in violent head-on or side-impact collisions that cause catastrophic injuries or death.
Unlike ordinary crashes, drunk driving wrecks usually involve greater forces of impact and less evasive action, leading to injuries such as traumatic brain injuries, spinal cord damage, multiple fractures, and internal bleeding.
Our New York drunk driving accident lawyers know how to prove impairment through toxicology reports, field sobriety tests, and expert testimony, and we pursue every liable party, including the driver, vehicle owner, and the bar or restaurant that served them.
Who Can Be Held Liable After a Drunk Driving Accident?
Drunk driving cases often involve multiple responsible parties. We investigate each one to maximize your recovery.
The Drunk Driver
The intoxicated driver is the first and most obvious defendant. We use police reports, field sobriety tests, and chemical test results to prove intoxication and recklessness.
The Vehicle Owner
Under New York Vehicle and Traffic Law §388, vehicle owners are responsible for anyone they allow to drive their car. Even if they weren’t in the vehicle, they can be held liable for injuries caused by the driver’s negligence.
Bars, Restaurants, and Liquor Stores
New York’s Dram Shop Law allows you to sue a bar, tavern, or store that sold or served alcohol illegally to someone under 21 or visibly intoxicated. These claims can make a huge difference when the drunk driver’s insurance isn’t enough.
Your Own Insurance
If the driver who hit you has minimum coverage, you may still recover compensation through Supplementary Underinsured Motorist (SUM) coverage under your own policy. Our attorneys handle these claims regularly and make sure insurers honor the full limits you paid for.
Dram Shop Liability in New York
Bars and restaurants have a duty to serve responsibly. When they serve alcohol to underage patrons or ignore clear signs of intoxication, they share the blame for what happens next.
Our firm has decades of experience proving illegal alcohol service through:
- Forensic toxicology reconstruction
- Subpoenas for bar receipts and video footage
- Witness testimony from servers, patrons, or bartenders
- Expert analysis showing what the driver’s BAC meant for their visible impairment
Example: If a driver leaves a Midtown bar with a BAC of 0.18%, that’s proof of extreme intoxication. We can demonstrate how much alcohol they were served and how obvious their condition was, making the establishment liable under New York’s Dram Shop Act.
Can I sue a bar that overserved the drunk driver?
Yes. If the bar, restaurant, or liquor store illegally served alcohol to an intoxicated or underage person who later caused your crash, you can sue that business under New York’s Dram Shop Law.
What Happens After a Drunk Driving Crash in New York
In New York, police must administer field sobriety and chemical tests whenever a crash causes serious injuries or death. Officers document evidence like:
- Breathalyzer or blood test results
- Field sobriety test performance
- Accident scene photos
- Witness statements
This evidence forms the foundation of both the criminal DWI case and your civil injury lawsuit. Our car accident lawyers move fast to preserve police records, 911 tapes, and toxicology data before they disappear.
We also work with accident reconstruction experts to show exactly how the crash occurred and who is responsible.
What if the driver refused the breath or blood test?
Even without a chemical test, you can still prove intoxication using police testimony, witness accounts, and video footage. A driver’s refusal can also be used as evidence that they knew they were impaired.
Compensation Available After a Drunk Driving Accident
Victims of drunk driving accidents can recover compensation for both economic and non-economic losses.
Medical Expenses
Emergency treatment, surgeries, rehabilitation, and long-term medical care are all covered.
Lost Wages and Reduced Earning Capacity
If your injuries keep you from working or reduce your future earning potential, you can recover lost income and future losses.
Pain and Suffering
You can recover damages for the physical pain and emotional toll caused by a serious drunk driving crash.
Wrongful Death Damages
If you lost a loved one, New York law allows recovery for funeral expenses, loss of financial support, and loss of companionship.
Under New York’s no-fault insurance system, medical bills, lost wages, and travel expenses for medical care are initially covered. This is true even if you were a passenger, pedestrian, or cyclist. Serious injury victims can then file a personal injury lawsuit for full damages.
Pedestrian and Bicycle Victims of Drunk Driving
Drunk drivers often hit pedestrians and cyclists, especially on city streets and at intersections. These victims are among the most severely injured because they have no protection.
If you were hit while walking or biking, the at-fault driver’s insurance must pay your no-fault benefits, and you can also pursue a personal injury claim for your pain, suffering, and long-term losses.
Can pedestrians sue drunk drivers in New York?
Yes. Pedestrians and cyclists injured by drunk drivers can sue for their full damages once their injuries meet New York’s “serious injury” threshold.
Wrongful Death Caused by Drunk Driving
Drunk driving fatalities devastate families emotionally and financially. Our New York wrongful death lawyers help surviving family members recover for their losses under Estates, Powers & Trusts Law §5-4.1.
Families may be entitled to:
- Lost financial support and future income
- Funeral and burial costs
- Loss of companionship and parental guidance
- Conscious pain and suffering before death
Can drunk drivers be sued for wrongful death in New York?
Yes. Families can bring a wrongful death claim against the drunk driver, the vehicle owner, and any business that contributed to the intoxication under the Dram Shop Act.
Drunk Driving Statistics in New York
According to the New York State Department of Motor Vehicles, alcohol or drug use is involved in more than 40% of all motor vehicle fatalities statewide.
- Young, inexperienced drivers under 21 account for just 4% of the state’s driving population, but 7% of the impaired drivers in motor vehicle crashes.
- The NHTSA reports that about 34 people die every day in alcohol-impaired driving crashes across the U.S.
- A drunk or drugged driving accident takes someone’s life about every 42 minutes.
- Intoxication is a factor in over one-third of all fatal crashes in New York.
- Most occur between Friday night and early Sunday morning.
Statistics don’t tell the whole story. Behind every number is a real person whose life was changed because someone treated the law, and other people’s safety, like they didn’t matter.
Local Perspective: Drunk Driving Accidents in Westchester and NYC
Our firm handles drunk driving accident cases across New York City and Westchester County, including:
- The Bronx River Parkway
- The Cross County Parkway
- The Hutchinson River Parkway
- I-95 and I-287
- FDR Drive and the West Side Highway
Whether your crash happened in Midtown Manhattan, the Bronx, or White Plains, our accident attorneys in NYC will help you pursue compensation from every responsible party, including the bar or restaurant that fueled the driver’s intoxication.
Frequently Asked Questions About Drunk Driving Accidents in New York
After more than two decades handling drunk driving accident cases, I’ve heard many of the same questions from clients who come in to my office hurt, angry, and unsure of what happens next. The law can be confusing, and insurance companies don’t make it any easier.
Whether you’re searching online for the best DUI accident lawyer you can find, or you have questions about where to go from here, you deserve straight answers.
Can I recover punitive damages after a drunk driving crash?
Yes. Driving while intoxicated is considered reckless and dangerous conduct. Courts may award punitive damages to punish and deter similar behavior in the future.
Can a drunk driver file bankruptcy to avoid paying damages?
No. Under Bankruptcy Code §523(a)(9), debts resulting from drunk driving injuries or deaths cannot be discharged in bankruptcy.
What is the legal BAC limit for driving in New York?
A driver is legally intoxicated with a blood alcohol content of 0.08% or higher. Commercial drivers face stricter limits, and anyone under 21 faces penalties for any measurable alcohol.
What should I do if I’m hit by a drunk driver?
Call 911 immediately, get medical attention, and contact a lawyer. Evidence such as test results, police reports, and witness statements must be preserved quickly to build your case.
Why Choose the Law Offices of Michael H. Joseph?
Experience: Over 25 years representing victims of drunk driving and catastrophic accidents in New York City and Westchester.
Results: Millions recovered for injured clients.
Local Knowledge: Offices in Manhattan and White Plains, positioned near the courts that handle serious injury and wrongful death cases.
Client Commitment: We communicate clearly, fight hard, and don’t charge fees unless we win.