A collision involving an impaired driver often feels life-changing from the instant it happens. Many people describe that initial moment of impact as disorienting and frightening—one second, you might be driving along a familiar road in Suffolk County or commuting home on the Long Island Expressway, and the next, you are coping with serious injuries, property damage, and countless other uncertainties.
Any auto accident can leave you shaken, but seeking guidance from a Long Island drunk driving accident lawyer can help address the added frustration and worry. The knowledge that another driver chose to get behind the wheel under the influence of alcohol or another substance can create a sense of injustice that is hard to process.
Protecting Your Rights
That sense of injustice also leads many to wonder about their rights. You may be asking yourself whether you can pursue compensation for medical bills or lost income. You may also worry about the emotional challenges of dealing with insurance companies, facing unexpected financial setbacks, or even adjusting to long-term health limitations.
If this is your situation, you are not alone. Thousands of people across New York—including those in Nassau County, Suffolk County, the Boroughs, and beyond—face similar challenges every year. It can feel overwhelming to manage the claims process on your own while trying to heal physically and mentally.
Reaching out for help may provide a sense of relief. An experienced Long Island car accident attorney at Rosenberg & Gluck LLP can discuss your legal options and help you move forward with clarity and confidence, whether that involves dealing directly with an insurance company, negotiating a settlement, or filing a lawsuit. A lawyer can help you find reassurance and hope for recovering losses that can help you move forward with greater security.
Drunk Driving Crashes and New York Law: DUI, DWI, and DWAI
Many people use the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) interchangeably, but in New York, the terms have distinct legal definitions. Under New York Vehicle and Traffic Law, individuals generally face DWI charges if their Blood Alcohol Content (BAC) measures 0.08% or higher.
For commercial drivers, that threshold is 0.04%. For those younger than 21, New York has a zero-tolerance policy for any measurable BAC. Additionally, an offense called DWAI (Driving While Ability Impaired) can come into play if a driver’s BAC is below the 0.08% threshold but still high enough to impair safe driving.
Meanwhile, DUI is not the official legal term in New York, but many still use it colloquially to refer to impaired driving. When individuals are impaired by drugs—be they illegal narcotics, prescription medication, or over-the-counter drugs—they may face charges such as DWAI-Drugs or DWAI-Combination if both drugs and alcohol are involved.
Implied Consent
Like many other states, New York has an implied consent law. By obtaining a New York driver’s license, individuals implicitly agree to submit to a chemical test (e.g., a breath or blood test) if police suspect intoxication. Refusing to submit can lead to automatic license suspension and fines.
The results of these tests, or a documented refusal, can become part of the evidence in both criminal and civil matters. For accident victims, such evidence can help illustrate that the other driver was intoxicated or impaired at the time of the crash.
The Scope of Impaired Driving on Long Island
Long Island experiences a substantial amount of car traffic, especially along major roadways like the Long Island Expressway, Sunrise Highway, and Northern State Parkway. In areas of Suffolk County and Nassau County, where vehicles are the primary means of transportation, it’s not unusual to see impaired driving collisions spike around weekends, holidays, or special events.
While police enforcement can reduce these numbers to some extent, many impaired drivers, unfortunately, still take the risk of driving under the influence.
When a car accident involves a driver suspected of being impaired, law enforcement generally investigates. This might include measuring the driver’s BAC, checking for signs of drug use, and collecting evidence from the accident scene. In some cases, traffic camera footage, witness statements, and police observations provide the basis for criminal charges.
What Makes Drunk Driving Car Accidents Different than Other Car Accident Claims?
Any car crash can lead to injuries, property damage, and insurance claims, but a collision involving an impaired driver often involves an additional layer of complexity. An impaired driver’s actions might trigger criminal proceedings, and evidence from those proceedings can also carry weight in a civil claim.
One or more insurance companies may attempt to shift blame or question the severity of a victim’s injuries. Furthermore, the emotional component is typically stronger. Victims might feel anger or betrayal knowing another driver consciously chose to endanger others by driving under the influence of alcohol or drugs.
Beyond emotional trauma, drunk driving collisions can sometimes involve more severe impacts. Impaired drivers may fail to brake, swerve erratically, or speed excessively. These high-speed or erratic collisions can cause catastrophic injuries to drivers, passengers, and pedestrians.
Victims can suffer broken bones, spinal injuries, traumatic brain injuries, or permanent disabilities. The financial toll of these injuries, combined with immediate and long-term medical care, can grow quickly, leading many injured individuals to seek damages through a personal injury claim.
Criminal Charges vs. Civil Lawsuits in Drunk Driving Accidents
Because a drunk driving accident implicates both criminal and civil legal consequences, individuals who sustain injuries might wonder how a criminal case affects the ability to file a personal injury lawsuit.
Separate Legal Paths
A critical distinction in drunk driving car accident cases is the difference between criminal charges and civil lawsuits. A criminal prosecution in New York focuses on penalizing the driver for breaking the law.
The state or a local prosecutor brings charges, which can include DWI, DWAI, or even vehicular assault if there are severe injuries. The purpose of a criminal proceeding is not to secure compensation for victims but rather to uphold the law and deter dangerous behavior. Potential penalties include jail time, fines, license suspension, or mandatory treatment programs.
A civil lawsuit, on the other hand, is brought by the individual who suffered harm (the plaintiff). It seeks monetary damages for various losses, such as medical costs, lost wages, future care, and pain and suffering. The standard of proof in a civil case is different from a criminal case.
In criminal courts, guilt must be proven “beyond a reasonable doubt,” whereas in a civil court, liability must be shown by a “preponderance of the evidence,” which is a lower standard. Even if a driver is acquitted of criminal charges, the victim can still pursue a civil case for compensation.
How Criminal Proceedings Affect a Civil Claim
Although criminal proceedings and civil lawsuits address different legal issues, they sometimes intersect. If a driver is convicted of DWI or DWAI, that can serve as strong evidence of negligence in a civil lawsuit.
Official records from the criminal case, such as a conviction or guilty plea, might demonstrate that the driver was intoxicated at the time of the crash. While a criminal conviction doesn’t automatically guarantee a successful civil suit, it is often a persuasive piece of evidence.
Conversely, if the driver is found not guilty of DWI, the victim can still bring a civil claim. Because the standard of proof required in criminal cases is higher than in civil cases, a jury might acquit a driver criminally but still find them liable for the injuries.
A civil lawsuit centers on the harm done to the victim and whether the defendant’s actions caused that harm. Criminal proceedings, by contrast, focus on whether the driver violated criminal law beyond a reasonable doubt.
Emotional and Financial Impact of a Drunk Driving Accident
A collision involving a drunk driver can cause more than just medical bills. Some injuries heal with time and treatment, while others result in ongoing pain, disability, or emotional distress.
The emotional burden can include anxiety, depression, or post-traumatic stress disorder (PTSD), especially if the crash was particularly severe. Many survivors also feel a sense of anger directed toward the impaired driver, which can complicate the healing process.
Beyond physical and emotional tolls, the economic impact may involve unpaid medical bills, lost wages, or even the inability to return to work in the same capacity. Families affected by wrongful death may face funeral expenses, loss of future income support, and immense grief. In New York, a wrongful death lawsuit can be filed by the deceased’s personal representative, often on behalf of surviving family members.
Insurance Battles and Legal Costs
Even though New York is a no-fault insurance state, which means Personal Injury Protection (PIP) covers immediate medical expenses and lost wages up to certain limits regardless of fault, drunk driving accidents still frequently lead to lawsuits that go beyond PIP coverage. This is because severe injuries or significant damages often surpass no-fault limits, allowing victims to pursue claims for additional compensation.
Insurance companies may drag their feet or challenge claims, especially if they foresee a high payout. Hiring legal representation might help ensure that insurance carriers honor the full scope of the victim’s losses.
Rosenberg & Gluck takes drunk driving crash cases on a contingency fee basis, meaning we only collect fees if our attorneys recover compensation for you. This levels the playing field, allowing accident survivors to hire a lawyer without adding to their worries about bills and other expenses from the wreck.
Working with a Personal Injury Lawyer After a Drunk Driving Accident
Early Consultation and Investigation
Some individuals hesitate to contact an attorney immediately, but many find that doing so provides a clearer path forward. During the consultation, you can discuss how the crash happened, the extent of your injuries, and how your life changed after the collision.
A lawyer can begin an independent investigation to gather accident reports, witness statements, medical documentation, and more. Early evidence collection helps ensure that vital details remain fresh in everyone’s memory and that physical evidence—like vehicle damage—does not disappear.
An attorney can then explain potential strategies for pursuing damages, such as negotiating with the insurance company or filing a lawsuit. They can also clarify if punitive damages might be relevant, especially if the other driver’s intoxication was severe or if they have a history of driving offenses.
Communication with Insurance and Other Parties
One reason many people hire legal counsel is to avoid dealing directly with insurance adjusters. Insurance companies sometimes aim to settle claims quickly, offering sums that do not fully address the victim’s long-term needs. An attorney can handle all communications to ensure that you don’t accidentally say something that jeopardizes your claim. They can also help calculate a fair settlement value that accounts for both immediate losses and the possibility of future medical needs.
Negotiations and Potential Litigation
Most car accident cases in New York, including those involving drunk driving, settle out of court. Negotiations often involve presenting medical records, bills, and other evidence to demonstrate the extent of your losses.
However, if an insurance company refuses to reach a fair settlement, your attorney might recommend filing a personal injury lawsuit. A lawsuit can send a powerful message and prompt more serious settlement discussions. Although litigation can extend the timeline, it might be a route to securing the compensation that aligns with your damages.
Support Through Emotional Challenges
When dealing with the aftermath of a car crash, especially one caused by an impaired driver, emotional challenges often run high. An attorney can offer clarity, support, and a sense of advocacy. Feeling heard and protected during this process can alleviate some of the stress and uncertainty.
Time Limits on Filing Claims
In New York, individuals generally have three years from the date of the accident to file a personal injury lawsuit related to a motor vehicle collision. If the case involves wrongful death, the statute of limitations is typically two years from the date of the victim’s death. Missing these deadlines can jeopardize your ability to seek compensation.
Suing a Municipality
If your case involves a municipality—for instance, if a city-owned or county-owned vehicle’s driver was impaired and caused the crash—the time to file a notice of claim can be much shorter. Typically, you have 90 days from the date of the accident to file a notice of claim against that municipality. Failure to follow these deadlines can bar you from pursuing legal action, so it is wise to act promptly.
Neighboring State: New Jersey
While Rosenberg & Gluck’s headquarters is on Long Island, some individuals might be involved in a drunk driving crash that occurs in neighboring states, such as New Jersey. In New Jersey, the civil statute of limitations for accidents is usually two years. However, each jurisdiction can have its own nuances. If your collision happens outside New York, a lawyer at Rosenberg & Gluck can help to confirm the relevant deadlines and laws.
Don’t Delay Seeking Legal Help
Waiting too long to pursue a claim can undermine your case. Evidence can deteriorate, witnesses can forget details, and insurance companies can become less cooperative. Consulting a lawyer soon after a crash allows for a comprehensive strategy and ensures that all necessary filings are completed accurately and on time.
Moving Forward and Finding Strength: Contact Rosenberg & Gluck
An accident involving a drunk driver can disrupt everything you thought you knew about safety and stability. Physical injuries, emotional trauma, and financial hurdles often converge to create a difficult road to recovery. There is a path forward, however.
With support, reliable information, and the guidance of a Long Island personal injury lawyer familiar with personal injury law in Suffolk County, Nassau County, and the Boroughs, many people find the resources they need to move forward.
Rosenberg & Gluck LLP is ready to assist those who have suffered losses in a drunk driving car accident. Allow yourself the opportunity to heal without the stress of battling insurance companies or deciphering legal complexities. By starting this process sooner rather than later, you can focus on recovery and take meaningful steps toward a more stable and hopeful future.
If you have questions or want to discuss your potential claim, contact Rosenberg & Gluck LLP. Talking to a lawyer may help you chart the next steps with greater peace of mind. Call our Long Island office at 631-451-7900 or contact us online.
