Experiencing a car accident can be a traumatic event, especially when you suspect that the other driver was under the influence of alcohol. In such cases, collecting evidence is crucial to support your claims and ensure justice is served.
Don’t try to confront a suspected drunk driver on your own. Talk to an experienced Long Island drunk driving accident lawyer. At Rosenberg & Gluck LLP, our personal injury attorneys understand the process of gathering evidence after a drunk driving accident. Our legal team knows New York laws that affect drunk driving accident claims.
Let us put our experience to work protecting your rights. We will work to identify the at-fault party and hold them accountable.
In the worst-case scenario where a drunk driving crash results in someone being killed, our team has experience handling wrongful death claims resulting from such incidents.
Is it Dangerous to Try to Collect Evidence of a Drunk Driver in Your Car Accident?
While gathering evidence can be crucial in a drunk driving accident case, you should prioritize your safety above all else. Attempting to collect evidence from a suspected drunk driver can indeed be dangerous.
Intoxicated individuals may behave unpredictably or aggressively. They might become confrontational if they realize you’re trying to document their condition. This could potentially escalate into a violent situation, putting you at risk of further harm.
Moreover, remaining at the scene to collect evidence could expose you to additional dangers, such as oncoming traffic or potential fire hazards from damaged vehicles. Your focus should be on ensuring your own safety and seeking necessary medical attention.
It’s generally best to let law enforcement handle the investigation of a suspected drunk driver. Police officers are trained to recognize signs of intoxication and have the authority to conduct appropriate tests.
Your role should be limited to providing a calm, factual account to the police when they arrive, and later to your attorney. Remember, your safety is paramount, and no piece of evidence is worth risking your well-being.
Steps to Take After Being Injured by a Suspected Drunk Driver
If you’ve been injured in an accident involving a suspected drunk driver, there are crucial steps you should take to protect your health and legal rights, even if some time has passed since the incident:
Contact an Experienced Drunk Driving Accident Attorney
Contact a qualified personal injury attorney with experience with drunk driving accident cases. At Rosenberg & Gluck, we offer free initial consultations. An attorney can help you understand your rights, navigate the legal process, and work to secure fair compensation for your injuries and losses. Talk to us about the specifics of your case and let us evaluate your potential claim.
See a Doctor
If you haven’t already, get a thorough medical evaluation immediately. Some injuries may not be apparent right away, and prompt medical care is crucial for your health and for documenting your injuries. Follow all treatment recommendations and keep a record of all medical visits, treatments, and expenses.
Document Your Recollection of the Accident
As soon as possible, write down everything you remember about the accident. Include details about the other driver’s behavior, any signs of intoxication you noticed (such as slurred speech or the smell of alcohol), and the sequence of events. This information can be valuable for your attorney and may help refresh your memory later.
Gather and Preserve Evidence
Collect any evidence from the accident scene, such as photographs or videos. If you exchanged information with other drivers or witnesses at the scene, compile this information. If you haven’t already obtained a copy of the police report, do so as soon as possible.
Keep all documents related to the accident in a safe place. This includes medical bills, insurance correspondence, repair estimates, and any other relevant paperwork.
If you recall any potential witnesses to the accident, provide their information to your attorney. They may be able to provide valuable testimony about the other driver’s condition or behavior.
Avoid Communicating with Insurance Companies
Insurance adjusters may contact you seeking statements about the accident. Politely decline to discuss the details without your attorney present. Anything you say could potentially be used to minimize your claim.
Be Cautious on Social Media
Avoid posting about the accident or your injuries on social media platforms. Insurance companies often monitor these accounts, and your posts could potentially be used to undermine your claim.
By taking these steps, you can help strengthen your case and improve your chances of receiving fair compensation for your injuries. Remember, an experienced drunk driving accident attorney can provide invaluable guidance and support throughout this process, allowing you to focus on your recovery.
Understanding New York Drunk Driving Laws
In New York, there are distinct legal definitions and penalties for both drunk driving (Driving While Intoxicated, DWI) and impaired driving (Driving While Ability Impaired by Alcohol, DWAI/Alcohol).
Driving While Intoxicated (DWI)
DWI in New York applies when a person operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Penalties for DWI can include fines, license suspension or revocation, mandatory alcohol education programs, and potential imprisonment, particularly for repeat offenses or aggravated circumstances.
Driving While Ability Impaired by Alcohol (DWAI/Alcohol):
DWAI/Alcohol applies when a person operates a vehicle with a BAC between 0.05% and 0.07%, or when other evidence shows impairment due to alcohol consumption. Penalties for DWAI/Alcohol are generally less severe than DWI but can still include fines, license suspension, and mandatory alcohol education programs.
These distinctions reflect New York’s efforts to deter and penalize impaired driving at various levels of intoxication. Penalties can vary based on factors such as prior offenses, the level of intoxication, and whether the impaired driving resulted in an accident causing injury or death.
If you’ve been involved in an accident with a suspected impaired driver, talk to a knowledgeable attorney who can navigate these nuances and advocate for your rights effectively.
Alcohol Test Results
If the police conducted a breathalyzer or blood test on the other driver, the results would be critical evidence of their intoxication. Your attorney can help obtain these test results as part of the legal process.
New York’s No-Fault Insurance System
New York operates under a no-fault insurance system, which means that after a car accident, your own insurance company will cover your medical expenses and lost income, regardless of who was at fault. However, you can step outside the no-fault system and pursue a personal injury lawsuit if you have sustained a “serious injury” as defined by New York law.
What Constitutes a Serious Injury?
Under New York Insurance Law Section 5102(d), a serious injury includes, but is not limited to:
- Death
- Dismemberment
- Significant disfigurement
- Fractures
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury or impairment of a non-permanent nature prevents the injured person from performing substantially all of the material acts that constitute their usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.
Comparative Negligence Issues
In New York, comparative negligence laws play a crucial role in determining compensation in drunk driving accident cases where the injured party may share some degree of fault. Under New York’s comparative negligence system:
- Shared Responsibility: If the injured party is found partially responsible for the accident, their compensation may be reduced proportionally to their degree of fault. For instance, if the injured party is deemed 20% at fault, their total compensation award would be reduced by 20%.
- Evidence and Legal Strategy: Effective evidence collection and legal strategy can minimize any assignment of fault to the injured party. This underscores the importance of thorough investigation and documentation to establish the extent of the other driver’s intoxication and the injured party’s innocence or minimal role in causing the accident.
If you’ve been injured in a car crash with a drunk driver, talk to an experienced attorney who understands New York’s laws.
Filing a Personal Injury Claim for a Car Accident with an Impaired Driver
If your injuries meet the serious injury threshold, you can file a personal injury claim against the drunk driver. This claim can seek compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Proving Negligence in a Drunk Driving Accident
To succeed in a personal injury claim, you must prove that the other driver was negligent and that their negligence caused your injuries.
In the case of a drunk driving accident, evidence of the driver’s intoxication is a strong indicator of negligence. Additional evidence, such as witness statements, police reports, and medical records, will further support your claim.
Wrongful Death Claims
Tragically, drunk driving accidents often result in fatalities. If you have lost a loved one in a drunk driving accident, you may be able to pursue a wrongful death claim. In New York, a wrongful death claim can be filed by the personal representative of the deceased person’s estate.
This claim seeks compensation for:
- Funeral and burial expenses
- Medical expenses incurred prior to death
- Loss of financial support
- Loss of guidance
- Pain and suffering endured by the deceased prior to death
Time to File
In New York, the statute of limitations for personal injury cases, including those involving semi-truck accidents, is generally three years from the accident date. For wrongful death claims, the statute of limitations is two years from the date of death.
However, be aware that if your accident involves a municipality (such as a city, county, or state entity), you must file a Notice of Claim within 90 days of the accident, and the lawsuit must be filed within one year and 90 days.
These deadlines are strict, and failing to file within the specified timeframe typically results in the court dismissing your case, regardless of its merit.
How are Drunk Driving Cases Different from Other Types of Car Accident Claims?
Drunk driving cases differ significantly from other types of car accident claims due to the element of intoxication involved.
When a driver operates a vehicle under the influence of alcohol:
- Increased Legal Consequences: DWI is not only a traffic offense but also a criminal offense in many cases. This can lead to enhanced penalties for the driver, including potential fines, license suspension or revocation, and even imprisonment.
- Heightened Liability: Intoxicated drivers are often considered highly negligent due to their impaired judgment and slower reaction times. This can make it easier to establish liability in a civil personal injury claim, as the driver’s intoxication can serve as strong evidence of their negligence.
- Potential for Punitive Damages: In some cases, courts may award punitive damages in addition to compensatory damages in drunk driving cases. Punitive damages are intended to punish the defendant for egregious behavior and deter others from similar conduct in the future.
- Criminal Proceedings: Drunk drivers may face criminal charges in addition to civil liability for damages. The outcome of criminal proceedings can impact civil claims, as evidence and testimony from the criminal case may be relevant in proving liability and damages in a civil lawsuit.
- Emphasis on Evidence of Intoxication: Unlike other car accident claims, where fault may be disputed or based on factors like traffic violations or road conditions, drunk driving cases often focus heavily on proving the driver’s level of intoxication. Police reports, Breathalyzer tests, witness statements, and medical records are crucial in establishing the driver’s impairment and supporting the victim’s claim.
Navigating a drunk driving case requires knowledge of both criminal and civil law. If you’ve been injured in a drunk driving accident, seek immediate legal guidance from experienced attorneys who understand the complexities of these cases and can advocate effectively on your behalf.
Contact a Drunk Driving Accident Lawyer from Rosenberg & Gluck LLP
Whether you are pursuing a personal injury claim or a wrongful death claim, the compassionate and experienced attorneys at Rosenberg & Gluck LLP are here to help you navigate the legal process and achieve justice.
Our legal team can collect evidence after a drunk driving accident to build a strong case and seek the compensation you deserve. Let us work to protect your rights while you prioritize your safety and health.
Contact us today for a free consultation and let us support you during this difficult time. Our law firm operates on a contingency fee basis, meaning there are no upfront costs. You don’t owe any legal fees unless we collect for you. Call our law firm at (631) 451-7900 or contact us online.
