Suffering injuries because you were struck by another vehicle is already difficult enough. Learning that the other driver was drunk during the incident will likely add more salt to the wound. While they might be charged with a DUI, you have legal options at your disposal. Contact a trustworthy car accident attorney from StolzenbergCortelli, LLP, and discuss what you can do when filing a lawsuit after a drunk driving accident in Nanuet. We are committed to getting you the financial help that you deserve.
Drunk driving tends to happen in the evening, after people have had dinner, or late at night, although it could occur at any time of day. Younger drivers also tend to be at higher risk for drunk driving since they do not have as much experience with driving or the law.
If the injured person is the drunk driver, then it could affect their liability for the accident because they could be viewed as primarily responsible, even if another driver violated a traffic law. It is important to note that just because a Nanuet driver may have been drunk when they got in a car accident, does not automatically make them liable. If they followed all the rules and the defendant was the one who made poor choices, there could still be compensation available.
Drunk driving is a serious crime and perpetrators can be charged by the state, regardless of whether or not they are responsible for the accident in a civil suit. However, proof of law-breaking (such as a guilty plea or a criminal conviction) can help a civil plaintiff prove liability in a separate civil suit.
A drunk driving injury case in Nanuet plays out similarly to any other type of car accident case. However, there would be additional steps such as pursuing the criminal investigative report and seeing the result of their trial. Personal injury attorneys do not pursue criminal charges but they still have to track down the criminal investigative report, the police report, and any court records to see what has happened with the criminal case.
The same types of economic and non-economic damages are available as with all other types of car accidents. A lawyer could also pursue punitive damages which are basically meant to “punish” the driver for breaking the law and doing something reckless.
New York is a comparative negligence jurisdiction, which means each party is apportioned a percentage of fault for the accident, and the plaintiff’s final damages award will be reduced by the percentage of fault they have. This remains true even if the defendant was driving drunk. Therefore, if the drunk driver was 75% liable for a crash, while the plaintiff was deemed 25% liable because they did not take proper precautions at an intersection, they will only be able to recover 75% of the total damages awarded.
When you file a civil claim against a drunk driver who injured you, this is not a criminal charge – it is an attempt at recovering money to pay for your medical bills and other losses. StolzenbergCortelli, LLP provides legal guidance for individuals who wish to file a claim. Get in touch with us to discuss the injuries you suffered from a drunk driving accident in Nanuet.