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What Happens if I'm Hit by a Drunk Driver?

What Happens if I'm Hit by a Drunk Driver?

August 9, 2023
Paul Ajlouny

Securing Damages After a NYC Drunk Driving Accident

Approximately one-third of all motor vehicle accident fatalities are caused by a drunk driver. In New York, that number is even higher. It was found that 38% of all traffic fatalities in the state were caused by drunk motorists. Despite widespread efforts to educate drivers and keep them off the road when they have had too much to drink, drunk driving remains a serious problem in the U.S.

If you or a loved one was injured by a drunk driver, you might be entitled to compensation. At Ajlouny Injury Law, our NYC car accident lawyers can help you hold the drunk driver responsible for their actions by securing maximum damages. We are aggressive attorneys committed to representing the rights and best interests of injured victims across New York. Contact our office today to arrange a FREE consultation with an experienced car accident lawyer in NYC. Call (718) 233-3913 today.

What is Considered Drunk Driving in New York?

In New York, a driver who has a blood alcohol concentration (BAC) of .08% or over is considered to be intoxicated and, therefore, unfit to drive. A BAC of .05% serves as legal evidence of intoxication, and a motorist with a BAC of .18% or higher can face charges of aggravated driving while intoxicated.

What to Do If You Have Been Hit by a Drunk Driver

Getting hit by a drunk driver can change your life in an instant. In the moments following a NYC drunk driving accident, you might be in pain and confused. But you should try to remain calm and remember that what you do at this time can drastically impact your health and affect the outcome of your injury claim. The following are steps to take to protect yourself and prepare for a potential lawsuit.

Call 911 - If you or anyone involved has been injured, call 911. Ask them to send officers and emergency medical technicians. 

Seek Medical Attention - Even if you are treated at the scene, it is best to see a doctor for a thorough medical examination. This ensures all of your injuries are diagnosed and treated appropriately.

Tell the Police What Happened - Let them know you suspect the driver is drunk. The officers will perform field sobriety tests to determine whether the driver is indeed intoxicated. If so, they will likely be arrested for DWI, which will greatly strengthen the validity of your claim.

Document the Scene - Even if you file a police report, it is still a good idea to document the scene. Take pictures and video of the vehicles involved and the accident scene itself. Also, be sure to write down everything that happened before and after the crash.

Look for Eyewitnesses - Eyewitnesses can really help in a drunk driving accident claim. Testimony showing the motorist was driving erratically or otherwise appeared to be drunk at the time of the accident will greatly support your claim.

Talk to an NYC car accident lawyer - Drunk driving accident cases can be complex. That is why it is best to consult with an attorney right away. They will explain your rights, guide you through the process, and fight for maximum compensation.

Securing Damages in a NYC Drunk Driving Accident Case

If you were involved in an accident caused by an intoxicated motorist, you can seek damages by filing a personal injury claim. The damages you receive depend on the nature and extent of your injuries as well as the circumstances surrounding the accident. However, some common types of damages awarded in a drunk driving accident case include:

  • Medical bills
  • Future medical expenses
  • Lost earnings
  • Property repair or replacement
  • Pain and suffering
  • Mental anguish
  • Emotional trauma
  • Diminished quality of life
  • Disfigurement
  • Disability

What If Your Loved One Was Killed by a Drunk Driver?

If you lost a loved one in a drunk driving accident, you can file a wrongful death claim against the drunk driver. Wrongful death damages include:

  • Medical expenses incurred before your loved one’s death
  • Funeral and burial expenses
  • Loss of the deceased person’s earnings
  • Loss of benefits, such as a pension or insurance
  • Loss of inheritance
  • Loss of the deceased person’s contribution (services) to the household
  • Loss of consortium

Contact Ajlouny Injury Law Today

Sustaining injuries in any car accident is upsetting. But when your accident is caused by the carelessness of a drunk motorist, it is devastating. Fortunately, you can hold the driver responsible for their negligent actions and seek compensation for the full extent of your losses.

At Ajlouny Injury Law, our NYC car accident lawyers fully understand the long-term, widespread effects of a serious injury. A drunk driving accident not only affects you physically but also takes a mental and emotional toll on you and those around you. That is why we fight with all we have to get you the justice you deserve. Contact our firm online or call (718) 233-3913 today to arrange a complimentary case review.

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The Law Office Of Ajlouny Injury Law serves New York City, Queens, Brooklyn, Bronx, Manhattan, Long Island, Nassau County, and Suffolk County.

Disclaimer: The information provided on our website is attorney advertising not legal advice nor a lawyer/client relationship.

Locations
26 Court Street
Brooklyn, New York 11242
(718) 233-3913
320 Old Country Road
Garden City, NY 11530
(516) 535-5555
138-25 31st Drive
Flushing, NY 11354
(718) 475-5666
55 Broadway, 23rd Floor
New York, NY 10006
(212) 252-2081
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