NY Accident Blog

How We Help New Yorkers:

Document Library

Nursing Home & Assisted Care Abuse

Signs of Nursing Home Abuse

Bad Faith Insurance, Unreasonable Claim Denial

Slips and Falls, Dog Bites, Stairway Accidents

A Drunk Driver is the Very Definition of Negligent

Accidents aren't something that people try to get into.

In fact, most drivers do everything they can to avoid them. They pay attention behind the wheel and avoid talking on the phone while they are driving. They don’t speed or get angry behind the wheel. Most drivers would never even consider getting behind the wheel after they have been drinking.

The problem with driving is that your responsibility behind the wheel is only part of the battle. Any driver still has to contend with the thousands of other people sharing the road at any given moment. This means that even if you do everything right, you can’t count on other drivers doing the same.

According to Mothers Against Drunk Driving, New York had 556 alcohol related traffic fatalities in 2006, and 27 % of the fatalities involved a driver with a blood alcohol content of .08% or higher.

It is difficult enough when someone suffers a severe or life changing injury in a traffic accident. When left to their own devices, insurers always take the cost-effective and easy way out of their obligations. It’s the standard practice of insurers to deny claims and delay payment, so any injury victim has to deal with mounting bills, collection agencies, and even bankruptcy. These feelings of frustration and anger are multiplied when the accident occurred due to an incident of drunken driving. Knowing that the accident could have been avoided had the other driver simply exercised the responsibility of not getting behind the wheel adds insult to the injury.

In a drunken driving case, it has to be established that the driver voluntarily drank to the point of intoxication, and did so with the knowledge that he or she would be eventually be driving. Making it known that the driver acted with utter disregard for the safety of others could allow for the award of punitive damages, and this could dramatically increase the compensation amount. Similarly, it is also possible to take a look at the source of the alcohol. New York has what are called “dram shop laws,” which means that establishments that willfully provide alcohol to obviously intoxicated patrons can be held responsible for the consequences of their actions. Was the driver visibly intoxicated and served alcohol anyway? Was the alcohol purchased by a minor? Did the person who was working at the store adequately check the identification of the buyer? These are all valid questions that should be asked. Alcohol doesn’t materialize in front of people. It has to be purchased, and the person or business that sells it has to do so in a responsible manner.

If you have been severely injured by a drunk driver, or have lost a loved one due to a drunken driving related accident, it is imperative that you have attorneys that are committed to you and your case. You’ll need someone who can cut through the red tape of insurance companies and fight for the compensation that you deserve. You’ll also need someone that can bring the driver to account for his or her actions. Rappaport, Glass, Greene and Levine is the premier injury law firm in New York City, and we make it our business to obtain maximum settlements for the families of those who have lost their lives due to the reckless irresponsibility of others. If you have lost a loved one or have yourself been severely injured due to a drunken driver, contact our offices for a free legal consultation.