Question 1

Who has to pay for my injuries after a drunk driving accident?

Accepted Answer

After a drunk driving accident or any other type of accident, even if someone else’s negligence caused the accident, you bear primary responsibility for taking care of your medical bills. However, the responsible party’s insurance company will often issue a payment to help cover many of those expenses. Responsible parties may include: The drunk driver. In many cases, the drunk driver may bear sole responsibility for an accident due to their inebriation. If an impaired driver chooses to drive recklessly or ignores appropriate safety precautions, that driver may cause serious accidents with substantial injuries. In this case, the drunk driver’s insurance company will usually pay your claim. The bar or restaurant that over-served the drunk driver. Bars and restaurants must pay particular attention to their patrons. If the workers at a bar or restaurant know that an individual planned to get behind the wheel after leaving the establishment, servers and bartenders must not allow that individual to consume excessive alcohol. The bar or restaurant should also take steps to prevent patrons from driving drunk, which may include summoning an Uber or taxi or suggesting that the patron remain until some of the alcohol processes out of his bloodstream. When the bar or restaurant fails to take these steps, it may share responsibility for the accident.

Question 2

Do insurance companies always offer compensation for a drunk driving victim’s total cost of injuries?

Accepted Answer

Following drunk driving accidents, insurance companies may try to decrease their financial burden by offering low settlements to victims of crashes. Often, these settlements fail to reflect the full extent of a victim's injuries, especially if you have severe injuries from the accident. Working with an attorney can give you a better idea of how much compensation you really deserve for your injuries. An attorney can also help you decide whether to accept an insurance company's offer or continue to negotiate.

Question 3

How much compensation can I expect from a drunk driving accident?

Accepted Answer

The compensation you receive for your injuries after a drunk driving accident will vary. First, you must prove that you sustained injuries due to the accident. The severity of those injuries will have a significant impact on the compensation that you can receive. After that, the compensation you receive will depend on who bears responsibility for your injuries, including whether you share responsibility for the accident and the extent of the insurance policy that covers the drunk driver. If a driver carries only minimal insurance, you may receive less compensation than you might following an accident with a driver with a comprehensive insurance policy. Typically, victims of drunk driving accidents claim: Payment for all of their medical expenses, including expenses acquired throughout the recovery process Payment for hours missed at work due to the injury, including both time in recovery and time missed for appointments Compensation for pain and suffering after the accident, including emotional distress Compensation for lost earning potential when serious drunk driving injuries prevent them from returning to their previous professions

Question 4

What is the legal blood alcohol content limit in the Bronx?

Accepted Answer

For non-commercial drivers, the legal blood alcohol content (BAC) limit is 0.08. For commercial drivers, the legal limit is 0.04 BAC. Notwithstanding these limits, a police officer may still consider a driver who falls below the legal BAC limit impaired if the driver shows other signs of intoxication. An officer may charge a driver with a BAC between 0.05 and 0.07 with “driving while ability impaired by alcohol.

Question 5

How can I find out if the Bronx driver who hit me was under the influence of alcohol or drugs?

Accepted Answer

The police report may tell you if the driver who caused the accident was under the influence of alcohol or drugs. So might a conviction or plea in criminal court.

Question 6

What are compensatory damages in Bronx drunk driving accident claims?

Accepted Answer

Compensatory damages are payments made to compensate a victim for losses due to another’s negligent, reckless, or intentional conduct. Compensatory damages may not take away the pain and suffering you experienced in a drunk driving incident, but they may provide some relief from financial, physical, emotional, and other burdens. You may recover economic damages and non-economic damages. Economic damages include past and future medical expenses, including expenses for physical, cognitive, and psychological therapy; past and future lost wages, including potential partial future lost wages; replacement or repair of personal property; and burial, funeral, and/or cremation expenses in the case of wrongful death. Non-economic damages include pain and suffering, including emotional distress; loss of consortium and/or companionship; loss of enjoyment of life; loss of use of a body part and/or bodily function; amputation; disfigurement; and inconvenience.

Question 7

What are punitive damages in Bronx drunk driving accident cases?

Accepted Answer

You might recover punitive damages if a drunk or drugged driver engaged in intentional or grossly negligent conduct. A court might order a drunk driver defendant to pay punitive damages in a case where the plaintiff suffers catastrophic injuries or in a DUI wrongful death case. Courts award punitive damages to punish the wrongdoer based on the egregious nature of their misconduct.

Question 8

Do I need an attorney to represent me in my Bronx drunk driving accident case?

Accepted Answer

Yes. An attorney with experience in DUI cases will know the many factors involved in seeking a fair settlement or taking a case to trial and will advise you accordingly. One critical factor in DUI cases is insurance. If the drugged or drunk driver in your case carried insurance, their insurance provider will likely be the primary source of recovery. Insurance companies are like any other business trying to maximize their profits. To do so, they seek to minimize the amount they pay to victims of their insured and may even engage in deceptive practices to get you to agree to an unfairly low settlement. Following a DUI incident, you might notify an insurance company of the accident, but the only information you should provide is your name, contact information, date, approximate time of the accident, and location of the accident. If you hire an attorney, you benefit from having them contact the insurance company on your behalf. If the insurance company contacts you with questions about the DUI incident, including the type of injuries you suffered, refer it to your Bronx drunk driving attorney. If an insurance company refuses to make you a fair settlement offer, you might need to take your case to court. It is easier to go from settlement negotiations to litigation with an experienced Bronx DUI attorney from the beginning. Your attorney will have already gathered facts to leverage a favorable settlement, which you will need to file a lawsuit. If you suffer severe or catastrophic injuries from a DUI incident that can lead to a long-term or permanent disability, make sure you recover compensation to sufficiently cover future medical expenses. An experienced Bronx DUI attorney can help estimate future medical costs and obtain a fair recovery.

Question 9

The drunk driver in my Bronx drunk driving accident case faced criminal charges. Can I still sue?

Accepted Answer

Yes. Criminal prosecution of a drunk or drugged driver by the state does not preclude any civil suit. You may still be compensated by pursuing the driver and/or their insurance company. Drunk and drugged driving accidents can cause serious injuries, permanent disabilities, or even death. With such high stakes, hire an experienced Bronx DUI attorney to represent you. If you or a loved one was the victim of a DUI incident, contact The Law Offices of Ivan M. Diamond.

Question 10

When Do You Need a Bronx Drunk Driving Accident Attorney?

Accepted Answer

At The Law Offices of Ivan M. Diamond, we’ve helped many clients increase their compensation for serious injuries, including drunk driving accidents. While we cannot guarantee results in your case, we want to help you seek the compensation you deserve.
Contact us today at (718) 588-2000 for your free consultation.

Bronx Drunk Driving Accident Attorneys

Table of Contents

An Experienced Professional Injury Firm for Your Drunk Driving Accident Claim

Drunk Driving in the Bronx

Facing Bronx Drunk Driving Injuries

Filing Your Claim