Bronx Drunk Driving Accident Lawyer
Each year, more than 10,000 people die in drunk driving accidents across the United States. Alcohol consumption slows reflexes, interferes with thinking skills, and makes drivers far less safe on the road, yet drivers continue to get behind the wheel after consuming alcohol. If you suffered serious injuries in a drunk driving accident, you should seek legal help to determine your eligibility to receive compensation for your injuries from the drunk driver’s insurance policy. Contact the Law Offices of Ivan M. Diamond at (718) 588-2000 to speak with a Bronx drunk driving accident lawyer after your accident.
An Experienced Professional Injury Firm for Your Drunk Driving Accident Claim
After a drunk driving accident, you may need an experienced car accident attorney to help you file your claim and fight for the compensation you deserve. At the Law Offices of Ivan M. Diamond, you will receive professional, determined assistance that will, for many clients, increase the amount of compensation that they receive. Working with an experienced attorney like the ones at the Law Offices of Ivan M. Diamond can help:
- Provide a blueprint for the claims process, including how long you can expect it to take
- Provide valuable legal advice about every aspect of your claim, including how to communicate with the insurance company
- Reduce your stress, as the attorney will take over communication with the insurance company on your behalf
- Increase the amount of compensation that you receive for your injuries
Facing Bronx Drunk Driving Injuries
Bronx drunk driving injuries, like other injuries from auto accidents, can leave you struggling to take care of everyday tasks or to return to work after your accident. Consider these common injuries:
Drunk driving accidents, due to the slowed reflexes of the drunk driver, can cause more severe injuries than other auto accidents. In many cases, victims of drunk driving accidents may face more severe limitations or need a longer time to recover from their injuries.
Filing Your Claim
When you file a claim after a drunk driving accident, you may have several questions. Contacting a lawyer as soon as possible can help you better evaluate your specific accident.
Who has to pay for my injuries after a drunk driving accident?
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 that occurred due to his or her inebriation. If an impaired driver chose to drive recklessly or ignored 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 plans to get behind the wheel after leaving the establishment, servers and bartenders must take care not to 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.
Do insurance companies always offer compensation for a drunk driving victim’s full cost of injuries?
Following drunk driving accidents, insurance companies may try to decrease their financial burden by offering low settlements to victims of the accidents. Often, these settlements fail to reflect the full extent of a victim’s injuries, especially if you have serious injuries from the accident. By working with an attorney, you can get 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.
How much compensation can I expect from a drunk driving accident?
The compensation you receive for your injuries after a drunk driving accident will vary. First, you must prove that you sustained injuries as a result of 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 would following an accident with a driver with an extensive insurance policy. Typically, victims of drunk driving accidents claim the following:
- Compensation for all of their medical expenses, including expenses acquired throughout the recovery process
- Compensation 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
Bronx Drunk Driving Accident FAQs
According to the Department of Motor Vehicles, persons under 21 constitute 4 percent of the driving population in New York State but constitute 7 percent of impaired drivers involved in fatal wrecks. Twenty percent of fatal highway wrecks involve drunk or drugged drivers. If you or a loved one has been injured in a drunk or drugged driving incident, you can seek compensation with the help of The Law Offices of Ivan M. Diamond. Below are some of the most frequently asked questions we receive from drunk or drugged driving incident victims.
What is the legal blood alcohol content limit in the Bronx?
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.”
How can I find out if the Bronx driver who hit me was under the influence of alcohol or drugs?
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.
What are compensatory damages in Bronx drunk driving accident claims?
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 two types of compensatory damages: economic damages and non-economic damages. Non-economic damages are intangible costs you incur, such as loss of the ability to do things you enjoy as a result of the injuries you sustained in a drunk driving incident.
- 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 a 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.
What are punitive damages in Bronx drunk driving accident cases?
Punitive damages may be available if a drunk or drugged driver’s conduct was intentional or grossly negligent. 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. Punitive damages are awarded to punish the wrongdoer based on the egregious nature of their misconduct.
Do I need an attorney to represent me in my Bronx drunk driving accident case?
Yes. An attorney with experience in DUI cases will be familiar with the many factors at play in seeking a fair settlement or in taking a case to trial and will advise you accordingly.
One particularly important 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 give it is your name, contact information, date, approximate time of the accident, and location of the accident. If you hired an attorney, you have the benefit of 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 could lead to a long-term or permanent disability, you want to make sure you recover compensation sufficient to cover future medical expenses. An experienced Bronx DUI attorney can help estimate future medical expenses and obtain a fair recovery.
The drunk driver in my Bronx drunk driving accident case was criminally charged. Can I still sue?
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, have an experienced Bronx DUI attorney represent you. If you or a loved one was the victim of a DUI incident, contact The Law Offices of Ivan M. Diamond at (718) 588-2000 for a free consultation.
When Do You Need a Bronx Drunk Driving Accident Attorney?
At the Law Offices of Ivan M. Diamond, we’ve helped many of our clients increase their compensation for serious injuries, including drunk driving accidents. While we cannot guarantee results in your case, we would like to help you seek the compensation you deserve. Contact us today at (718) 588-2000 to schedule your free consultation.
The Law Offices of Ivan M. Diamond
888 Grand Concourse Suite #1L, 10451