On average, drunk drivers injure or kill 29 people every day, according to statistics from the Centers for Disease Control and Prevention (CDC). A drunk driving accident can result in extensive property damage and injuries that could result in significant financial and non-financial losses. You could seek compensation if you were the victim of a drunk driving accident, and we believe you should.
Call Friedman & Simon, L.L.P. at (516) 932-0400 for a free consultation with a Glen Cove drunk driving lawyer. If you work with us, we will keep you informed about the progress of your case, identify liable parties for your accident, communicate with those parties for you, gather evidence, determine a value for your case, and fight relentlessly to win the best possible outcome for you.
In This Article
- The Penalties for Drunk Driving
- Negotiating with an Insurance Company
- Personal Injury and Wrongful Death Compensation
- How a Glen Cove Drunk Driving Accident Lawyer Will Manage Your Case
- Call for a Free Consultation
The Penalties for Drunk Driving
In New York State, drivers are prohibited from getting behind the wheel with a blood-alcohol level (BAC) of .08 percent or higher. For commercial vehicle drivers, the threshold for BAC is even lower. Commercial drivers cannot be on the roads with a BAC of .04 percent or higher.
According to the New York State Department of Motor Vehicles (DMV), there are a number of possible drunk driving violations that drivers could face in New York State, including:
- Driving while intoxicated (DWI). When drivers register a BAC between .08 and .18, they can be assessed a DWI.
- Aggravated DWI. In cases where drivers are significantly intoxicated with a BAC of .18 or higher, they may receive an even more severe DWI charge.
- Driving while impaired (DWAI/Alcohol). If a driver registers a BAC between .05 and .07, they may receive a DWAI.
- Zero Tolerance Law. A driver who is under 21 faces stricter regulations for alcohol levels. They may not drive with a BAC between .02 and .07.
If a driver showed evidence of intoxication or impairment and was ticketed with any of the above penalties, your lawyer will use this as evidence of that driver’s negligence in your claim.
New York State also provides laws on the liability of business owners who sell alcohol illegally or to minors. These laws are covered in New York General Obligations Law (GOB) §11-101 and New York GOB §11-100. If a business sold alcohol illegally, (including circumstances when alcohol was sold to someone already intoxicated, such laws being known historically as, “Dram Shop Laws,”) or to a minor and these circumstances led to your accident, your lawyer will also investigate the potential for this type of claim in addition to the claim against the intoxicated/impaired driver.
For a free legal consultation with a drunk driving accidents lawyer serving Glen Cove, call 516-932-0400
Negotiating with an Insurance Company
As you seek compensation for your losses and injuries, you may need to make claims against your own insurance company and/or the insurance company of the intoxicated/impaired driver. Negotiating a settlement with any insurance company can pose challenges for accident victims. Many accident injury victims have found that when they filed claims for injuries or losses, the insurance company they made a claim against has offered to settle for a low amount. One of the many benefits of having your own lawyer make the claim for you is that your lawyer will determine a value for your claim based upon experience, comparison to other similar cases, and the applicable laws and fight for your right to recover an appropriate amount of monetary compensation given all the applicable circumstances. A lawyer will communicate with the insurance company, assert the strongest possible arguments on your behalf, file suit if necessary. If the insurance company still refuses to make an appropriate offer even when a lawsuit has been commenced, your lawyer will present the case to a judge and jury.
In New York State, under no-fault insurance laws, the insurance company of the vehicle you were in will pay the first $50,000.00 of related medical expenses and lost earnings benefits. You may sue the at-fault, intoxicated/impaired driver for your losses if your injuries meet a certain threshold of severity. A lawyer will speak with you more about methods of seeking compensation based on the details of your case.
Call Friedman & Simon, L.L.P. at (516) 932-0400 for a free consultation with a Glen Cove drunk driving accident lawyer. We will review who caused your accident and guide you regarding the claim and lawsuit process.
Glen Cove Drunk Driving Accident Lawyer Near Me 516-932-0400
Personal Injury and Wrongful Death Compensation
Your lawyer will review your case and, while maintaining communication with you, determine an appropriate level of compensation to pursue for a settlement. Compensation for your injuries and losses could include:
- Your past and future medical bills, not covered by no-fault
- Income you have lost and that you are reasonably expected to lose
- Past and future pain, suffering, and emotional trauma
In the event you have suffered through loved one’s death in an accident, we offer you our heartfelt condolences. A wrongful death claim will permit you to seek compensation for the expenses related to your loved one’s death. We are passionate about wrongful death cases. We see our role, as a voice for the drunk driving accident victim and for their surviving family as a solemn duty. We are dedicated to winning the monetary compensation you need and the justice your departed loved one deserves.
How a Glen Cove Drunk Driving Accident Lawyer Will Manage Your Case
When you speak to a lawyer at your consultation, they will discuss the details of your case and advise a legal path to move forward. As the case moves forward, you will receive several services as outlined below.
Keep You Updated on Your Case
A lawyer will manage the legal process of your case for you and keep you informed about all significant developments in your case’s progress. If your case goes to trial, your lawyer will let you know about any important needs for your case.
Identify and Communicate with the Responsible Parties Involved
A lawyer is there to talk to your insurance company, and the insurance company and defense lawyers representing those who caused your injuries. The insurance company could attempt to offer a low settlement amount. However, your lawyer will present evidence to negotiate an offer that addresses your losses.
Your attorney will give you updates during their negotiations, and they will share any additional evidence they have uncovered. You should not take phone calls, attend meetings, or sign documents unless your attorney is present. One of our important goals is to relieve you of the stress of even thinking about these legal details. Our hope is that you will focus on your medical treatment, your recovery, and healing.
Gather Evidence and Determine a Value for Your Case
As your attorney builds a case, they will determine, in consultation with you, the settlement amount that reflects your losses, building evidence to support this claim. Your lawyer will work to win the best possible outcome for you through negotiation. . If the insurance company will not make an offer that compensates your losses, depending upon the unique circumstances of your case and after further consultation with you, your lawyer could take your case to trial.
Although the great majority of cases do settle, experience has shown us that the way to obtain the best settlement is to be prepared to litigate and even proceed to trial. Going to trial might require a longer legal process, potentially even including appeals. Your lawyer will stay with you until the case closes, either through a settlement, judgment, or appeal.
In New York State, there is a limit on the time permitted to file a personal injury lawsuit, according to New York Civil Practice Law & Rules (CVP) §214. In addition to this law, called the statute of limitations, there are other deadlines that must be observed in claims and lawsuits. For this reason, speak with a lawyer as soon as possible to ensure your case is on track to meet the statute of limitations and other deadlines.
Another reason to act promptly in reaching out to a lawyer is a very practical one. The longer a party delays, the more likely evidence can be difficult to find or even, “disappear.” Witnesses and dash-cam or surveillance video, for example, should be tracked down promptly.
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Call for a Free Consultation
Call Friedman & Simon, L.L.P. at (516) 932-0400 for a free consultation with a Glen Cove drunk driving accident lawyer after you or a loved one is hurt in a drunk driving accident. If needed, we will assist clients in other languages. We will meet with clients on Long Island or elsewhere in the New York metropolitan area. We hope that we will have the opportunity to help you.