Every driver in North Bellmore has the same duty to keep others safe. This obligation includes following the rules of the road as well as keeping one’s attention on their surroundings. A prime example of how people fail in this duty is when they engage in drunk driving. Not only is drunk driving against the law, but as everyone knows, it also seriously impacts a person’s ability to operate a vehicle.
As a result, an individual who is drunk and involved in a car accident is likely at fault for that incident, meaning they are responsible for providing compensation to all injured parties. If you have suffered injuries in an incident involving a drunk driver, even if you were in the same car as that driver, you might have the right to demand compensation for your losses.
A North Bellmore drunk driving accident lawyer is here to help you to pursue your case against at-fault drivers and their insurance companies. Their services include gathering evidence concerning the incident, measuring how the crash has impacted your life, and seeking fair payments in and out of court.
Contact the legal team at Friedman & Simon, L.L.P. today at (516) 932-0400 for your free consultation.
The Drunk Driving Laws in North Bellmore
Everyone knows that it is illegal to drive a vehicle while under the influence of alcohol. However, it is just as illegal to drive a car, truck, or motorcycle while under the influence of a foreign substance. For this reason, people who are high or otherwise affected by a prescription medication are just as liable for any resulting damage.
According to New York Vehicle and Traffic Law (VAT) §1192, an individual violates the drunk driving law when they have a blood alcohol concentration of 0.08 percent or more. Alternatively, they violate the law if their consumption of alcohol or drugs impairs their ability to safely operate a vehicle.
It is important to understand the state’s drunk driving laws because a conviction in criminal court is powerful evidence of fault in a related civil lawsuit.
In fact, if a driver receives a conviction for drunk driving in criminal court, either as the product of a guilty plea or a trial, that same driver cannot argue that they were not at fault for the incident in a civil trial. A lawyer can work with you to explain the state’s drunk driving laws and the impact that they can have on a civil claim for compensation.
For a free legal consultation with a drunk driving accidents lawyer serving North Bellmore, call 516-932-0400
Proving Fault in Cases Where Police Did Not Make an Arrest
It is true that an arrest by the police followed ultimately by a conviction for drunk driving can be a powerful and in some cases conclusive indicator of driver fault. However, even if the police do not make an arrest or a criminal court fails to convict the other driver, this outcome does not mean that a demand for compensation will fail.
As such, the burden of proof in civil lawsuits for compensation is less than that in a criminal court. To convict a driver in criminal court, the prosecutor must prove beyond a reasonable doubt that a person was intoxicated. By contrast, a civil claim for damage must only prove that the other driver was more likely than not at fault for the incident.
A lawyer may be able to help you to collect the evidence necessary to prove that the other driver was to blame for the collision. This can include obtaining a police report, gathering dashcam footage, tracking down witnesses who saw the crash, and even hiring accident reconstruction specialists who can build a picture of the moments before the collision.
Reach out to Friedman & Simon, L.L.P. today by calling (516) 932-0400. We are ready to get to work immediately handling your claim and continue to work tirelessly until your case is concluded, with the goal of winning every dollar of compensation that you deserve.
North Bellmore Drunk Driving Accident Lawyer Near Me 516-932-0400
Hiring an Attorney Could Help You to Obtain the Compensation That You Need to Move Forward
Every car crash has the potential to result in life-changing injuries. However, collisions that are the result of drunk driving can be especially serious because the intoxicated driver is unlikely to take any action that could help lessen the force of the impact or avoid a crash.
The resulting physical injuries can be devastating, such as:
- Lacerations causing significant disfigurement
- Traumatic Brain Injury (TBI)
- Broken bones
- Spinal cord damage
- Traumatic or surgical amputations
An at-fault driver and their insurance company may be responsible for providing compensation for necessary medical care. This reimbursement could include payments for past treatment as well as estimates for the costs of future rehabilitation.
In addition, injured people have the right to demand payments for their other losses. A car accident can cause severe emotional trauma in the form of nightmares, flashbacks, or post-traumatic stress disorder. While difficult to measure, a claim for damages can seek payments for this diminished quality of life.
A final common source of compensation is lost wages. If an injury has left you unable to work while making a recovery or resulted in a permanent disability, an at-fault driver may need to provide reimbursement for this lost income.
Sadly, it is also possible that a drunk driving incident resulted in a death. While this is a difficult time for family members, they have the right to demand compensation on behalf of the decedent and for their own resulting financial harm. A North Bellmore drunk driving accident lawyer is ready to help all people who have suffered because of the poor choices, or deadly choices, of drunk drivers.
In every situation, it is vital to act quickly. Under New York Civil Practice Laws & Rules (CVP) §214, there is a limited time to pursue a case in court. Additionally, evidence such as witness statements and dash-cam and surveillance video should be obtained as soon as possible. Simply stated, the sooner you contact us, the greater our ability to protect your rights and to build the strongest case possible on your behalf.
People Who Suffer Losses Because of Drunk Drivers Have the Right to Demand Compensation
A North Bellmore drunk driving accident lawyer is here to fight for you. The legal team at Friedman & Simon, L.L.P. is ready to take your call at (516) 932-0400. You deserve the compensation that you need to make your best recovery after a collision. Our legal team will keep you updated on your case, identify the liable parties, handle all communications, gather evidence of the drunk driver’s fault, and determine a value for your case. Give us a call today to learn more.