In a typical DUI accident in New York, which is a no-fault state, a person first submits an injury claim to their own insurance. However, if the accident involves a person who was driving under the influence, the victim can sue the driver for damages. These damages can include medical expenses, damage to the vehicle, and pain and suffering. In addition to holding the driver of the vehicle responsible, New York also allows the venue or the person serving the alcohol to be held liable. In addition to the damages listed above, a victim may also pursue punitive damages from the driver who was intoxicated.
Syracuse.com reports on a woman facing another drunk driving charge after being released from parole on an aggravated vehicular manslaughter charge that killed her friend. 26-year-old Chelsea Kuss was arrested last Tuesday by the Syracuse Police Department and charged with drunkenly crashing a vehicle outside Rosie’s Pub. This latest crash comes just nine years after Kuss was involved in a deadly Madison County crash that killed Kuss’ friend, 17-year-old Victoria Deverso.
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At around 2:30 a.m. on Wednesday, May 1, police found a car on its side on the 1400 block of West Genesee Street. Police arrested Kuss six days later on DWI as well as other charges. This is Kuss’ second drunken crash. On May 24th, 2010, Kuss and Deverso skipped school and went to Sylvan Beach. There, Kuss drank several cans of an alcoholic beverage called Four Loko. The drink has a nickname of “blackout in a can.” While traveling at over 80 m.p.h. on Route 31 in Sullivan, Kuss crashed into a van. Deverso died in the crash. The driver of the van suffered from serious injuries.
Kuss pleaded guilty in 2011 to aggravated vehicular manslaughter, DWI, and reckless driving. She was sentenced to serve three to ten years in prison. She was released after serving five years in 2016. Kuss was released from parole in February 2018.