Young Girl Struck By Suspected Drunk Driver
When involved in an accident involving a drunk driver, people can normally rely on their personal injury protection policy. New York requires that all drivers carry PIP insurance, which goes to pay for injuries and is the first insurance many turn to. However, when injuries or damages exceed PIP coverage, New Yorkers have several other options. One option is to file a claim with the DUI driver’s insurance. A person injured in a DUI accident may also be able to file a claim against the bar or restaurant who served the alcohol to the drunken driver under New York’s dram shop laws.
The Legal Herald reports on a young girl who was struck by a suspected drunk driver in East Aurora, New York.
30-year old Erin Kuntz was driving west on Main Street in East Aurora on Sunday night. For unknown reasons, her vehicle left the roadway and hit a parked car before striking the nine-year-old girl.
According to police, the girl was riding her scooter when she was hit. She sustained serious injuries and was taken to Oishei Children’s Hospital. According to police, her condition is improving.
Kuntz is facing a litany of charges in the accident. These charges include vehicular assault, DUI, marijuana possession, refusing to take a breathalyzer, driving a motor vehicle on a sidewalk, and failure to use a designated lane.
New York is an implied consent state, so anyone with a New York driver’s license agrees to take a breathalyzer test when suspected of DUI. If refused, the penalties can be harsher.
Kuntz was released on her own recognizance and has another court appearance on July 24th.