Unfortunately DWI accidents injure people. If a drunk driver hit your vehicle here is what you need to know.
If you were hit by a drunk driver in New York it will likely assist your case in receiving compensation for any injury you sustained. It is obvious that all driver’s are required to safely operate a motor vehicle and reasonable and prudent person, and it logically follows that one who is intoxicated cannot safely operate.
So if you suspect that the other driver is intoxicated, call 911 and notify the local police. Let them handle the other driver and take down license, registration, insurance, and contact information but do not leave the scene without that information. In addition, get the contact information from any witnesses to the accident.
Making a Personal Injury Claim
Under New York State Law, you have 3 years to file a civil claim or “lawsuit” agains the drunk driver. This allows you plenty of time to consult with a lawyer and file the appropriate initial paperwork, but there is no advantage in waiting. Believe it or not, people do let this timeline pass.
Once you choose a personal injury lawyer for your case, request a consultation and provide them with all of the information you have. The lawyer will then begin an investigation into your case.
Initial Accident Investigation
Your lawyer and his investigators will then get to work unfolding the details of your case They will gather all police reports, witness statements, physical evidence, and potential video that may exist, among other things. The investigators can then question potential witnesses, if necessary, to gather more information about your case.
Filing Your Lawsuit
In drunk driving cases legal liability can even extend beyond the driver of the vehicle. This is because New York State recognized that establishments that serve alcohol have a duty to cut-off visibly intoxicated people. Failure to do this, called “overservice”, can make that bartender or business owner subject to civil as well as criminal proceedings.
You may wish to bring a civil suit against a bartender or business owner responsible for over serving the driver who hit and injured you. This can get complicated, particularly if the driver went to more than one bar before the incident. However, your attorney will conduct depositions to learn who the driver was with before the incident, what establishments he attended, whether he was a regular at these establishments, who was serving him, and how long he had been there.
Experienced Accident Attorney in Binghamton, NY
Attorney Christopher Brown is an experienced car accident lawyer serving Upstate, NY. Chris Brown and his legal team have fought and won for hundreds of clients. Call Chris today at (607) 988-3131 for a free consultation.