This is how you can recover maximum damages following a DWI accident in New York City
New York City, NY – Almost a third of all traffic fatalities in New York are the result of a DWI accident. According to the National Highway Traffic Safety Administration (NHTSA), in 2018 there were 943 traffic fatalities in New York. More than 300 of the victims were killed in a crash caused by a drunk driver.
If you’re involved in this type of crash, the best thing you can do is contact the best New York City DWI accident lawyers you can find right away. DWI accidents require a thorough investigation if you want to recover maximum damages.
How drunk was the driver at fault?
In most cases, you can easily tell if the other driver involved in the crash is drunk or under the influence of some illegal drug. The first thing you need to do is call the police. If you can take pictures of the driver or record a video, that would be very helpful, but do not confront them. Leave it to the police to deal with the drunk driver.
If the driver’s BAC is at least 0.08%, the guy was legally drunk and you can sue them if necessary. Also, if their BAC is 0.18%, this is considered aggravated DWI and you may be able to seek punitive damages, as well.
Your lawyers will investigate the driver’s past to see if they had prior DWI convictions. They will also follow up on the case. If the driver at fault is facing criminal charges, this can increase your chances of obtaining considerable damages.
How can I recover damages following a DWI accident in New York City?
Since New York is a no-fault state, you can use your own insurance to cover your immediate medical expenses and the cost of repairing or replacing your car. However, your insurance may not be enough to cover all your damages if you sustain severe injuries.
If your damages are over $50,000, experienced New York City accident lawyers can help you sue the guy who put your life at risk.
Depending on the circumstance, you may be able to sue other parties as well, using New York’s strict laws on drunk driving.
What is the Dram Shop Act?
Under the Dram Shop Act, you may be able to sue the business owner who sold alcohol to the driver that later caused your accident. According to this law, business owners in New York are prohibited from selling alcohol to a person under 21 or to someone who is visibly intoxicated. It will be up to your lawyers to establish where the guy got drunk and if they can be held accountable.
If your accident was caused by a young driver, keep in mind that the legal limit is 0.01% for people under the age of 21. Also, for this age group, the social host law applies. You can use this law to sue a person who supplied alcohol to someone under the age of 21.
In some cases, you may be able to get punitive damages if your lawyers manage to convince the jury that the other driver’s conduct was so reckless that it showed a complete disregard for the consequences of their actions.
Attorneys near me
If you’re looking for an accident lawyer or need professional help with other legal matters, you may be wondering where can I find attorneys near me. Don’t worry, help is just a few clicks away. Just follow the link and select the legal area you’re interested in, your state and your city, choose a lawyer, and schedule a free consultation with a trustworthy legal expert.
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