New York City Personal Injury Law Blog
Drunk Driving Car Accidents & Personal Injury Claims
Posted on Aug 16, 2017 in Car Accidents
According to the CDC, there are 28 fatalities every day in the US in car accidents that involves an alcohol-impaired driver – which means that 1 death occurs in every 51 minutes. The total cost of alcohol-related crashes is more than $44 billion per year.
10,625 people died in alcohol-impaired driving crashes in 2015, accounting for nearly 29% (one-third) of all traffic-related fatalities in the US.
Proof of Drinking and Driving
If you have been in a car accident involving a drunk driver, you should immediately file a personal injury claim to hold the at-fault party legally liable for your personal injuries. When you take this course of action, it is extremely important to obtain evidence showing that the driver responsible for the accident was driving drunk.
The best evidence to use at a trial in a personal injury case or for negotiating a higher settlement is a police report that clearly states that the driver was legally intoxicated – meaning that his or her blood alcohol content (BAC) was above the legal limit – and/or had an open alcoholic beverage inside the car at the time of the accident.
Some signs that show that a driver might have been drinking or was intoxicated when the car accident occurred include:
- They take a breath mint or start chewing gum.
- They use a breath spray.
- They try to use the bathroom.
- They try to say that the car was being driven by another person in the vehicle.
- They try to throw away alcohol bottles out of the vehicle before the police arrive.
Civil Suits and No-Fault Laws
If you sustained personal injuries in a car accident caused by a drunk driver, keep in mind that no-fault laws directly affect your ability to file a civil suit against the driver. If you live in a no-fault state, there will probably be a threshold in place which bars suits for car accidents unless the personal injuries are of a specific statutory severity or your damages are more than a specific statutorily mandated dollar amount.
Unlike in states with pure negligence, drunk drivers who live in states with no-fault laws are not automatically deemed liable. Even though you were clearly injured through a negligent act by a drunk driver, a threshold is still required to be met by no-fault laws before you can take a suit forward. Laws related to car accident and personal injuries vary from state to state which is why you should consult an experienced car accident attorney before filing a civil suit.
Get Expert Help for Car Accident Claims and Lawsuits
If you or somebody you know has been seriously injured in a car accident, you should immediately seek the help of an experienced and trustworthy personal injury attorney at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280.
RMFW Law can provide sensational services by building a concrete case for you and to make sure your rights are protected so you can receive the right amount compensation for your personal injuries and other damages caused by a drunk driving car accident. This is what we do! We know how to win these types of cases.
You will be approached by the insurance company. They want to get to you before you secure legal help. They want to do their best to build rapport with you while undermining your case. They may offer you enough money to pay for you vehicle damage but how about your missed time at work, medical costs, pain and suffering, personal time lost, how much this injury will impact your professional life, and so on?
We know their tactics and we know how to hit their case and poke holes to get them to the bargaining table to make sure you receive the right amount of compensation. We only win if you win. You pay RMFW Law nothing up front. Call us now!