If you were injured in a car accident that involved a drunk driver, it’s imperative to understand your rights and legal options. Please continue reading as we explore the damages you can recover and how an experienced Bronx Car Accident Lawyer can help you fight for the justice you deserve.
How Can I Hold a Drunk Driver Liable for My Damages?
If you have been struck by a drunk driver, it’s crucial to understand that seeking compensation is often easier because the law generally places a strong presumption of liability on the intoxicated driver. This makes it much simpler to establish fault and therefore increases your chances of a successful claim compared to other car accident cases where fault might be more contested.
The legal principle “negligence per se” applies in drunk driving claims. Essentially, this legal theory holds a defendant liable for damages caused by violating a law or regulation. Driving under the influence is illegal, meaning it constitutes an automatic breach of duty. As such, the drunk driver is automatically liable for any resulting damages. They are negligent due to their choice to get behind the wheel while intoxicated. Unlike in most car accident claims, you don’t have to prove negligence in the traditional sense. Rather, you only need to demonstrate that the driver was intoxicated and it caused the crash, instead of proving they acted unreasonably.
In addition to taking legal action directly against a drunk driver, New York’s Dram Shop law allows victims to file a claim against an establishment or alcohol vendor that over-served the intoxicated motorist who caused the collision. If successful, this claim can provide additional compensation if your damages exceed your coverage.
What Damages Can You Recover in a Drunk Driving Claim?
While no amount of compensation can undo the harm caused by a drunk driving accident, it can provide the necessary resources to rebuild your life. Generally, you can receive compensation for two types of compensatory damages: economic and non-economic. These funds are designed to make a victim “whole” again, providing monetary compensation for actual losses they suffered due to a defendant’s wrongdoing. This helps put them back in the position they were in before their injuries occurred, covering costs like medical expenses, lost wages, and pain and suffering. These damages are not intended to punish a defendant.
In a drunk driving claim, the court may find that punitive damages are justified. These damages are designed to punish a defendant for their reckless behavior and deter them from engaging in similar conduct in the future. They are not intended to compensate victims for the losses they’ve incurred as a result of the accident. Punitive damages are awarded when a defendant’s actions are particularly egregious, showing total disregard for the safety of others. Factors that can justify punitive damages include a high BAC, prior DUI convictions, fleeing the accident scene, and other aggravating circumstances.
If you have been injured by a drunk driver, please don’t hesitate to contact a dedicated lawyer from James Newman, P.C. who can help you fight for the compensation you need to get your life back on track. Connect with our firm today for legal advice and skilled representation.
