Holding Drunk and Impaired Drivers Liable for Causing Accidents

Individuals injured in accidents caused by intoxicated or drug-impaired drivers are entitled to financial compensation. A conviction for driving under the influence (DUI) or driving while ability impaired (DWAI) provides a solid foundation for the victim's claim. However, it is still necessary to show a causal link between the driver's intoxication or impairment and the accident.

DUI (driving with a blood alcohol content of 0.08 percent or more) and DWAI (driving with ability impaired to any extent by alcohol, drugs or both) are violations of New York criminal law. Motorists who commit any of these violations are considered negligent per se, which means they are liable for all consequences of their actions. 

Proving that an accident resulted specifically from DUI or DWAI, rather than other causes, involves meticulous gathering and analysis of evidence, such as police reports, eyewitness accounts, video footage and expert analyses of the accident scene. Demonstrating erratic driving behavior or violation of traffic laws prior to the accident can further substantiate the claim that intoxication or impairment was the primary cause. The victim’s personal injury attorney plays a pivotal role in building a case that demonstrates the driver’s condition and how it led to the accident. 

Proving causation includes showing that the injured victim’s conduct did not contribute to the accident, or minimizing the degree of contribution. New York law follows a rule of comparative negligence, which means the compensation awarded to the victim is reduced by their percentage of fault in causing the accident. For instance, if the victim suffers $100,000 in damages and is found to be 20 percent at fault, their compensation would be reduced to $80,000. Thus, establishing the intoxicated driver’s overwhelming responsibility is essential to maximizing the victim’s compensation.

Liability may extend to bars, restaurants or other businesses that served alcohol to the driver. Under New York’s dram shop law, an establishment can be held accountable if it continued to serve a patron despite obvious signs of intoxication, and if the patron got into an accident soon afterward. This can be demonstrated through witness testimony, surveillance footage and receipts showing the amount and timing of alcohol served. Once this conduct is proved, the establishment can be held liable for the entire amount of the victim’s damages. This can be of vital importance, since the drunk or impaired driver may have died in the accident or may not have sufficient insurance or resources to compensate the victim.

Rich & Rich, P.C. works to obtain financial compensation for victims of DUI and DWAI accidents throughout the New York metropolitan area. We have locations in Manhattan and Long Island. Please call 917-746-3358 or contact us online for a free consultation.