Drunk Driving Accidents

New York City Drunk Driving Accident Lawyers

Representing Drunk Driving Accident Victims in All Five Boroughs

Each year, thousands – if not millions – of car accidents happen across the country due to the negligence of drunk drivers. If you were hit by a drunk driver in New York City recently, then it can feel like you’re down on your luck and out of options, especially if you listen to the driver’s auto insurance provider. To get yourself back on track, call (718) 690-3132 and speak with an NYC drunk driving accident attorney from Koenigsberg & Associates Law Offices. We can assist you with all parts of your claim, including initial investigations, settlement negotiations, and courtroom litigation.

Initial consultations are freefor inquiring clients.

Legal Intoxication in New York

When someone operates a vehicle with too much alcohol in their system, they are “legally intoxicated,” which sounds contradictory because it is illegal to drive while legally intoxicated. Each state has different legal limits for drivers. If the driver who hit you can be charged with a crime for being legally intoxicated to some extent, then it could help prove that they are liable for your damages.

In New York, drivers are legally intoxicated at these blood alcohol concentration (BAC) levels:

  • 0.05 to 0.07: A driver who has a BAC level within this range and who shows signs of impairment while driving can be charged with driving while ability impaired (DWAI).
  • 0.08: A driver with a BAC level at this level or higher can be charged with driving while intoxicated (DWI).
  • 0.18 and up: A driver who has a BAC level of this level can be charged with aggravated driving while intoxicated (ADWI).

Additionally, a driver under the age of 21 who has a BAC level at or above 0.02 can be charged with DWAI, even if they are not showing signs of impairment. This rule is part of New York’s “zero tolerance law” for underage drinking and driving, even though it can excuse underaged drinkers with a BAC level below 0.02 but above 0.00.

New York Dram Shop Law

In New York, drunk driving accident victims may be able to seek compensation from the drunk driver who hit them and the party that gave that driver alcohol. The state’s dram shop laws allow you to sue an alcohol vendor who serves alcohol to someone who is “visibly intoxicated” or who is underage. If the person who was unlawfully provided alcohol causes a car accident later that day or night, then the alcohol vendor could be partially liable for the victim’s damages.

Alcohol vendors can include various businesses, such as:

  • Bars
  • Restaurants
  • Convenience stores
  • Grocery stores
  • Hotels
  • Music venues

New York also has a social host liability law, but it is more limited. Under this law, social hosts can be partially liable if they knowingly gave alcohol to an underage driver who later causes a crash. Social hosts cannot be liable for a drunk driver who is 21 or older, even if they give that person alcohol when they appear visibly intoxicated.

Turn Your Case into a Winner – Call Us Now

Our New York City drunk driving accident lawyers are here to support you however we can after a devastating crash. You deserve maximum compensation from the drunk driver who hit you, and we know how to pursue it. Call us at (718) 690-3132 or contact us online now to learn more.


Frequently Asked Questions About Drunk Driving Accidents

Can you sue if you have PIP insurance?

New York requires you to carry personal injury protection (PIP) insurance, which pays for your damages after a drunk driving accident. You can only bring a claim for compensation against the drunk driver if you were “seriously” injured by them. Serious injuries include broken bones, permanent disabilities to one or more body parts, full disability that lasts 90 days or more, and/or a noticeable disfigurement.

Will the drunk driver be forced to appear in court?

The intoxicated driver who hit you will have to appear in criminal court if they were arrested and charged with drunk driving. They will not have to appear in civil court unless you file an injury claim against them. The evidence used in either court can benefit the case in the other, though.

What compensation does the drunk driver owe me?

Assuming you were seriously injured by the drunk driver who hit you, they might owe you damages that pay for past and future medical bills, past and future lost income, and non-economic damages like your pain, suffering, and emotional trauma. Our attorneys can help calculate all the types of damages you are owed.

Is there a deadline for a drunk driving accident claim?

Yes, New York requires you to file an accident claim within three years of it occurring. Otherwise, you cannot pursue a recovery from the drunk driver. Keep in mind that you must file a claim with your insurance company much, much sooner, sometimes within as little as 30 days of the crash.

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  • “I am very grateful to Mr. Koenigsberg and his staff for the great job that they did on my case. They were always available by phone and in-person to advise me.”

Top Reasons to Hire Our Firm

  • A Proven Record of Client Satisfaction
  • Offering 24/7 Availability & Free Initial Consultations
  • Thousands of Injury Cases Handled Successfully
  • Personalized Attention & Skilled Assistance
  • You Won’t Pay Unless We Win Your Case
  • More Than 25 Years of Legal Experience

Contact Our Firm

Call Us at 718-690-3132
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