Experiencing a drunk driving accident in New York can potentially ruin lives, leaving victims with physical injuries, emotional distress, and a multitude of questions about legal rights. In New York State, more than 40% of all motor vehicle fatalities involve impaired driving.

Understanding how New York's comparative negligence laws apply to drunk driving accidents is critical for protecting your rights and securing fair compensation. These laws consider the possibility that multiple parties may share responsibility for an accident, which can significantly impact the outcome of your case. This system can often confuse accident victims, especially when the circumstances involve a drunk driver who is clearly in violation of the law. By better understanding these laws, you can navigate the complexities of the claims process and ensure you are treated fairly during settlement negotiations or a lawsuit.

This guide breaks down the legal concept of comparative negligence in plain, easy-to-understand language so you can move forward confidently. Whether you’re dealing with an uncooperative insurance company or unsure how fault is determined, this information will empower you to take control of your recovery and focus on rebuilding your life.

What is Comparative Negligence in New York Drunk Driving Accidents?

Comparative negligence is a legal principle used to determine how responsibility is divided when multiple parties contribute to a car accident in New York. Drunk driving accidents often highlight the importance of this rule, as intoxicated drivers are typically considered to bear significant fault due to their impaired judgment and illegal behavior. However, even in cases where a drunk driver is involved, the victim’s actions can still influence the outcome of the claim under New York’s pure comparative negligence system.

For instance, if a victim in a drunk driving accident was speeding, failed to signal, or was distracted at the time of the crash, they may be assigned a portion of the blame. Suppose the court finds the intoxicated driver 80% responsible and the victim 20% responsible. In that case, the victim can still recover damages, but their compensation will be reduced by 20%. This system ensures that each party is held accountable for their contribution to the accident, even when one party’s actions—such as driving under the influence—are clearly more egregious.

Drunk driving plays a unique role in comparative negligence cases because it often provides clear evidence of recklessness. Blood alcohol concentration (BAC) tests, police reports, and prior DUI offenses can heavily weigh against the drunk driver, assigning them a significant portion of fault. Nevertheless, insurance companies may still try to shift some blame to the victim to reduce payouts. Understanding how comparative negligence laws interact with drunk driving can empower victims to build stronger claims and seek the compensation they deserve, regardless of the complexities involved.

How is Fault Determined in New York Car Accident Cases?

Determining fault in a car accident involves analyzing evidence and applying state laws. The following factors and steps are commonly used to determine fault:

Police Reports:

After an accident, law enforcement officers typically arrive on the scene and file a police report. This document often includes their observations, witness statements, and any citations issued, such as a ticket for running a red light or driving under the influence. While not definitive, police reports carry significant weight in determining fault.

Eyewitness Accounts:

Statements from people who saw the accident happen can provide unbiased perspectives. Witnesses can describe the actions of each driver leading up to the collision, such as speeding, reckless driving, or failure to yield.

Traffic Laws and Violations:

Fault is often assigned based on whether a driver violated traffic laws. For instance, running a stop sign, making an illegal turn, or driving while intoxicated are clear violations that typically result in a higher degree of fault for the offending driver.

Accident Scene Evidence:

Photos and videos of the accident scene, vehicle damage, skid marks, and road conditions can be used to reconstruct the events leading up to the crash. This evidence helps establish how the accident occurred and who may be at fault.

Insurance Adjuster Investigations:

Insurance companies conduct their own investigations to determine fault and assign a percentage of responsibility to each party. They use the evidence provided, including witness statements and police reports, to make their assessments.

Expert Testimony:

In complex cases, accident reconstruction experts may be called upon to analyze evidence and provide professional opinions about fault. Their expertise can be especially valuable when the circumstances of the accident are unclear.

Understanding how fault is determined can help you gather the evidence needed to protect your rights and maximize your recovery.

How Does PIP Affect Personal Injury Claims in New York After a Drunk Driving Accident?

Personal Injury Protection (PIP) insurance plays a significant role in covering medical expenses and lost wages after a car accident, including those involving a drunk driver. As a no-fault insurance state, New York requires drivers to carry PIP coverage, which ensures that your medical bills and other immediate costs are covered regardless of who caused the accident. This means that after a drunk driving accident, you would first file a claim with your own insurance provider under your PIP policy to receive compensation for medical treatment, lost income, and certain out-of-pocket expenses.

However, PIP benefits are limited, and they may not fully cover your losses, especially if your injuries are severe or result in long-term consequences. In such cases, you may pursue a personal injury claim against the drunk driver to recover additional compensation, such as pain and suffering or other damages not covered by PIP. To file a claim outside the PIP system, your injuries must meet New York’s serious injury threshold, which includes significant disfigurement, fractures, permanent disability, or medical expenses exceeding PIP limits. A personal injury attorney can help navigate the complexities of coordinating PIP benefits with a potential lawsuit, ensuring you receive the full compensation you deserve.

What Types of Compensation Can I Recover After a Car Accident with a Drunk Driver?

If you’ve been injured in a car accident caused by a drunk driver, you may be entitled to several types of compensation to help you recover physically, emotionally, and financially. These damages aim to cover both the immediate and long-term consequences of the accident, ensuring that you are not left shouldering the burden caused by someone else’s reckless actions.

• Medical Expenses:
  You can seek compensation for all current and future medical costs related to the accident. This includes hospital stays, surgeries, medications, physical therapy, and even travel expenses for medical appointments.
• Lost Wages and Future Earnings:
  If your injuries prevent you from working temporarily or permanently, you may be compensated for lost income. This includes the wages you’ve already missed as well as potential future earnings if you cannot return to your previous job.
• Pain and Suffering:
  Drunk driving accidents often leave victims with significant physical and emotional pain. Compensation for pain and suffering addresses the non-economic damages, such as chronic pain, emotional trauma, or reduced quality of life, stemming from the accident.
• Property Damage:
  Damages to your vehicle or other personal property in the crash are also recoverable. This includes repair costs, or if your vehicle is totaled, compensation for its fair market value.
• Punitive Damages:
  In cases involving a drunk driver, punitive damages may be awarded to punish the at-fault party for their reckless behavior and to deter similar actions in the future. These damages are awarded in addition to compensatory damages and highlight the severity of driving under the influence.
• Loss of Consortium:
  If the accident impacts your relationship with a spouse or family members, you may be entitled to compensation for the loss of companionship, emotional support, or marital intimacy.

Working with an experienced attorney can help ensure you pursue the full amount of damages you are entitled to and hold the intoxicated driver accountable for their actions.

How Can a Personal Injury Lawyer Assist Me After Being Involved in a Car Accident with a Drunk Driver in New York?

A personal injury lawyer can provide invaluable assistance if you’ve been involved in a car accident with a drunk driver in New York. From the moment you hire an attorney, they take on the complexities of your case so you can focus on your recovery. They will investigate the accident thoroughly, gathering key evidence to establish the drunk driver’s liability. Additionally, they can work with accident reconstruction experts or obtain BAC (blood alcohol concentration) test results to strengthen your case. This level of expertise ensures that every detail supporting your claim is presented effectively, giving you the best chance of recovering compensation.

Beyond building your case, a personal injury lawyer will handle all negotiations with insurance companies on your behalf. Insurers often try to minimize payouts by disputing the severity of your injuries or shifting blame under New York’s comparative negligence laws. Your attorney will advocate for you, ensuring you are treated fairly and receive compensation for your medical bills, lost wages, pain and suffering, and other damages. If a fair settlement cannot be reached, they can represent you in court, fighting for justice and holding the drunk driver accountable for their reckless actions.

Injured in a New York Car Accident Involving a Drunk Driver? Let Brandon J. Broderick Help You Understand Your Case and Fight for Fair Compensation

A drunk driving accident can leave you or a loved one facing devastating injuries, emotional trauma, and an uncertain future. During this overwhelming time, you don’t have to face the challenges alone. At Brandon J. Broderick, Attorney at Law, we understand the pain and hardship you’re experiencing, and we are here to help you navigate the legal process with care and compassion. Your recovery and justice are our top priorities.

Contact us today for a free consultation, and let us fight for the justice and peace of mind you need to move forward.