If you suffered severe injuries in a drunk driving accident in the Bronx, seek legal help to determine your eligibility to receive compensation for your injuries from the drunk driver. Contact Ivan Diamond Bronx Personal Injury Attorney at (718) 588-2000 to speak with a Bronx drunk driving accident lawyer after your accident.
We can assess your rights and seek total compensation for your losses. Our team has obtained many six and seven-figure settlements and awards for our injured clients, including for car accident victims. Reach out for a free case evaluation to learn how we can protect your rights after a drunk driver injures you.
- An Experienced Professional Injury Firm for Your Drunk Driving Accident Claim
- Drunk Driving in the Bronx
- Common Bronx Drunk Driving Accident Injuries
- Filing Your Claim
- Bronx Drunk Driving Accident FAQs
- Do I Need an Attorney to Represent Me in My Bronx Drunk Driving Accident Case?
- Contact a Bronx Drunk Driving Accident Attorney Today
An Experienced Professional Injury Firm for Your Drunk Driving Accident Claim
After a drunk driving accident, you may need an experienced car accident attorney to help you file your claim and fight for the compensation you deserve. At Ivan Diamond Bronx Personal Injury Attorney, you will receive professional, determined assistance that will, for many clients, increase the compensation they receive.
Working with an experienced attorney at Ivan Diamond Bronx Personal Injury Attorney can:
- Provide a blueprint for the claims process, including how long you can expect it to take
- Provide valuable legal advice about every aspect of your claim, including how to communicate with the insurance company
- Reduce your stress, as the attorney will take over communication with the insurance company on your behalf
- Increase the amount of compensation that you receive for your injuries
Drunk Driving in the Bronx
There are many fun things to do in the Bronx, and many adults enjoy themselves by heading out for alcoholic beverages.
Some common events that might lead to more drunk driving include:
- College students attending parties at Fordham University
- People dining in the Belmont neighborhood, also known as Bronx Little Italy
- Fans cheering on the Yankees at Yankee Stadium
- Concertgoers leave shows at SummerStage or Lehman Center for the Performing Arts
Sometimes, people leave a friend or family member's house after one drink too many when they cause a crash and injuries.
Alcohol consumption slows reflexes, interferes with thinking skills, and makes drivers far less safe on the road, yet drivers continue to get behind the wheel after consuming alcohol. Each year, more than 10,000 people die in drunk driving accidents across the United States.
No matter why someone drinks, they should always plan for safe transportation, including the subway, taxis, or Uber and Lyft. If they do not, they can be liable for any injuries or losses they cause.
Drunk driving in the Bronx can lead to an arrest and criminal charges in New York courts. However, victims should always address civil liability, as a criminal case will do little to compensate injured victims.
Common Bronx Drunk Driving Accident Injuries
Drunk driving accidents can result in a range of injuries, and the severity can vary depending on factors such as the speed of the vehicles involved and the use of safety equipment. Some common injuries associated with drunk driving accidents include:
- Whiplash: Sudden acceleration or deceleration in a collision can cause the head to jerk forward or backward, leading to neck strain or whiplash.
- Head Injuries: Traumatic brain injuries (TBIs) can occur if the head makes contact with the windshield, steering wheel, or other surfaces during a crash.
- Fractures: Broken bones are common in car accidents, and the impact force can cause fractures in various parts of the body.
- Internal Injuries: Blunt force trauma can result in internal injuries, such as damage to organs like the spleen, liver, or kidneys.
- Spinal Cord Injuries: Severe accidents may cause damage to the spinal cord, leading to paralysis or other long-term complications.
- Soft Tissue Injuries: Injuries to muscles, ligaments, and tendons may occur, causing pain and limiting mobility.
- Cuts and Lacerations: Broken glass, deployed airbags, or other objects in the car can cause cuts and lacerations.
- Facial Injuries: Impact with the steering wheel, dashboard, or airbag can cause facial injuries, including fractures or lacerations.
- Psychological Trauma: In addition to physical injuries, individuals involved in drunk driving accidents may experience emotional distress, anxiety, or post-traumatic stress disorder (PTSD).
It's important to note that driving under the influence of alcohol is illegal and poses a serious threat to public safety. Preventing drunk driving accidents is crucial through education, enforcement of laws, and encouraging responsible choices. If you or someone you know has been involved in a drunk driving accident, seeking medical attention and legal assistance is recommended.
Drunk driving accidents, due to the slowed reflexes of the drunk driver, can cause more severe injuries than other auto accidents. In many cases, victims of drunk driving accidents may face more severe limitations or need a longer time to recover from their injuries.
Filing Your Claim
When you file a claim after a drunk driving accident, you may have questions. Contacting a lawyer as soon as possible can help you better evaluate your specific accident.
Who has to pay for my injuries after a drunk driving accident?
After a drunk driving accident or any other type of accident, even if someone else’s negligence caused the accident, you bear primary responsibility for taking care of your medical bills. However, the responsible party’s insurance company will often issue a payment to help cover many of those expenses.
Responsible parties may include:
- The drunk driver. In many cases, the drunk driver may bear sole responsibility for an accident due to their inebriation. If an impaired driver chooses to drive recklessly or ignores appropriate safety precautions, that driver may cause serious accidents with substantial injuries. In this case, the drunk driver’s insurance company will usually pay your claim.
- The bar or restaurant that over-served the drunk driver. Bars and restaurants must pay particular attention to their patrons. If the workers at a bar or restaurant know that an individual planned to get behind the wheel after leaving the establishment, servers and bartenders must not allow that individual to consume excessive alcohol. The bar or restaurant should also take steps to prevent patrons from driving drunk, which may include summoning an Uber or taxi or suggesting that the patron remain until some of the alcohol processes out of his bloodstream. When the bar or restaurant fails to take these steps, it may share responsibility for the accident.
Do insurance companies always offer compensation for a drunk driving victim’s total cost of injuries?
Following drunk driving accidents, insurance companies may try to decrease their financial burden by offering low settlements to victims of crashes. Often, these settlements fail to reflect the full extent of a victim's injuries, especially if you have severe injuries from the accident. Working with an attorney can give you a better idea of how much compensation you really deserve for your injuries. An attorney can also help you decide whether to accept an insurance company's offer or continue to negotiate.
How much compensation can I expect from a drunk driving accident?
The compensation you receive for your injuries after a drunk driving accident will vary. First, you must prove that you sustained injuries due to the accident. The severity of those injuries will have a significant impact on the compensation that you can receive.
The compensation you receive will depend on who bears responsibility for your injuries, including whether you share responsibility for the accident and the extent of the insurance policy that covers the drunk driver. If a driver carries only minimal insurance, you may receive less compensation than you might following an accident with a driver with a comprehensive insurance policy.
Typically, victims of drunk driving accidents claim:
- Payment for all of their medical expenses, including expenses acquired throughout the recovery process
- Payment for hours missed at work due to the injury, including both time in recovery and time missed for appointments
- Compensation for pain and suffering after the accident, including emotional distress
- Compensation for lost earning potential when serious drunk driving injuries prevent them from returning to their previous professions
What Should I Do After Suffering Injuries in a Drunk Driving Accident in the Bronx?
If you've suffered injuries in a drunk driving accident in the Bronx, it's important to take specific steps to protect your well-being and your legal rights. Here's a general guide on what to do after such an incident:
- Seek Medical Attention: Your health is the top priority. Seek medical attention immediately, even if your injuries seem minor. Some injuries may not be immediately apparent, and prompt medical care is essential.
- Contact Law Enforcement: Report the accident to the police. Law enforcement will document the scene, gather evidence, and create an official report. This report can be valuable for your insurance claim and any potential legal action.
- Exchange Information: Exchange contact and insurance information with the other parties involved in the accident. Obtain names, phone numbers, addresses, and insurance details, as well as the driver's license number of the at-fault driver and any other drivers involved.
- Document the Scene: If possible, take photos or videos of the accident scene, including damage to vehicles, road conditions, and any relevant traffic signs or signals. This documentation can serve as evidence later.
- Identify Witnesses: If there are witnesses to the accident, collect their contact information. Witnesses may provide statements that support your version of events.
- Do Not Admit Fault: Avoid admitting fault or making statements that could be interpreted as an admission of guilt. Stick to the facts when discussing the accident with law enforcement, insurance representatives, or others.
- Report to Your Insurance Company: Notify your insurance company about the accident as soon as possible. Provide them with the necessary information, and cooperate fully during the claims process.
- Consult with an Attorney: Contact a personal injury attorney with experience in drunk driving accidents. They can help you understand your rights, navigate the legal process, and pursue compensation for your injuries.
- Keep Records: Maintain a record of all medical treatment, expenses, and any communication related to the accident. This documentation can strengthen your case during insurance negotiations or legal proceedings.
- Follow Medical Advice: Adhere to the recommended medical treatments and follow-up appointments. Your medical records will play a crucial role in establishing the extent of your injuries and the associated costs.
Remember that legal processes may vary, so consulting with an attorney familiar with New York laws and regulations, especially those specific to the Bronx, is essential. They can guide you through the steps needed to protect your rights and seek appropriate compensation for your injuries and losses.
Bronx Drunk Driving Accident FAQs
According to the Department of Motor Vehicles, persons under 21 constitute four percent of the driving population in New York State but seven percent of impaired drivers in fatal wrecks. Twenty percent of fatal highway wrecks involve drunk or drugged drivers.
If you or a loved one has suffered injuries in a drunk or drugged driving incident, you can seek compensation with the help of Ivan Diamond Bronx Personal Injury Attorney. Below are some of the most frequently asked questions we receive from drunk or drugged driving incident victims.
What is the legal blood alcohol content limit in the Bronx?
For non-commercial drivers, the legal blood alcohol content (BAC) limit is 0.08. For commercial drivers, the legal limit is 0.04 BAC. Notwithstanding these limits, a police officer may still consider a driver who falls below the legal BAC limit impaired if the driver shows other signs of intoxication. An officer may charge a driver with a BAC between 0.05 and 0.07 with “driving while ability impaired by alcohol.”
How can I find out if the Bronx driver who hit me was under the influence of alcohol or drugs?
The police report may tell you if the driver who caused the accident was under the influence of alcohol or drugs. So might a conviction or plea in criminal court.
What are compensatory damages in Bronx drunk driving accident claims?
Compensatory damages are payments made to compensate a victim for losses due to another’s negligent, reckless, or intentional conduct. Compensatory damages may not take away the pain and suffering you experienced in a drunk driving incident, but they may provide some relief from financial, physical, emotional, and other burdens.
You may recover economic damages and non-economic damages.
- Economic damages include past and future medical expenses, including expenses for physical, cognitive, and psychological therapy; past and future lost wages, including potential partial future lost wages; replacement or repair of personal property; and burial, funeral, and/or cremation expenses in the case of wrongful death.
- Non-economic damages include pain and suffering, including emotional distress; loss of consortium and/or companionship; loss of enjoyment of life; loss of use of a body part and/or bodily function; amputation; disfigurement; and inconvenience.
What are punitive damages in Bronx drunk driving accident cases?
You might recover punitive damages if a drunk or drugged driver engaged in intentional or grossly negligent conduct. A court might order a drunk driver defendant to pay punitive damages in a case where the plaintiff suffers catastrophic injuries or in a DUI wrongful death case. Courts award punitive damages to punish the wrongdoer based on the egregious nature of their misconduct.
The drunk driver in my Bronx drunk driving accident case faced criminal charges. Can I still sue?
Yes. Criminal prosecution of a drunk or drugged driver by the state does not preclude any civil suit. You may still be compensated by pursuing the driver and/or their insurance company.
How long do I have to file a drunk driving accident lawsuit in the Bronx?
In the Bronx, the statute of limitations for filing a drunk driving accident lawsuit is typically three years from the date of the accident. If you fail to file the lawsuit within this time frame, you may lose your right to pursue legal action for those specific injuries.
It's crucial to be aware of and adhere to the statute of limitations to protect your legal rights. However, there can be exceptions or nuances based on the circumstances of the case, so it's advisable to consult with a personal injury attorney promptly after the accident. An attorney can assess the specific details of your situation, guide you on the applicable deadlines, and help you take the necessary steps within the legal timeframe.
If you're considering legal action after a drunk driving accident in the Bronx, it's recommended to seek legal advice promptly to ensure that you meet all the necessary deadlines and requirements for filing a lawsuit.
Do I Need an Attorney to Represent Me in My Bronx Drunk Driving Accident Case?
Yes. An attorney with experience in DUI cases will know the many factors involved in seeking a fair settlement or taking a case to trial and will advise you accordingly.
One critical factor in DUI cases is insurance. If the drugged or drunk driver in your case carried insurance, their insurance provider will likely be the primary source of recovery. Insurance companies are like any other business trying to maximize their profits. To do so, they seek to minimize the amount they pay to victims of their insured and may even engage in deceptive practices to get you to agree to an unfairly low settlement.
Following a DUI incident, you might notify an insurance company of the accident, but the only information you should provide is your name, contact information, date, approximate time of the accident, and location of the accident. If you hire an attorney, you benefit from having them contact the insurance company on your behalf. If the insurance company contacts you with questions about the DUI incident, including the type of injuries you suffered, refer it to your Bronx drunk driving attorney.
If an insurance company refuses to make you a fair settlement offer, you might need to take your case to court. It is easier to go from settlement negotiations to litigation with an experienced Bronx DUI attorney from the beginning. Your attorney will have already gathered facts to leverage a favorable settlement, which you will need to file a lawsuit.
If you suffer severe or catastrophic injuries from a DUI incident that can lead to a long-term or permanent disability, make sure you recover compensation to sufficiently cover future medical expenses. An experienced Bronx DUI attorney can help estimate future medical costs and obtain a fair recovery.
Drunk and drugged driving accidents can cause serious injuries, permanent disabilities, or even death. With such high stakes, hire an experienced Bronx DUI attorney to represent you. If you or a loved one was the victim of a DUI incident, contact Ivan Diamond Bronx Personal Injury Attorney.
Contact a Bronx Drunk Driving Accident Attorney Today
At Ivan Diamond Bronx Personal Injury Attorney, we've helped many clients increase their compensation for serious injuries, including drunk driving accidents. While we cannot guarantee results in your case, we want to help you seek the compensation you deserve.
Contact us today at (718) 588-2000 for your free consultation.
Ivan Diamond Bronx Personal Injury Attorney
888 Grand Concourse Suite #1L, 10451
Phone: 718-588-2000
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