If a drunk driver’s decision to get behind the wheel left you with serious injuries, you can hold them accountable for your losses. A New York City drunk driving accident lawyer can help you pursue accountability and financial recovery.
Hach & Rose helps New Yorkers secure the compensation they need for their medical treatment and lost income. Let our team handle every aspect of your claim, from the initial investigation to final negotiations. Contact us online or at (212) 779-0057 to discuss your case for free.
Contact Hach & Rose Today for a Free Consultation
Table of contents
- Why Choose Hach & Rose for Your NYC Drunk Driving Accident Claim
- Holding All Responsible Parties Accountable
- The Scope of Your DWI Accident Claim
- What Evidence Strengthens a DWI Accident Claim?
- Common Insurance Company Strategies and How We Counter Them
- FAQ for New York City Drunk Driving Accident Lawyer
- Take Action Today
Why Choose Hach & Rose for Your NYC Drunk Driving Accident Claim
When you seek legal representation after a DWI crash, you want a firm with a deep connection to the city and a record of success. The attorneys at Hach & Rose have the experience, resources, and local knowledge to build a compelling drunk driving accident case for you.
We Know New York City
Our lawyers handle cases across all five boroughs. We frequently represent clients injured on major routes like the Brooklyn-Queens Expressway, FDR Drive, and Broadway. Our firm’s familiarity with local court systems gives your case a distinct advantage.
We prepare every case with a deep knowledge of NYC’s traffic patterns and hazards. From collisions near crowded areas like Times Square to incidents in quieter neighborhoods like Greenwich Village or Park Slope, we investigate every detail.
Our Record of Success
Hach & Rose has a history of securing substantial outcomes for injury victims. We have obtained verdicts and settlements totaling over a billion dollars for our clients. While past results do not guarantee future outcomes, they demonstrate our capability and preparedness.
Direct and Consistent Communication
Our firm provides you with regular updates and clear information about your case’s progress. You’ll always have access to your NYC drunk driving accident lawyer. We’ll answer your questions promptly so you always know the status of your claim. Contact Hach & Rose to work with a dedicated legal team at (212) 779-0057.
Holding All Responsible Parties Accountable
A drunk driver’s negligence is often clear, but other parties may also bear responsibility for the accident. A thorough investigation can identify all sources of liability. Identifying these additional parties can increase the resources available for your financial recovery.
For example, New York’s Dram Shop Act may allow you to pursue a claim against a bar, restaurant, or vendor. The law holds these establishments accountable if they illegally served alcohol to the driver who caused your injuries. Our experienced New York City drunk driving accident lawyers know how to investigate these complex claims.
Identifying At-Fault Parties
We know how to conduct a comprehensive investigation to determine everyone who contributed to the collision. Our legal team uses various methods to gather evidence and establish fault. This work is critical to the strength of your case.
We work to build a case that identifies every responsible person or entity, which may include:
- The Intoxicated Driver: The individual who chose to drive under the influence of alcohol.
- The Driver’s Employer: If the driver was working at the time of the crash, their employer may share liability.
- The Vendor Who Served Alcohol: A bar, store, or restaurant that unlawfully sold alcohol to the driver can be held accountable.
- The Vehicle’s Owner: A person who negligently allows an intoxicated individual to use their car may also face a claim.
The Scope of Your DWI Accident Claim
After an accident with an intoxicated driver, you face numerous challenges. Your injuries may require extensive medical treatment, and your inability to work creates financial strain. A successful personal injury claim provides the resources to address these burdens.
Your New York DWI attorney documents all the ways the accident has affected your life. We collect medical records, employment information, and other documents to build a complete picture of your damages. This detailed accounting strengthens your demand for fair compensation.
A knowledgeable New York City drunk driving accident lawyer can accurately assess the full value of your claim.
Economic Damages
Economic damages are the specific, calculable financial losses you sustain because of the crash. Your lawyer gathers bills, receipts, and income statements to prove these costs. A strong claim includes documentation for all of them.
Here are some of the economic damages we pursue:
- Medical Expenses: This includes payment for ambulance rides, hospital stays, surgeries, medications, and physical therapy.
- Lost Wages: This covers the income you lost while unable to work during your recovery period.
- Future Lost Earnings: If your injuries prevent you from returning to your previous job, you can claim compensation for diminished earning capacity.
- Property Damage: This addresses the cost to repair or replace your vehicle and any other personal property destroyed in the collision.
Non-Economic Damages
You may be eligible for non-economic damages, which address the intangible, personal losses you experience. While they don’t come with a bill, their impact on your life is still significant. Your legal team works to show the full extent of these personal losses.
Examples of non-economic damages include:
- Pain and Suffering: This accounts for the physical pain and emotional distress caused by your injuries.
- Loss of Enjoyment of Life: You can seek recovery if your injuries stop you from participating in activities you once valued.
- Disfigurement: This covers compensation for scarring or other permanent changes to your appearance.
- Emotional Anguish: This addresses the psychological impact of the trauma from the collision.
What Evidence Strengthens a DWI Accident Claim?
A successful personal injury claim depends on strong evidence. Your NYC drunk driving accident attorney’s first job is to collect and preserve all information related to the accident and your injuries. Swift action by an experienced personal injury lawyer is necessary to secure critical evidence before it disappears.
The at-fault driver’s DWI charge is a powerful piece of evidence, but it doesn’t automatically win your civil case. We build a separate claim that demonstrates the driver’s negligence caused your specific injuries and losses.
This process requires a detailed and independent investigation into the collision. Let one of our experienced New York City drunk driving accident lawyers manage this for you.
Key Areas Your Lawyer Investigates After an Accident
A thorough investigation gathers proof from many sources. An attorney uses this information to build a compelling narrative about how the collision happened and why the other driver is responsible. A detail-oriented approach makes a difference.
Key evidence in these cases often involves:
- Police Accident Reports: This report contains the responding officer’s initial findings, diagrams, and witness information.
- Criminal Case Records: The outcome of the driver’s DWI case, including a conviction or guilty plea, can serve as strong evidence of negligence.
- Eyewitness Testimony: Statements from people who saw the accident can provide an independent account of the driver’s dangerous behavior.
- Video Footage: Cameras at traffic lights, nearby businesses, or dashcams can offer undeniable proof of what happened.
Proving Your Damages
Demonstrating the full extent of your losses is just as important as proving fault. Your legal team compiles extensive documentation to show the financial and personal impact of your injuries. This evidence forms the basis of our negotiations with the insurance company.
Documentation we may use to prove damages includes:
- Medical Records: These documents from doctors and hospitals detail the nature and severity of your injuries.
- Expert Medical Opinions: We may consult with medical specialists who can provide opinions on your long-term prognosis and future care needs.
- Proof of Lost Income: Pay stubs, W-2s, and letters from your employer show the wages you have lost.
- Personal Journals: A written record of your daily pain levels and limitations can provide powerful testimony about your suffering.
Common Insurance Company Strategies and How We Counter Them
After an accident, you’ll likely deal with the at-fault driver’s insurance company. The insurer’s primary goal is to protect its profits, not to give you a fair personal injury settlement. The insurance adjuster may try to minimize the value of your claim or deny it completely.
Having a New York City drunk driving accident lawyer handle all communication with the insurance company protects you and your claim. Your attorney understands the tactics adjusters use and can counter them effectively. We manage these negotiations so you can focus on getting better.
Your lawyer protects you from common insurance company tactics, such as:
- Requesting a Recorded Statement: Adjusters use recorded statements to ask leading questions and get you to say something that undermines your claim. Your attorney declines these requests and manages all communication on your behalf.
- Seeking Broad Medical Authorizations: The insurer may ask you to sign a form giving them access to your entire medical history, which they use to look for pre-existing conditions to blame for your pain. We’ll give them only the records directly relevant to your injuries.
- Offering a Quick Settlement: Adjusters may present a fast, low settlement offer before you know the full extent of your injuries. Your attorney calculates the true long-term value of your claim and negotiates for a complete financial recovery.
- Shifting Blame: The insurance company may argue that you were partially responsible for the crash to reduce their payout. Your lawyer uses the police report, witness statements, and the driver’s DWI charge to prove the other party’s fault.
- Using Delay Tactics: An insurer might drag out the process, hoping financial pressure forces you to accept a low offer out of desperation. We can file a personal injury lawsuit to pressure the insurer to negotiate in good faith.
- Misrepresenting Insurance Coverage: The adjuster may imply that the available insurance is limited to encourage you to accept a small amount; your attorney independently investigates and confirms all available insurance policies and coverage limits.
FAQ for New York City Drunk Driving Accident Lawyer
How Long Do I Have To File a Lawsuit in New York?
In New York, you usually have three years from the date of your accident to file a personal injury lawsuit. This deadline is known as the statute of limitations. If you miss this deadline, the court will likely dismiss your case, and you’ll lose your right to seek compensation.
What if the Drunk Driver Was Uninsured or Underinsured?
If the at-fault driver has no insurance or not enough to cover your damages, you may be able to file a claim with your own insurance policy. Uninsured/Underinsured Motorist (UM/UIM) coverage is a part of many New York auto insurance policies. A lawyer can review your policy and help you file a claim.
Why Do I Need a New York City Drunk Driving Accident Lawyer?
You need a lawyer to protect your rights and to manage the complex legal and insurance processes. Your attorney investigates the collision, gathers critical evidence, and calculates the complete value of your claim, including future medical needs and lost income.
They can identify all potentially liable parties, such as a bar that over-served the driver, to increase the resources available for your recovery.
Your New York DWI accident attorney also handles all negotiations with the insurance company, shielding you from adjusters who work to devalue your claim.
Does the Driver’s Criminal DWI Case Affect My Civil Claim?
Yes, the criminal case can significantly impact your civil claim. A guilty plea or conviction in the DWI case serves as strong evidence of the driver’s negligence in your personal injury lawsuit. Your attorney will monitor the criminal proceedings and use the outcome to your advantage.
Does the Driver’s Intoxication Automatically Mean They’re at Fault?
The driver’s intoxication is compelling evidence of negligence, but it doesn’t automatically establish full liability for the accident. You still need to demonstrate that the driver’s drunk driving directly caused the crash and your resulting injuries.
The insurance company might still argue that you were partially responsible to reduce the value of your claim. Your lawyer will use other forms of evidence to show the driver’s negligence and defend you from unfair allocations of blame.
What is the legal BAC limit for drivers in New York, and what is the difference between DWI and DWAI?
New York Vehicle and Traffic Law defines the legal limit for most drivers as a blood alcohol concentration (BAC) of 0.08%. Driving While Intoxicated (DWI) involves operating a vehicle with a BAC of 0.08% or higher, or operating a vehicle while impaired by drugs.
A separate, lesser offense is Driving While Ability Impaired (DWAI) by alcohol, which involves driving with a BAC between 0.05% and 0.07%.
The criminal charge helps prove negligence in a civil claim, regardless of whether the conviction is for DWI or DWAI.
How does New York’s comparative negligence law affect my ability to recover compensation?
New York follows a rule of pure comparative negligence, which means you can still recover compensation even if you share some fault for the accident. The court reduces your total compensation amount by your percentage of fault. Your lawyer uses strong evidence to minimize any allocation of blame against you.
Does the driver’s chemical test result (BAC) automatically prove my civil case?
The driver’s BAC is extremely powerful evidence in your civil case, but it does not automatically guarantee a win. New York law requires your attorney to prove two things: First, that the driver was negligent (which their BAC helps establish), and second, that their negligence directly caused your specific injuries and resulting financial and personal losses.
Your attorney collects the BAC test results and other criminal case records, then uses them as compelling proof while building a separate, independent case that documents the full extent of your damages.
Take Action Today
Your future depends on the steps you take right now. Holding a drunk driver accountable provides a sense of justice and the financial resources you need to rebuild your life. Let a proven legal team fight for you.The law firm of Hach & Rose stands ready to help you. We handle complex cases with determination and a commitment to our clients. Contact a New York City Drunk Driving Accident Lawyer from our team to begin your journey toward recovery by calling (212) 779-0057.