Each year in New York State, tens of thousands of DUI arrests are made by police, making drunk driving an epidemic across the state. According to the New York State Department of Motor Vehicles Accident Information System, in 2024 alone, 32 percent of all traffic fatalities in the state were alcohol-related, with over 200 fatalities.
Despite New York’s stringent drunk driving laws, these accidents continue to happen, leaving victims with extensive medical bills, chronic health issues, an inability to work, and more. Negligent drivers must be held accountable for their actions, and Buttafuoco & Associates helps victims recover damages after a New York drunk driving accident so you can get back on your feet. Get in touch at 1-800-NOW-HURT to determine whether you have a claim.
New York Drunk Driving Laws
In the state of New York, Vehicle and Traffic law §1192 makes it illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of .08 or higher. Many people are familiar with this figure, but it is important for victims to know that depending on the type of vehicle and the situation, other legal limits may apply to their case. These include:
- Drivers under 21 may not drive with a BAC of .02 or higher.
- Commercial drivers may not drive with a BAC of .04 or higher.
- Driving while impaired by a single drug (DWAI/Drug) is illegal.
- Driving under the influence of combined drugs and alcohol (DWAI/Combination) is illegal.
- Aggravated driving while intoxicated, or driving with a BAC of .18 or higher, is illegal and carries more severe penalties.
- Driving while impaired by alcohol (DWAI/Alcohol) is punishable if the driver’s BAC is more than .05 but less than .07 and they are considered impaired by law enforcement
As you can see, even in scenarios where a driver’s blood alcohol concentration is below .08, if you are injured in a New York drunk driving accident due to their negligence, you may still have a case. This is because criminal and civil cases are held to different standards in court. For a DWI charge, the driver must be proven guilty beyond a reasonable doubt, but in a civil case against the driver, a lower standard of proof is required. In other words, even if the driver who caused your accident was not convicted of a DWI, if you can prove that the defendant acted recklessly and that this resulted in your injuries, you can win a civil case.
An attorney at Buttafuoco & Associates can help you understand your rights and discuss the best strategy for demanding justice during a free consultation.
Filing a Drunk Driver Lawsuit
If you can show the court that your serious injuries in a drunk driving accident in New York were caused by another driver’s negligence, you can be compensated for damages. The key word here is “serious,” and New York law has a very specific definition of what a serious injury entails. Under New York Insurance Law §5102(d), a serious injury is a personal injury which results in:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent inability to use a body organ, member, function, or system
- Permanent limitation of use of a body organ or member
- Significant limitation of use of a body function or system
Injuries of a non-permanent nature that impair a person’s ability to perform normal daily activities for at least 90 days during the 180 days immediately following the date of injury also qualify as serious under New York law.
If your injuries are not considered serious under New York law, you can instead be compensated through your Personal Injury Protection (PIP) insurance. Because New York is a “no-fault” insurance state, your own car insurance will be utilized to cover your medical and accident-related expenses. This is true even if another driver’s negligence caused your injuries. If your accident expenses exceed your PIP amount, you can file a lawsuit against the negligent driver.
How to Prove Negligence in a New York Drunk Driving Accident?
Any person driving while impaired by drugs or alcohol can be considered negligent, meaning that they acted carelessly. If you were seriously injured in such an accident, you may file a lawsuit against the driver. However, it’s important to note that just because a driver acts negligently by breaking a law, you and your attorney must also show that it was their intoxication that caused the accident. Evidence that may help you prove this includes:
- Police report
- Eyewitness testimony
- Accident reconstruction
- Photographs from the scene
Buttafuoco & Associates will help you gather evidence and expert witnesses and file your no-fault claim or your lawsuit against the negligent driver.
What are Dram Shop Laws?
What is known as New York’s Dram Shop Law is another form of recourse for victims in New York drunk driving accidents. Under this law, bars, restaurants, liquor stores, or other establishments can be held liable if:
- They serve a person under 21 years old or a person who is intoxicated
- That person drives drunk
- That person causes a wreck that results in injuries
In other words, in addition to suing the driver that caused their injury, a victim can also sue the supplier of alcohol. This also applies to any party that supplies alcohol to a minor who later causes a drunk driving accident.
Seeking Damages in a Drunk Driving Accident
The damages in an accident caused by a drunk or intoxicated driver follow the same no-fault laws as a normal traffic accident. You will still collect up to the limits of your PIP coverage. If your damages exceed PIP coverage or you suffered “serious injuries,” you may be able to seek non-economic (pain and suffering) damages in addition to medical costs and lost wages.
A New York car accident lawyer from Buttafuoco & Associates can help you file your claim(s) and prove liability for your damages. We believe in holding negligent drivers accountable, and will fight for justice for you and your loved ones.
Call 1-800-NOW-HURT for a free case review today.