Rochester Drunk Driving Accident Lawyer

We’ve Recovered Millions for Victims of Drunk Driving Accidents

If you’ve been injured by a drunk driver, you have rights. However, navigating the legal process and dealing with insurance companies can be challenging. 

At Horn Wright, LLP, our experienced Rochester drunk driving accident lawyers leverage decades of experience to help victims harmed by impaired motorists in the fight for compensation. From investigating the accident to negotiating with insurers, we provide comprehensive legal support to help you recover. 

Contact us online or call (855) 465-4622 to schedule a FREE consultation. We serve victims across Monroe County and Upstate New York.

Drunk Driving Statistics

Drunk driving remains a major public safety issue across the United States and New York is no exception. According to the National Highway Traffic Safety Administration (NHTSA), nearly 30 people die every day in alcohol-related crashes in the U.S., which accounts for roughly one-third of all traffic fatalities. In New York, the numbers are equally alarming. As data from the NY State Police and ITSMR show:

• Over 30% of fatal auto accidents in New York are alcohol related.
• In 2019, 409 people died in impaired crashes. This was 44% of all traffic deaths in the state that year. 
• Roughly 30% of impaired drivers in 2019 were in the 21-29 age group, and 27% were between 30 and 39.
• Of the drinking drivers in fatal crashes who were tested, drivers ages 50-59 had the highest average BAC (0.19%), whereas of the drivers ticketed and tested for alcohol-impaired driving, drivers ages 30 and above had the highest BAC (0.15%).

What Is Drunk Driving? 

In New York, driving under the influence (DUI) is defined as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the BAC limit is lower at 0.04%, and for drivers under 21, the legal limit is 0.02% due to the state’s zero-tolerance policy for underage drinking and driving.

New York imposes severe criminal penalties for drunk driving, which can include fines, license suspension or revocation, jail time, community service, and the installation of an ignition interlock device (IID). These penalties are meant to punish the offender and deter future incidents. 

However, criminal cases focus solely on determining the defendant’s guilt and enforcing penalties. They do not provide compensation to victims who were harmed by the drunk driver. 

As such, victims of drunk driving accidents will need to seek compensation for their damages through a personal injury lawsuit, which is handled in a civil court. To pursue a successful claim, they’ll also need to prove certain elements that establish the drunk driver’s negligence and their own right to compensation.

When Do Victims Have an Injury Claim?

Victims of a drunk driving accident may have grounds for a personal injury claim if:

1. The other driver was intoxicated: You must demonstrate that the at-fault driver was legally intoxicated at the time of the accident. This typically involves proving that their blood alcohol concentration (BAC) exceeded the legal limit (0.08% for adults in New York). However, even drivers with a lower BAC can be considered impaired and held liable if there’s other evidence of intoxication.
2. The intoxication caused the accident: It’s not enough to show that the other driver was intoxicated—you’ll also need to prove that their impaired state was the direct cause of the accident. For instance, the driver may have been speeding, drifting out of their lane, or running a red light due to their intoxication, all of which contributed to the collision.
3. You suffered damages: To bring a valid personal injury claim, you must have suffered tangible damages, such as physical injuries, financial losses, or emotional harm, because of the accident. These damages can include medical bills, lost wages, and other losses related to the accident.

What Victims Need to Prove

To establish liability in a drunk driving accident claim, victims must provide clear evidence that demonstrates:

• Duty of Care: Drivers are legally required to operate their vehicles in a safe and responsible manner, which includes obeying traffic laws and avoiding driving while impaired. This is known as the "duty of care."
• Breach of Duty: The intoxicated driver breached their duty of care by choosing to drive under the influence of alcohol or drugs, which put others on the road in danger.
• Causation: The victim must prove that the drunk driver’s breach of duty directly caused the accident and the resulting injuries. This may require showing that the driver’s intoxication led to reckless or negligent behavior that caused the crash.
• Damages: Finally, victims must prove that they suffered real harm because of the accident, whether through physical injuries, emotional distress, or financial losses.

Evidence such as police reports, BAC test results, eyewitness testimony, and medical records will play a critical role in proving these elements. At Horn Wright, LLP, our experienced team will gather and present this evidence to build a strong case on your behalf.

What To Do After a Drunk Driving Accident

If you’ve been involved in a drunk driving accident, taking the right steps immediately after the crash can protect your health and your legal rights:

1. Call 911: Contact law enforcement and request medical assistance. The police will document the accident, and their report may include evidence of the other driver’s intoxication, such as failed sobriety tests or a BAC reading.
2. Seek medical attention: Even if you don’t think your injuries are serious, it’s important to get checked out by a healthcare professional. Some injuries, like concussions or internal damage, may not show symptoms right away.
3. Document the scene: If you’re able, take photos or videos of the accident scene, vehicle damage, and any visible injuries. Collect the contact information of witnesses.
4. Do not speak with the other driver’s insurance: The drunk driver’s insurer may attempt to minimize your claim. It’s best to consult with an attorney before providing any statements.
5. Contact an attorney: Drunk driving accident cases can be complex, particularly when it comes to gathering evidence and dealing with insurers. An experienced lawyer can guide you through the process and ensure your rights are protected.

Statute of Limitations for Drunk Driving Accidents in NY

In New York, the statute of limitations for filing a personal injury lawsuit after a drunk driving accident is generally three years from the date of the accident. If the accident resulted in wrongful death, the statute of limitations is two years from the date of death. This means that you must take legal action within these time limits, or you may forfeit your right to pursue compensation.

It’s critical to consult with an attorney as soon as possible after an accident. Evidence such as witness testimony and police reports can become harder to gather over time, and acting quickly ensures that your case is built on solid evidence.

Who Can Be Held Liable for Drunk Driving Accidents?

In a drunk driving accident, the intoxicated driver is usually the primary party held liable for the injuries and damages caused. However, under New York law, other parties may also be held responsible:

• Dram Shop Liability: Under New York’s Dram Shop laws, establishments that serve alcohol can be held liable if they served alcohol to a visibly intoxicated person or to a minor who later causes an accident. This can apply to bars, restaurants, and even private events.
• Social Host Liability: In some cases, individuals who host a party and serve alcohol to minors or intoxicated guests may be held responsible for accidents caused by those guests.
• Employer Liability: If a drunk driver was operating a company vehicle or was performing job-related duties at the time of the accident, their employer could also be held liable. 

Our attorneys will thoroughly investigate your case to identify all potentially liable parties and pursue the maximum compensation available.

What If the Driver Is Underage?

Under New York’s zero tolerance laws, drivers under 21 face stricter regulations when it comes to alcohol consumption. It is illegal for an underage driver to operate a vehicle with a BAC of 0.02% or higher. While criminal penalties apply, underage drivers who cause an accident while intoxicated can also be held civilly liable for the harm they cause, just as any other drunk driver would. This means that if you’ve been injured by an intoxicated underage driver, you have the right to pursue a personal injury claim against them.

Additionally, because of New York’s Dram Shop and Social Host laws, other parties may also be held liable if they contributed to the underage driver’s intoxication. For example:

• Dram Shop Liability: Bars, restaurants, or liquor stores that serve alcohol to a minor can be held liable if the minor later causes a drunk driving accident. These establishments have a legal responsibility to avoid serving alcohol to underage individuals, and failing to do so can result in significant liability.
• Social Host Liability: Individuals who serve alcohol to minors in a private setting, such as at a house party, may also be liable under New York’s Social Host laws. If the social host provided alcohol to the underage driver and that driver later caused an accident, the host may be held responsible for contributing to the accident.

At Horn Wright, LLP, we work to identify all possible avenues of compensation for victims of drunk driving accidents, including claims against underage drivers and any third parties that may be liable. Our team will investigate all aspects of your case and ensure that all responsible parties are held accountable.

Types of Damages You Can Recover

Victims of drunk driving accidents may be entitled to compensation for a variety of economic and non-economic damages, including:

• Medical expenses: Covers past and future medical bills, including surgeries, rehabilitation, and long-term care.
• Lost wages: Compensation for the income you lost while recovering from your injuries, as well as any reduced earning capacity if you are unable to return to your job.
• Pain and suffering: Non-economic damages for the physical pain and emotional distress caused by the accident.
• Loss of enjoyment of life: For injuries that have diminished your ability to enjoy day-to-day activities or hobbies.
• Punitive damages: In some cases, punitive damages may be awarded to punish the drunk driver for their reckless behavior and to deter others from driving under the influence.

Process for Filing a Drunk Driving Accident Claim

Filing a drunk driving accident claim in New York typically follows these steps:

1. Report the accident: Notify law enforcement and ensure a police report is filed, especially if the other driver was intoxicated.
2. Seek medical care: Obtain immediate medical treatment, both for your health and to document your injuries for your claim.
3. Consult with an attorney: An experienced drunk driving accident lawyer will assess your case, gather evidence, and identify all liable parties.
4. Gather evidence: This can include police reports, witness statements, medical records, and any proof of the driver’s intoxication.
5. File an insurance claim: Your attorney will negotiate with the drunk driver’s insurance company to seek a fair settlement.
6. File a lawsuit: If a fair settlement cannot be reached, your attorney can file a lawsuit and represent you in court.

Call For a FREE Consultation: (855) 465-4622

If you’ve been injured in a drunk driving accident, you don’t have to face the legal process alone. The experienced attorneys at Horn Wright, LLP can help you navigate the complexities of your case and fight for the compensation you deserve. We’ve recovered millions of dollars in compensation for car accident victims and work on contingency, which means there’s no cost to you unless we recover compensation. 

Request a FREE review of your case by calling (855) 465-4622. Our Rochester drunk driving accident lawyers are available 24/7.