If you or your loved ones suffered injuries because of a drunk driving accident in the Buffalo area, contact our Buffalo drunk driving accident lawyer for expert legal assistance. At Morelli Law Firm, we can help you recover compensation for your losses and injuries.
You do not have to bear the medical burden resulting from the actions of a drunk driver. Our law firm can help you assess your losses and determine the types of compensation you can recover. We can help investigate the accident, identify the at-fault parties, and help demonstrate the severity of your injuries.
Contact us at (212) 751-9800 if you have any questions regarding filing a claim.
What You Should Know About Drunk Driving Accidents
Drunk drivers have a reduced ability to process information. Such drivers are highly likely to make an unreasonable judgment. Alcohol also impairs motor skills, making an individual unable to drive safely.
In the state of New York, a driver is violating DWI laws when their blood alcohol content (BAC) reaches 0.08. However, as the person on the receiving end of a drunk driving accident, you should be aware of a few factors, such as:
- Some drivers, such as those driving commercial vehicles and holding a commercial driver’s license (CDL), are subject to lower BAC limits.
- Some individuals have a relatively lower tolerance to alcohol, for example, young drivers. Such drivers are more vulnerable to the effects of alcohol.
- Some drugs produce effects similar to alcohol. Such drugs include illicit substances and even over-the-counter or prescription drugs.
- Any behavior that slows a motorist’s ability to reason, focus, and control muscle movement demonstrates intoxication of a substance like alcohol.
A drunk driver’s actions can leave you with severe injuries after an accident, such as traumatic brain injuries, spinal cord damage, broken bones, and even paralysis. To make the matter worse, you could lose your loved one. You may be able to make the liable driver pay compensation for such a loss.
Contact a lawyer for help navigating the legal requirements of establishing negligence in a drunk driving accident.
How a Buffalo Drunk Driving Accident Lawyer Can Help
If the other motorist was drunk at the time of the accident, this is a powerful piece of evidence demonstrating the other driver’s fault. It means you have grounds for claiming monetary compensation if the accident left you with injuries. However, recovering compensation for your losses in a drunk driving accident may be complicated.
For example, the at-fault driver’s insurance plan may not sufficiently cover all your losses. You may also be dealing with an uninsured driver. A lawyer will help you identify alternative ways of pursuing compensation, including taking the matter to court.
Other than showing that the driver was drunk, you need to prove to the judge that you suffered injuries due to the accident. Also, you might need to show that the at-fault driver caused the crash. A lawyer will be able to analyze and demonstrate evidence to show that the other driver was at fault.
The insurance company may work to reduce your settlement value through a number of means. They may try to claim that:
- You were equally at fault for your losses.
- Your injuries are cosmetic or existed even before the accident.
- There should be a reduction in the settlement amount under New York contributory negligence guidelines.
At Morelli Law Firm, our Buffalo drunk driving accident lawyer can represent your interest during negotiations with insurance companies. Our lawyers can also identify all other parties involved in the accident, especially if the drunken motorist was underinsured or uninsured.
Call (212) 751-9800 today to schedule a consultation with our lawyer.
Buffalo Drunk Driving Accident Lawyer Near Me 877-751-9800
New York’s Dram Shop Law
As a victim of a car accident caused by a drunk driver, you may wonder whether you can hold a bar or any other alcohol selling business liable if their bartender over-served the motorist. If the drunk driver’s car insurance coverage is insufficient to cover your losses, holding an alcohol vendor legally responsible may seem like an alternative for obtaining sufficient compensation.
However, the laws are limited regarding negligence suits against businesses that sell alcohol. These laws are known as dram shop laws. According to New York General Obligations (GOB) §11-100, you can only hold the business liable if they sold alcohol to someone they knew was under 21. You may also be able to sue a business that knowingly sold alcohol to someone who was visibly intoxicated. Our lawyers can conduct an investigation to establish dram shop liability.
Eyewitness evidence can be vital in proving the institution’s staff served a visibly drunk driver. CCTV footage or smartphone video recordings can also be valuable in bringing a claim against a restaurant or a bar.
Statutes of Limitations in New York
Each state has a timeline within which victims of accidents should pursue justice. According to New York Civil Practice Law & Rules (CVP) §214, you should file an injury claim within three years from the car accident date.
The court may not allow you to file your claim after the deadline. Therefore, you should contact a lawyer immediately to avoid jeopardizing your right to compensation.
An attorney can help you put your evidence in order before witnesses forget the accident’s details.
Contact Morelli Law Firm for a Reliable Legal Team
Suppose a drunk driver caused you to suffer injuries. In that case, we can help you recover different kinds of losses, such as medical bills, lost income, ambulance expenses, wrongful death claims, loss of consortium, pain, and suffering.
Contact our Buffalo drunk driving accident lawyer to get started today. Call Morelli Law Firm at (212) 751-9800 to speak to our injury lawyer about your case.