A New Rochelle drunk driving accident lawyer from Morelli Law Firm may be able to help you hold the intoxicated motorist who caused your collision injuries accountable. Under some circumstances, New York drivers injured in car accidents can pursue fault-based claims for compensation. This may allow them to recover additional damages beyond those provided for under their no-fault coverage.
To learn more about your legal options for compensation after your crash, call Morelli Law Firm at (212) 751-9800 for a free case evaluation.
Driving Drunk Dramatically Increases the Risk of an Accident
Drunk drivers put themselves and others at risk when they choose to get behind the wheel. For this reason, New York State has penalties in place for drivers who are convicted of this type of offense. According to the New York State Department of Motor Vehicles (DMV), driving while intoxicated on alcohol or drugs can lead to the loss of driving privileges, fines, and even time behind bars.
When an intoxicated driver causes an accident, these penalties may be enhanced. Drunk drivers may also face additional charges when injuries occur. This could include vehicular assault or aggravated vehicular assault. If a passenger or someone in another car dies in a drunk driving accident, the intoxicated driver could be charged with vehicular manslaughter or vehicular homicide.
Drinking or using drugs can affect a person’s ability to drive in many ways. This includes slowing their reaction time, vision disturbances, poor coordination, loss of decision-making ability and reasoning skills, and much more.
If you sustained serious injuries as a result of a collision with a drunk driver, you might have the right to hold that negligent motorist accountable. This may be true even if the criminal charges against them are dropped or if they never face criminal charges.
Contact Morelli Law Firm today to learn more. A member of our car accident team can assess your case for free and help you determine your options for moving forward. Call (212) 751-9800 to get started.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Morelli Law Firm Can Help File Your Claims
New York State laws require most accident victims to rely on their no-fault Personal Injury Protection (PIP) coverage to pay for their medical care and some of their time out of work following an accident. However, those who meet the exceptions outlined in New York Insurance Law (ISC) §5102(d) can seek pain and suffering and other fault-based damages as well. Morelli Law Firm can make a preliminary determination about your case during a case evaluation.
If we can file a fault-based claim, we will need to prove fault and liability and document your related expenses. This may require us to work with accident reconstruction experts, medical experts, and others to determine what happened, why, the role each party played, and your current and future damages.
Our team knows how to navigate this process and build a strong foundation for your claim, including putting a value on your non-economic damages such as pain and suffering. We will use the evidence we collect and file your claim with the drunk driver’s liability insurance provider, demanding justice in the form of fair compensation.
If the insurer refuses a fair settlement, we generally have up to three years from the accident to file a civil lawsuit based on New York Civil Practice Law & Rules (CVP) §214. Missing this deadline could mean losing the right to take your case to trial, so it is imperative that we begin your lawsuit on time.
Building a Case for Damages After a New Rochelle Drunk Driving Accident
A New Rochelle drunk driving accident lawyer from Morelli Law Firm can help you identify your damages and seek compensation based on them.
All accident victims can file for no-fault benefits following a collision, as long as you have the mandated coverage. Your PIP coverage will provide for your medical bills (up to the policy limits) and about 80% of your lost income (up to $2,000 each month). It is important to note, however, that PIP policies typically only provide coverage for basic losses.
To recover additional lost wages, benefits, out-of-pocket costs, or medical care expenses above the PIP policy limits, you will need to pursue a fault-based claim. A claim based on the drunk driver’s liability policy is also the only way to recover compensation for your intangible losses such as pain and suffering.
Morelli Law Firm can also file a fault-based claim when an accident victim passes away from their injuries. This is known as a wrongful death case. We represent surviving members of the victim’s immediate family and seek damages based on their losses. Please accept our condolences if you have lost your loved one in a drunk driving accident.
Discuss Your New Rochelle Crash with a Morelli Law Firm Team Member Today
Driving drunk is a reckless thing to do, and drivers who participate in this behavior and cause accidents should be held accountable. If you qualify, a New Rochelle drunk driving accident lawyer from Morelli Law Firm can help you do this by filing a liability auto insurance claim on your behalf based on the drunk driver’s policy. We can also name the driver as the defendant in a civil suit and take them to trial if needed.
You can learn more about taking civil action against the drunk driver who hit you and caused your injuries during a complimentary accident evaluation. Call Morelli Law Firm today at (212) 751-9800. We handle these cases on a contingency-fee-basis.