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Drunk Driving Accidents

Rochester Drunk Driving Accident Lawyer

Let Our Firm Help You File a Personal Injury Claim

Were you hit by a drunk driver? If so, you are likely dealing with several injuries and losses. Our Rochester drunk driving accident lawyer can help you fight for the full, fair recovery you are owed. Horn Wright, LLP has helped numerous clients successfully file car accident and personal injury claims. We can help you, too.

Contact us online or call (585) 245-0255 to schedule a free, confidential consultation today.

What is Considered Drunk Driving?

Drunk driving, also known as driving under the influence (DUI) or driving while intoxicated (DWI), refers to operating a vehicle while impaired by alcohol or drugs. In New York, the legal limit for blood alcohol concentration (BAC) is 0.08%. If a driver's BAC exceeds this limit, they can be charged with a DWI offense.

New York has strict penalties for drunk driving, and the consequences can include fines, license suspension, mandatory alcohol education programs, and even imprisonment. The severity of penalties may depend on factors such as the driver's BAC level, previous DWI convictions, and whether there were any injuries or fatalities involved.

Proving Liability in a Drunk Driving Accident in New York

Proving liability in a drunk driving accident in New York involves gathering evidence to demonstrate that the intoxicated driver was negligent and that their actions led to the accident. Here are steps and considerations that may help in proving liability:

  • Police Reports: Obtain the official police report filed at the scene of the accident. This report often includes details about the crash, statements from involved parties and witnesses, and the officer's observations. If the report indicates that the other driver was under the influence, it can be a crucial piece of evidence.
  • Witness Statements: Collect statements from any witnesses who observed the accident. Witnesses may provide valuable accounts of the events leading up to the crash, the behavior of the drivers involved, and any signs of impairment.
  • Field Sobriety Tests and Breathalyzer Results: If the drunk driver was subjected to field sobriety tests or a breathalyzer, these results can be significant evidence of impairment. Make sure to obtain records of these tests and their outcomes.
  • Medical Records: If there were injuries sustained in the accident, medical records can be used to establish a connection between the impaired driving and the injuries suffered. It's important to link the negligence of the drunk driver to the harm caused.
  • Surveillance Footage: If available, obtain any surveillance footage from nearby cameras that may have captured the accident. This can provide visual evidence of the events leading up to the crash and the behavior of the drivers involved.
  • Admissions or Statements by the Drunk Driver: Statements made by the intoxicated driver at the scene or afterward, admitting fault or acknowledging impairment, can be powerful evidence.
  • Expert Witnesses: Consider consulting with expert witnesses, such as accident reconstruction specialists or medical professionals, who can provide testimony supporting your case.
  • Driving Record and Prior Convictions: Check the driving record of the drunk driver for any history of traffic violations or previous DUI convictions. Prior offenses can be relevant in establishing a pattern of irresponsible behavior.
  • Legal Assistance: Consult with an attorney experienced in personal injury and drunk driving cases. They can guide you through the legal process, help gather evidence, and build a strong case.

Keep in mind that New York operates under a no-fault insurance system for car accidents. However, in cases of serious injuries or wrongful death, you may still be able to pursue a personal injury claim against the negligent party, including a drunk driver. You must consult with legal professionals to understand the specific circumstances of your case.

New York Dram Shop Laws

Dram shop laws in New York hold establishments that sell alcoholic beverages liable for injuries or damages caused by individuals who were served alcohol at their establishment. These laws are designed to address situations where an intoxicated person causes harm to themselves or others after consuming alcohol at a bar, restaurant, or other licensed establishment.

In New York, liability is generally limited to situations where the alcohol was sold or provided to a visibly intoxicated person or a minor under the age of 21. Establishments may be held liable if they continue to serve alcohol to someone who is visibly intoxicated, and that person subsequently causes injury or damage.

The term "visible intoxication" refers to a state where the person's demeanor or behavior indicates that they are significantly impaired by alcohol. Signs may include slurred speech, unsteady movement, or other observable behaviors associated with being drunk.

To establish liability, it must be shown that the sale of alcohol to the visibly intoxicated person was a proximate cause of the injury or damages. Dram shop liability may not apply in situations where the intoxicated person's actions were the sole cause of the harm, without any contribution from the establishment's service of alcohol.

How Our Firm Can Help You

At Horn Wright, LLP, we know that no two cases are alike. That’s why we offer personalized legal solutions tailored to your unique needs. You can rely on us to provide you with the compassionate, one-on-one legal guidance you deserve while aggressively advocating for your rights.

When you choose to work with our firm, you can expect:

  • Free initial consultations to discuss the details of your case and help you learn more about your legal options
  • Compassionate, personalized legal services from a team of experienced attorneys who truly care about your well-being
  • No legal fees unless/until we recover compensation for you, meaning you don’t pay unless we win

If you or someone you love has been injured in a drunk driving accident, you should not hesitate to speak to an attorney about filing a personal injury claim. Our team at Horn Wright, LLP can help you understand your legal options and fight for your right to a full recovery.

Contact us online or call (585) 245-0255 to request a free consultation with our drunk driving accident lawyer in Rochester. 

What Sets Us Apart From The Rest?

Horn Wright, LLP is here to help you get the results you need with a team you can trust.

  • Client-Focused Approach
    We’re a client-centered, results-oriented firm. When you work with us, you can have confidence we’ll put your best interests at the forefront of your case – it’s that simple.
  • Creative & Innovative Solutions

    No two cases are the same, and neither are their solutions. Our attorneys provide creative points of view to yield exemplary results.

  • Experienced Attorneys

    We have a team of trusted and respected attorneys to ensure your case is matched with the best attorney possible.

  • Driven By Justice

    The core of our legal practice is our commitment to obtaining justice for those who have been wronged and need a powerful voice.