Long Island Drunk Driving (DUI) Accident Lawyers

It’s a well-known fact that consuming alcohol impairs critical driving skills like judgment, perception, and reaction time. However, despite everything we know about the dangers, Long Island still regularly leads New York state in DUI-related injuries, accidents, and fatalities. Even as statewide trends shift downwards, Suffolk County still reports some of the highest rates of alcohol-related fatalities. In the past decade, drunk driving has killed close to 800 people on Long Island, according to Newsday.

If you were hurt by a drunk driver on Long Island, reach out to The Odierno Law Firm today. Our office represents accident victims, helping you and your family recover just compensation. The Odierno Law Firm fights for the injured, ensuring that your claim includes the full amount of harm done by a drunk driver, and not just your initial damages.

How a Long Island Drunk Driving Accident Lawyer Can Help You

Under New York state laws, when a person with a blood alcohol concentration of 0.08% or higher operates a motor vehicle, they have committed a criminal act. While the state may file criminal charges against the drunk driver, a DUI/DWI victim can also file a personal injury lawsuit against them to recover compensation for their losses. A Long Island drunk driving accident lawyer can help you:

• Assemble and review the evidence, including police reports, past DUI charges, and your medical records
• Handle communications with the insurance company and other parties.
• Advocate for you to receive the highest possible amount, and inform you when an offer is too low.
• Develop a legal strategy and ensure your case meets all filing requirements in the appropriate jurisdiction(s).
• Take your case to court in the event that a fair settlement cannot be reached and aggressively pursue damages.

Since 1978, The Odierno Law Firm has recovered over $200 million for clients in personal injury cases, including those injured in drunk driving accidents. Our team is experienced in handling every step of a DUI case, from gathering evidence and dealing with insurance companies to securing fair compensation for medical bills, lost wages, and other damages. We focus on protecting your interests and maximizing your recovery so you can move forward with confidence.

Understanding Liability in DUI Accidents

All drivers on the road have a duty to operate a vehicle with care. If this duty of care is breached, then the other driver can be held liable for the harm that they have caused. Some examples of actions that might induce liability include:

• Speeding or racing
• Following too closely
• Reckless driving behaviors like swerving or illegal passing
• Texting or talking on the phone
• Running red lights or ignoring stop signs
• Failure to maintain vehicle, like driving at night without lights
• Drinking or using restricted drugs before operating a motor vehicle

An intoxicated driver is almost always considered at fault when they are involved in an accident. However, a victim may also be able to hold third parties responsible if their actions contributed to the DUI/DWI. For example, in New York, third parties who served alcohol to the intoxicated driver may also be held liable under the state’s Dram Shop law. This applies to bars, restaurants, and other establishments that continue serving someone who is visibly intoxicated or underage. If that over‑service substantially contributed to the crash, a victim may be able to pursue damages from the vendor in addition to the driver.

How Does Compensation Work After Being Hit By a Drunk Driver on Long Island?

New York is a no-fault state, meaning that your first claim after an accident is to your own insurance company through your Personal Injury Protection (PIP) coverage. However, in serious cases, you can pursue additional damages from the at-fault driver. Injuries must meet the guidelines described by Section 5102(d) of the New York Insurance Law in order to pursue a lawsuit after a car accident. Examples of qualifying injuries include, but are not limited to, fractures, permanent loss of use of a sense or organ, significant limitations like rotator cuff tears or some back injuries, dismemberment or permanent scarring, lost pregnancies, or injuries that meet the 90/180-day rule.

In these kinds of cases, your compensation can include payments for your:

• Economic losses, like your medical bills, ambulance and ER expenses, and lost wages during your recovery period
• Future limitations on income from diminished earning capacity
• Out-of-pocket costs like medical devices and home modifications related to disability
• Costs for replacement services like childcare or cleaning that are not possible for you due to your injury
• Non-economic losses like pain and suffering
• Emotional distress, such as PTSD, depression, and anxiety due to a crash and your injuries
• Loss of life enjoyment, such as the inability to pursue beloved hobbies or activities
• Loss of consortium, such as loss of intimacy with a spouse.

Long Island Drunk Driving (DUI) Accident Lawyers: FAQs

What should I do immediately after a DUI accident?

Move out of the way of traffic if you can. Call 911 if anyone is injured. Do not leave the scene of the accident, but DO call the police to file a report. Take photos or video of the scene of the crash if you can do so safely, and ask for insurance and contact information from anyone involved, as well as any eyewitnesses who may be able to assist.

How long do I have to file a claim after a DUI accident in New York?

The statute of limitations is three years from the date of injury in New York, but there may be additional restrictions, such as cases involving a claim against a government entity, which require a filed Notice of Claim within 90 days. In some cases involving minors, the filing deadline may be tolled (extended), but you should still consult with a drunk driving accident lawyer as soon as possible to preserve evidence and ensure that you will not miss any deadlines.

How long does it take to settle a DUI accident claim?

It can take several months to settle a DUI accident claim. In cases involving extended liability, such as third parties, your case may last up to a year or more.

Will my case go to trial, or can it be settled out of court?

Many DUI cases can be successfully settled out of court, saving the accident victim time and legal fees. Going to court is only necessary when a settlement offer is too low, when the facts are disputed, or when an accident victim prefers a jury trial in order to account for the harm done. Your drunk driving accident attorney can counsel you about what kind of legal process is advisable in your case. At The Odierno Law Firm, our DUI accident lawyers can represent you in court as well as outside of it, in negotiations with an insurance company or opposing counsel.

Get in Touch with Our Long Island Drunk Driving Accident Lawyers Today

The Odierno Law Firm has a successful track record representing clients injured by a drunk driver’s negligence, and can vigorously pursue damages to cover the costs of your medical treatment, rehabilitation, and home care. We will also seek compensation for any lost wages, pain, suffering, emotional trauma, and property damage. Our firm has no sympathy for a driver who knowingly puts other people’s lives at risk by driving while intoxicated, and will provide uncompromising representation and advocacy.

Contact a Long Island drunk driving accident attorney at our firm for dedicated advocacy if you have been hurt in an accident caused by a drunk driver.