Long Island Drunk Driving (DUI) Accident Lawyers

If you were hit by a drunk driver, whether while driving yourself, walking, or biking, you may be managing pain, doctor’s appointments, and bills, all while missed paychecks pile up. One of the first questions most people have in these situations is, “Who pays for my injuries?”

In New York, there are generally two paths toward compensation after a drunk driving accident: no-fault auto insurance and, in some cases, a separate injury claim against the drunk driver. These systems work differently, cover different losses, and may need to be pursued at the same time.

The Odierno Law Firm has represented injured Long Islanders since 1978, and our personal injury lawyers bring more than 150 years of combined experience to every case. If you were struck by a drunk driver on Long Island, we can answer your questions, help you understand your potential next steps, and pursue the compensation you may be entitled to recover. Contact us today to schedule a free consultation.

Take the first step in your recovery by calling (631) 752-8580 or using our contact form to connect with us.

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

Drunk-driving victims may have more than one avenue for recovering compensation. New York’s no-fault system can cover certain immediate financial losses regardless of who caused the crash, while a separate personal injury claim may allow you to pursue additional compensation from the drunk driver.

New York No-Fault Benefits

No-fault benefits are available to many people injured in motor vehicle accidents, including drivers, passengers, and pedestrians. Which insurance policy pays depends on how you were involved in the crash. For example, someone injured while riding in a vehicle generally looks to the no-fault coverage for that vehicle, while a pedestrian struck by an insured vehicle generally seeks benefits through the policy covering the vehicle that hit them.

This type of coverage is mandatory in New York and generally provides up to $50,000 per person in basic economic loss, which can include:

• Medical treatment related to the crash
• A portion of lost earnings from missed work
• Certain other necessary expenses tied to the injury

A Personal Injury Claim Against the Drunk Driver

You may be able to pursue a personal injury claim against the drunk driver when your losses go beyond what New York’s no-fault system covers. That can happen in two main ways.

First, you can seek compensation for economic losses beyond basic economic loss. New York defines basic economic loss as up to $50,000 per person in covered medical expenses, lost earnings, and certain other necessary expenses. Financial losses beyond that amount may be pursued from the at-fault driver.

Second, you may pursue pain and suffering and other non-economic damages if your injuries meet New York’s serious-injury threshold. A serious injury can include a fracture, significant disfigurement, permanent loss of use of a body organ or function, a significant or permanent limitation, or certain injuries that substantially interfere with your usual daily activities for at least 90 of the first 180 days after the crash.

Criminal Case vs. Civil Claim: Why the DUI Charge Isn’t Your Compensation

If the driver who hit you is charged with DWI, there may be two separate cases arising from the same crash: the criminal case against the driver and your civil personal injury claim. Although they involve the same accident, they serve very different purposes and are handled separately.

In the criminal case, the State of New York prosecutes the driver for violating the law. The prosecutor, not the injured person, controls that case. Its purpose is to determine whether the driver committed a crime and, if so, impose criminal consequences such as fines, license penalties, probation, or incarceration.

Your personal injury claim, by contrast, is brought on your behalf to recover compensation for the harm the crash caused. You and your attorney control whether to pursue the claim, and the focus is on establishing liability and the damages you are legally entitled to recover. A criminal prosecution does not pursue that compensation for you, and a DWI conviction does not automatically resolve your civil claim.

How The Odierno Law Firm Helps Drunk Driving Accident Victims Build Strong Cases

The Odierno Law Firm has represented Long Islanders in all kinds of personal injury claims for nearly 50 years. Since our founding, we have recovered more than $300 million in verdicts and settlements, helping individuals and families rebuild their lives after serious accidents.

A drunk driving accident case often begins with information gathered by law enforcement, but our work goes beyond simply obtaining the police report. We look at the full record surrounding the crash and build the civil claim around the issues that matter to your recovery.

When our personal injury lawyers handle a drunk driving accident claim, our work typically includes:

• Reviewing the police and DWI investigation. We obtain available police reports, breath or blood test results, witness statements, video, photographs, and other records that can help us understand what happened before and during the crash.
• Determining how the driver caused the accident. Being intoxicated does not by itself explain how a collision occurred. We look at whether the driver was speeding, crossed into another lane, ignored a traffic signal, failed to yield, or made another unsafe driving decision that led to the crash.
• Documenting what the accident has cost you. We gather medical records, information about missed work and lost income, and evidence of any ongoing treatment or limitations caused by your injuries.
• Finding all available sources of compensation. We review the applicable insurance coverage and investigate whether anyone other than the driver may also be legally responsible.
• Pursuing a fair resolution. We present the claim to the insurer, handle negotiations on your behalf, and file a lawsuit when necessary to pursue the compensation you are entitled to seek.

What Compensation Can You Recover After a Drunk Driving Accident?

Once liability is established, compensation through a civil claim against a drunk driver can cover a broad range of losses tied to the crash. The exact damages depend on your injuries, treatment, and how the crash has affected your life and income. Depending on the facts of your case, potential compensation may include:

• Medical expenses not already compensated through no-fault
• Future medical treatment and rehabilitation costs
• Lost income from time away from work
• Reduced future earning capacity if your injuries affect your ability to work long-term
• Pain and suffering, where you meet New York’s serious-injury threshold
• Emotional and psychological effects of the crash
• Permanent disability or impairment
• Loss of the ability to participate in normal activities you enjoyed before the crash
• Other financial losses directly connected to the accident

Can Someone Other Than the Drunk Driver Be Held Liable?

A drunk driving crash does not always involve only the driver and their insurance policy. Depending on how the driver obtained the alcohol, whose vehicle they were using, and whether they were working at the time, other people or businesses may also share responsibility.

• A bar, restaurant, or other alcohol seller. New York law may allow a claim against a business that unlawfully served alcohol to someone who was visibly intoxicated and later caused an injury.
• Someone who unlawfully provided alcohol to a person under 21. If an underage driver was given alcohol and then caused a drunk driving crash, the person who supplied the alcohol may also face liability in some situations.
• The vehicle owner. If the drunk driver was using someone else’s vehicle, the owner may also be responsible depending on the circumstances.
• The driver’s employer. If the driver was working at the time of the crash, the employer may also be liable.
• Another negligent driver. More than one driver can contribute to the same collision, so another motorist may also share responsibility.

Identifying additional responsible parties can matter when the drunk driver’s own insurance is not enough to cover the full extent of your injuries and losses.

FAQ About Long Island Drunk Driving Accidents

What Should I Do After Being Hit by a Drunk Driver?

Once the immediate emergency has passed, a few practical steps help protect both your health and your claim:

• Follow through with your medical treatment and attend all recommended follow-up appointments
• Keep a copy of the police accident report and any related case numbers
• Save photos from the scene, witness contact information, and all insurance documents
• Be cautious about giving a detailed recorded statement to the drunk driver’s insurance company
• Reach out to an attorney early to help preserve evidence of the driver’s intoxication and any other potentially responsible parties

How Long Do I Have to File a Drunk Driving Accident Lawsuit in New York?

New York law requires most personal injury actions to be commenced within three years of the accident. Shorter deadlines can apply depending on the defendant, such as claims against government entities, so it’s worth having your case reviewed by a car accident attorney sooner rather than later.

How Long Does a Drunk Driving Accident Case Take?

There’s no fixed timeline that applies to every case. Several factors influence how long a claim takes to resolve, including:

• The severity of your injuries and how long it takes to reach a stable medical prognosis. Catastrophic injuries often extend the timeline.
• The insurance coverage available and how quickly the insurer responds
• Whether liability is disputed by the driver or another party
• The number of defendants involved, particularly in cases involving a Dram Shop claim
• Whether litigation becomes necessary to reach a fair resolution

Will My Drunk Driving Accident Case Go to Trial?

Most personal injury claims, including drunk driving cases, resolve through settlement rather than trial. Litigation tends to become necessary when liability is contested, when the insurance company undervalues your injuries and losses, or when multiple defendants disagree about who’s responsible. Filing a lawsuit doesn’t mean your case is guaranteed to go all the way to trial; it often pushes negotiations forward and can lead to a resolution before a courtroom is involved.

Does the Drunk Driver Have to Be Convicted for Me to File a Personal Injury Claim?

No. Civil and criminal cases are separate proceedings with different purposes and different standards of proof. You can file a personal injury claim whether the criminal case is pending, resolved, or even if charges were never filed at all.

What If the Drunk Driver Does Not Have Enough Insurance?

If the drunk driver’s insurance isn’t sufficient to cover your losses, other coverage may come into play, including supplementary uninsured/underinsured motorist (SUM/UM) coverage on your own policy. Identifying every other potentially liable party, such as a bar that overserved the driver, can also open up additional avenues for recovery.

How Much Does It Cost to Hire a Long Island Drunk Driving Accident Lawyer?

We offer a free consultation to review your case, and we work on a contingency fee basis. That means there’s no upfront attorney fee, and we only get paid out of your recovery if we’re successful on your behalf.

Speak With a Long Island Drunk Driving Accident Lawyer Today

Getting hit by a drunk driver means dealing with the consequences of someone else’s decision to get behind the wheel impaired. The criminal case against that driver may bring consequences for them, but it won’t put money in your pocket or pay your medical bills. That’s what a civil claim is for.

At The Odierno Law Firm, we have handled all types of car accident cases, from distracted driving crashes to hit-and-runs. We can identify every potentially liable party, and pursue the insurance coverage available to cover your losses. We’ve represented injured people across Nassau and Suffolk Counties since 1978, and we offer a free consultation with no upfront cost, working on a contingency fee so you pay nothing unless we recover for you. If you or someone you love was hurt by a drunk driver on Long Island, reach out to talk through what happened and what your options look like.