Every year thousands of people die due to
accidents caused by drunk or impaired drivers. These deaths are far outnumbered by the amount of injuries caused to
persons who end up surviving the accident. Making the matter more astonishing
is the fact that these accidents are wholly preventable. Moreover, in
terms of negligence, perhaps nothing is more clearly a breach of a motorist’s
duty of reasonable care then driving under the influence of any substances.
Experienced Newburgh car accident attorneys know that multiple parties may be held liable for injuries caused by impaired
motorists. Under New York law, the driver may be held liable, the store
from which alcohol was sold may be held liable, and the bar or restaurant
at which the impaired driver was served alcohol may be held liable. Additionally,
substances other than alcohol may also violate statutes tasked with controlling
By far when people think about driving under the influence, they think
about drunk driving. Indeed, it is a serious problem in our state. However,
New York laws also prohibit driving under the influence of any substance
that impairs motor and cognitive functions. This means that persons driving
under the influence of illegal drugs or even legal drugs prescribed by
physicians can violate
New York’s Vehicle and Traffic Laws.
Therefore, any motorists found to have been under the influence of alcohol
and/or drugs may be civilly liable for your injuries if such was caused
during the course of their operation of a motor vehicle. This behavior
is illegal, and it is a civilly compensable form of negligence. As mentioned
above, other parties may be liable as well.
New York has what are called
dram shop laws. These laws state that stores from which alcohol is sold can be held
responsible for injuries arising out of the alcohol sold. If stores sell alcohol to minors and a minor subsequently causes a car
accident while under the influence of that alcohol, then the store can
be held liable. If a person presents as visibly intoxicated at a bar or
restaurant, but nonetheless is served more alcohol, the establishment
may be liable if the patron subsequently drives under the influence and
harms other people in a car accident. Injured parties should expect compensation
for their damages.
Compensatory damages can help an injured party recover losses related to
health care, lost wages, lost earning potential, pain, suffering, and
the like. Close relatives of a victim may seek compensation as well. For
example, a relative of a decedent may commence a wrongful death action
in order to recover damages related to the death. Lastly, punitive damages
seeking to punish the wrongdoer may be sought as well.
Are you interested in learning more about car accidents caused by impaired
drivers? Find out more in our
latest article to learn more about your rights here. Also, learn about increased distracted driving penalties as enhanced
by the New York State Legislature
in our blog post here. We also wrote about the dangers of texting while driving and what happens
conduct causes car accidents in our post here.
Our car accident attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious personal injury accidents,
particularly throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie,
and Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.