Driving over fifty miles per hour in a thirty-five mile an hour speed zone
with a blood alcohol content three times the legal limit, a former television
actress careened into other motorists. The actress was at a barbecue party
before getting into her vehicle to drive. One person was killed and another
was badly injured.
It was not until three years after the accident that the actress was finally
sentenced to prison for her actions.
Experienced Newburgh drunk driving accident attorneys know that criminal prosecution is often the end result of drunk driving,
but so too are civil actions.
While the accident discussed above happened in New Jersey, it is important
to know that New York roadways are just as deadly. Recent years have seen
several hundred fatalities and over four thousand injuries attributed
to drunk driving. Almost ten thousand crashes a year can be traced to
driving under the influence of alcohol. It is not just the driver who
is killed or injured.
Passengers, pedestrians, and bicyclists are all common victims of
drunk driving accidents. In fact, the majority of drunk driving accident injuries are suffered
by persons not under the influence of alcohol.
Focusing on accountability, what can be done for drunk driving victims
and their families? Again, since driving under the influence of alcohol
is criminal, the prosecutor’s office will prosecute the offender
in criminal court, seeking fines, incarceration, and the like for the
offender as a result of the crime.
Harming people while driving drunk also violates the private rights of
others. It amounts to actionable negligence and civil courts are a source
of accountability in addition to criminal courts.
injuries caused to others by drunk drivers can be devastating. Wages will be lost due to missing work. Medical bills
uncovered by insurance will accumulate. Rehabilitation costs and long
term care expenses will also mount. These things can be claimed against
the offending driver in civil court. The victim’s pain and suffering
can also be compensated for as well.
In addition to the drunk driver, other people can be held accountable.
Under New York State dram shop laws, bar, restaurant, and other establishment
owners can be held liable for the damage caused by the visibly intoxicated
patrons served alcohol at the establishment.
Social host laws can also hold people liable for giving alcohol to minors.
If someone gives a minor alcohol and that minor ends up killing or injuring
someone in a drunk driving accident, the person from whom the alcohol
was received can be sued in a court of law.
Learn more about outdoor summer BBQs, pool parties, personal injury and
civil litigation in
our latest article posted here. Read more about injuries occurring at pool parties and who is liable
for injuries in
our blog posted here.
Our personal injury 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 car 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.