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Who Can Be Held Liable in a Drunk Driving Crash?

By Michael LoGiudice
Founding Attorney

Drunk driving is a big problem across the United States. New York is no exception to this. The Foundation for Advancing Alcohol Responsibility states that, in 2015, there were 311 alcohol-impaired driving fatalities in New York and 28,988 DUI arrests were made in New York that same year. Mothers Against Drunk Driving, reporting National Highway Traffic Safety Administration Data, states that a person is injured in a drunk driving crash every two minutes in the U.S.

These statistics are eye-opening. The danger of being injured in a crash caused by a drunk driver is all too real. If you have been victimized in such a way, contact New York personal injury attorney Michael LoGiudice.

Who Can Be Held Liable in a Drunk Driving Crash?

First and foremost, the drunk driver is almost always implicated for liability purposes as proof of intoxicated driving strongly points to negligence. The legal limit in New York for drinking and driving is a blood alcohol content (BAC) of .08. However, proof of another person drinking any level of alcohol and getting behind the wheel can act as proof as negligence that may have caused or been a contributing factor in causing a car accident.

The drunk driver responsible for causing a crash resulting in injuries may be required to pay the victim compensation for:

Medical expenses
Lost wages
Loss of future earning ability
Pain and suffering
Emotional distress

Additionally, punitive damages may also be available. Drunk driving is oftentimes considered to be extremely negligent behavior to the point of showing a reckless disregard for human life.

New York also has a Dram Shop Law where a bar or club where the drunk driver was consuming alcoholic beverages prior to getting behind the wheel may be held liable to the victims of the drunk driving crash. In the State of New York, it is illegal for anyone to sell, deliver, or give away alcoholic beverages to someone who is “visibly intoxicated.” If it can be demonstrated that the bar or club employees were serving alcohol to the drunk driver while he or she was “visibly intoxicated,” then the drunk driving accident victim or victims may be able to recover monetary damages from the business as well.

Holding Drunk Drivers Responsible for the Damages They Have Caused.

Drunk driving is a serious problem. Countless people are injured every day as a result of car crashes caused by these reckless individuals. The injuries are often severe and have lasting consequences for the victims. Being injured in a car accident is an overwhelming experience. You need legal experience you can trust to get you through this while you focus on recovering form your injuries. Attorney Michael LoGiudice fights to hold drunk drivers responsible for the damages they have caused. He is here to make sure you are properly and completely compensated for your injuries and other losses. Contact Attorney LoGiudice today.

About the Author
Michael LoGiudice handles all personal injury and medical malpractice claims. He is a graduate of Brooklyn Law School (1997) and has many verdicts and settlements totaling in the tens of millions of dollars.
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