New York Drunk Driving Accident Lawyer Holding Impaired Drivers Accountable
Injured by a drunk driver? Ikhilov & Associates fights for maximum compensation, including punitive damages. Free consultation, no fees unless we win.
New York Drunk Driving Accident Lawyers
Drunk and impaired drivers put everyone on New York’s roads at risk. When a preventable crash injures you or takes a loved one, Ikhilov & Associates holds the responsible parties accountable. Our drunk driving accident lawyers pursue full compensation for victims as part of our broader car accident practice, with the trial experience to take on insurers and at-fault drivers alike.
Your Rights After a Drunk Driving Accident
If you were hurt by a drunk driver, you have the right to pursue a civil claim for your injuries that is completely separate from any criminal DWI case the state may bring. The criminal case punishes the driver, while your civil claim recovers compensation for your medical bills, lost income, and pain and suffering. You do not have to wait for the criminal case to conclude to protect your rights.
DWI and DUI in New York: What Victims Should Know
New York law refers to impaired driving as DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired), though many people search for “DUI.” Whatever the label, a drunk driver who chooses to get behind the wheel while impaired is acting negligently, and often recklessly. A criminal DWI conviction can provide powerful evidence supporting your civil claim, and an experienced DUI accident lawyer can use it to strengthen your case.
Who Can Be Held Liable for a Drunk Driving Crash?
The drunk driver is usually the primary at-fault party, but they may not be the only one. Under New York’s Dram Shop Law (General Obligations Law § 11-101), a bar, restaurant, or other establishment that unlawfully served alcohol to a visibly intoxicated person or a minor may also be held liable. In some cases, a social host who served alcohol to minors can be responsible as well. Identifying every liable party is key to securing full compensation, and it is where an experienced drunk driving accident attorney makes the difference.
Drunk Driving Accidents We Handle
Our attorneys represent victims of impaired-driving crashes of every kind, including:
- Car accidents caused by drunk or drugged drivers
- Pedestrian accidents involving impaired motorists
- Motorcycle accidents caused by impaired drivers
- Fatal crashes that give rise to a wrongful death claim
Compensation in a Drunk Driving Accident Claim
Victims of drunk driving crashes may recover compensation for medical expenses, future care, lost wages and earning capacity, property damage, and pain and suffering. Because drunk driving involves especially reckless conduct, New York courts may also award punitive damages, which are additional compensation meant to punish the driver and deter similar behavior. Our team fights to maximize every category of recovery available to you.
How Our Drunk Driving Accident Lawyers Help
We move quickly to preserve evidence such as police and toxicology reports, surveillance footage, and bar receipts that can establish dram-shop liability. Our drunk driving accident attorneys handle the insurance companies, calculate the full value of your losses, and prepare every case for trial. We serve injured clients across New York City and the surrounding counties; explore the areas we serve.
A Notable Drunk Driving Accident Result
Ikhilov & Associates secured $900,000 for a White Plains woman who was injured by an unlicensed, intoxicated driver that swerved off the road. See more case results. Prior results do not guarantee a similar outcome; every case is evaluated on its own facts.
Contact a New York Drunk Driving Accident Lawyer
If you or a loved one was hurt by a drunk driver, Ikhilov & Associates is ready to help. Consultations are free, and you pay no legal fees unless we win. Contact us today to speak with an experienced New York drunk driving accident lawyer or DUI accident lawyer.
New York law
The statutes that apply to this kind of claim
Each provision below links to its official text published by the New York State Senate. How a statute applies depends on the facts of a specific case.
Driving while intoxicated
Defines the levels of impaired and intoxicated driving. A conviction under this section can be used as evidence in the related civil case.
General Obligations Law § 11-101
Dram Shop Act
A bar or other seller that unlawfully sells alcohol to a visibly intoxicated person can be liable to someone later injured by that person. This creates a claim separate from the one against the driver.
Three year limit on personal injury actions
Most personal injury cases in New York must be filed within three years of the date of the injury. Several situations change that period, including claims against a public agency and claims on behalf of a child.
Comparative fault
Being partly at fault does not end a claim in New York. Compensation is reduced in proportion to the share of fault assigned to the injured person.
This summary is general information about New York law, not legal advice about your situation. Deadlines have exceptions, and some of them are short. Speak with an attorney about the facts of your case.
Can I sue a drunk driver in New York even if they were arrested?
Yes. The criminal DWI case and your civil injury claim are separate. The criminal case punishes the driver, while your civil claim recovers compensation for your medical bills, lost wages, and pain and suffering.
What is New York’s Dram Shop Law?
Under General Obligations Law § 11-101, a bar, restaurant, or other establishment that unlawfully serves alcohol to a visibly intoxicated person or a minor can be held financially liable if that person later causes a drunk driving crash.
Can I recover punitive damages in a drunk driving accident case?
Possibly. Because drunk driving is considered especially reckless, New York courts may award punitive damages in addition to compensation for your losses , meant to punish the driver and deter similar conduct.
What if a drunk driver hit me while I was walking?
You may have a strong claim. Impaired driving is a leading cause of pedestrian accidents, and liability usually falls heavily on the driver. Fatal pedestrian crashes may also support a wrongful death claim.
How much does it cost to hire a drunk driving accident lawyer?
Ikhilov & Associates works on a contingency-fee basis. There are no upfront costs, and you only pay legal fees if we recover compensation for you.
Reviewed by
Erik Ikhilov, Esq.
Founding Partner & Personal Injury Attorney, Ikhilov & Associates
Founding partner of Ikhilov & Associates and New York personal injury attorney. Admitted to practice in New York, registration number 2550754.
Full biographyTalk to a lawyer about your case
A case review costs nothing and puts you under no obligation. We work on a contingency fee, so there is no fee unless we recover compensation for you.