No one leaves their home expecting to be in a collision. A car accident is always a surprise and if you sustain injuries, the wreck is that much more devastating. Finding out that the other driver was intoxicated can make a bad situation worse. 

At Carner & DeVita, we know how stressful car accidents are. We also know that when the other driver is intoxicated, you are likely to be emotional knowing that the accident could have been preventable. As a premier car accident lawyer on Long Island, we are here to fight for your rights in court.

Car accidents involving drunk or high drivers can be complex. If the other driver denies being intoxicated, you may have to wait for criminal proceedings to conclude before you can file your case in civil court. 

You need an experienced car accident attorney advocating on your behalf. Call 631-543-7070 if you have been injured in a Long Island car accident. We are ready to fight for your rights and hold the at-fault driver accountable for their choices.

What To Do If This Type of Accident Happens To You

Due to your heightened state of emotion, it can be difficult to take the appropriate steps following a car accident. At a minimum, it’s very important that you take note of the license plate number of the other vehicle and its description. If the other driver flees the scene of the wreck, the information you take down will be incredibly important to the responding officers.

If you are involved in a car accident on Long Island, you may be required by law to not only stop but to report the accident to the local authorities (NY VTL § 600). You can do this easily by calling 911 or having someone on the scene make the call for you. 

While you are waiting for police to arrive, get a physical description of the other vehicle. Ask the driver for their contact information and driver’s license number. When the intoxicated party realizes that you are going to report the accident, be aware that they may try to flee. Do not intervene to try and stop them.

Do not be pressured by someone into not “calling the cops.” You owe nothing to the drunk driver. Report the accident immediately. Failing to do so could hinder your claims. 

If injured, you also need to be sure to accept medical attention at the accident scene. If you refuse, you could be negatively affecting your claims. 

Your next step should be to contact an experienced Long Island car accident attorney. Your lawyer will help you make decisions going forward and ensure that you do everything possible to preserve your right to seek compensation. An attorney will investigate the accident and help you determine your damages.

Does a DUI Mean That the Other Driver Is Automatically At-Fault?

In order to have a successful claim in court, you need to establish certain elements:

  • The other driver had a duty of care
  • The other driver was negligent in some way
  • There was an accident
  • That accident directly caused injury
  • Those injuries resulted in damages

In the case of an accident involving a drunk driver, intoxication can be enough to establish negligence. At a minimum, the other driver’s intoxication will be seen as a contributing factor to the collision. However, know that fault is considered on a case-by-case basis, and you may ultimately need a jury verdict to assign liability for damages.

If you are left with medical bills, lost wages, and other damages following your accident, do not assume that you are on a financial hook. You have every right to seek compensation for the money you have lost as a result of someone’s poor choice.

You Need an Experienced Long Island Car Accident Lawyer

We are here to hold drunk drivers accountable for their choices. You deserve to be compensated fairly for your losses. Never assume that you have to deal with financial devastation due to someone else’s actions. We will work to establish each necessary legal element of your claim, and we’ll fight for what you legally deserve.

Call our office today at 631-543-7070 to speak with a Long Island car accident lawyer. We understand what you are going through and are ready to put our years of dedication and experience to work for you and your family. Contact us today to schedule an appointment for a no-cost case evaluation.