Drunk Driving Accident Lawyers in Rochester

Fighting For Drunk Driving Accident Victims in New York

Drunk driving accidents represent some of the most devastating, life-altering motor vehicle collisions. Because drunk drivers’ reflexes are dulled and their reaction times are reduced, they often collide with other objects—including other cars—at high rates of speed. Frequently, these accidents are head-on collisions, as drunk drivers drift across center lanes on highways and roads. Sadly, this often leads to serious, catastrophic injuries for innocent victims. All too often, drunk driving accidents are fatal.

At Faraci Lange, LLP, we understand the serious toll drunk driving accidents have on victims and their entire families. And, while we know that there is nothing that can negate what you have been through, we also know that you shouldn’t have to face the challenges brought on by the accident on your own. Our Rochester drunk driving accident attorneys can help you take legal action against the drunk driver and hold him or her accountable for the harm and suffering they have caused you.

There is no cost in discussing your situation with one of our Rochester drunk driving attorneys; call (888) 997-4110 or contact us online to request a free initial consultation today. 

Common Injuries in Drunk Driving Accidents

Common injuries may include:

• Traumatic Brain Injuries (TBI): A traumatic brain injury could occur when a victim's head strikes a hard surface or is violently shaken during a crash. TBIs can vary from mild concussions to serious brain damage, leading to long-term cognitive, physical, and emotional impairments.
• Spinal Cord Injuries: Spinal cord injuries could result in partial or full paralysis, depending on the location and severity of the damage. Victims could require lifelong medical care, rehabilitation, and assistive devices, drastically affecting their quality of life.
• Broken Bones: The force of impact in a drunk driving accident can cause multiple fractures in the arms, legs, ribs, and other bones. Broken bones often require surgery, physical therapy, and extended recovery periods.
• Whiplash and Neck Injuries: Whiplash often occurs when the head is jolted forward and backward rapidly, causing strain and damage to the neck muscles and ligaments. While whiplash is common in rear-end collisions, it can also result from side-impact and head-on crashes.
• Internal Injuries: Blunt force trauma from a drunk driving accident can cause harm to internal organs such as the lungs, liver, kidneys, and spleen. These injuries can be life-threatening and often demand emergency surgery.
• Lacerations and Bruises: Broken glass, debris, and the impact of the collision can lead to deep cuts, bruising, and soft tissue injuries. While some of these injuries may heal over time, others can leave permanent scars or require reconstructive surgery.
• Emotional Trauma: Victims of these accidents often experience emotional trauma, which includes anxiety, depression, and post-traumatic stress disorder. The emotional toll of a serious accident could be just as debilitating as the physical injuries, requiring therapy and support to overcome.

Is the Drunk Driver Always at Fault?

Drunk driving is not only unlawful in the state of New York, but it is also always negligent. Drunk drivers can be held legally liable for this negligence in the form of a personal injury or wrongful death claim. This is separate from any criminal proceedings that the state may take against the drunk driver for breaking the law and driving while intoxicated.

However, while a drunk driver is always considered to share some portion of fault for an accident he or she causes, a drunk driver may not be the only liable party. Under New York’s Dram shop laws, bars, restaurants, and other establishments that sell alcohol can be held liable if they illegally serve alcohol to someone or if they serve alcohol to someone who is visibly intoxicated and that person goes on to cause a drunk driving accident.

How To Prove An Establishment is at Fault?

Proving that an establishment unlawfully served individual alcohol—meaning, essentially, that the establishment sold or served alcohol to someone under the legal drinking age of 21—or that it overserved a patron can be difficult. You must work with an experienced dram shop lawyer who knows how to effectively navigate these types of claims. However, if applicable, pursuing a claim against the establishment that provided alcohol to the drunk driver who caused the accident that left you seriously injured can allow you to recover the full compensation you are entitled to receive for your damages.

What Damages Could Be Recovered in a Drunk Driving Accident Claim?

In the wake of a serious drunk driving accident, you are likely to face significant challenges. On top of extensive medical bills, you may find yourself unable to work—either temporarily while you recover or permanently if your injuries are disabling. In addition to these financial stressors, you are also likely to face a great deal of pain, suffering, and emotional distress. Our Rochester drunk driving lawyers can help you seek rightful compensation for all of your damages.

While every case is different, seriously injured victims of drunk driving accidents may be able to recover compensation for:

• All medical expenses, current and future
• Lost income/wages, including future lost earnings
• Disability (loss of earning capacity)
• Pain and suffering
• Emotional distress
• Counseling and related services
• Vehicle damage repairs

Additionally, the surviving family members of those wrongfully killed may be able to recover compensation for funeral costs, loss of support, and other damages they have suffered.

What is the Statute of Limitations for a Drunk Driving Accident Claim in New York?

When it comes to pursuing a lawsuit for a drunk driving accident in New York, understanding the statute of limitations is crucial. The statute of limitations establishes a deadline for filing a lawsuit, and if this deadline is missed, it may result in the forfeiture of the right to seek compensation.

In the state of New York, the statute of limitations for personal injury claims, including those related to drunk driving accidents, is generally three years from the date of the accident. This means that those who have been injured or have lost a loved one in a drunk driving accident will have three years from the initial date of the incident to initiate legal proceedings.

While this may seem like a significant amount of time, it is essential to act promptly. Building a strong case takes time, and delays can result in the loss of crucial evidence or the fading of witness memories. Initiating legal action sooner rather than later allows our legal team at Faraci Lange, LLP, to gather and preserve evidence, interview witnesses, and construct a compelling case on your behalf.

Contact Our Drunk Driving Attorney in Rochester Today

Our legal team can help you navigate this immensely difficult time. Our goal, first and foremost, has always been to help people, and our entire team is ready to assist you throughout the entire legal process. We work to handle all of the legal components of your recovery so that you can focus on healing and moving forward.

Learn how our drunk driving lawyers in Rochester can help you; contact us at (888) 997-4110 today.