Who is Responsible for a Drunk Driving Accident in New York?

If you or a loved one has been injured by a drunk driver, you will likely be entitled to recover compensation. When an individual makes the decision to get behind the wheel while intoxicated, he or she should be held responsible. But, the driver may not be the only responsible party. In some cases, you may be able to recover compensation from an establishment or host if you can prove that they over-served the driver. Read on to learn more.

DRAM Shop Laws

The purpose of DRAM shop laws is to protect victims of drunk driving accidents. The law makes it illegal for establishments with an alcohol license to serve a patron that is visibly intoxicated. This is in place for all bars, taverns, pubs, restaurants, and more. Servers must be aware of any signs of intoxication so that they can stop serving- signs may include slurred speech, glassy or bloodshot eyes, difficulty finishing sentences, incoherent speech, stumbling, falling, impaired fine-motor skills, and more. If the establishment keep serving alcohol to the individual and they go on to cause an accident, they can be liable. DRAM shop laws come into play under the following conditions:

  • An employee of the establishment serves alcohol to a person who was visibly intoxicated
  • The decision to serve the intoxicated customer directly caused injuries and damages

Social Host Laws

Social host laws exist to hold a host responsible in the event that an underage guest drinks alcohol at their party and causes an accident. It is important to know that this is true even if the host did not know a minor was drinking at their party. Social host laws can be applied in the following situations:

  • If a minor consumes alcohol at your party and is injured or killed in an accident
  • If a minor consumes alcohol at your party and injures or kills someone else

What is the Statute of Limitations?

In New York, you will generally have three years to file a personal injury claim. Failing to file within three years will mean losing your opportunity to recover the compensation you need and deserve in order to heal.

Contact our firm to speak with an experienced and dedicated personal injury attorney today.

Contact our Firm

The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. We understand the implications of a serious accident, which is why we take pride in tenaciously representing our clients. If you require strong legal representation, contact our firm today to schedule a free consultation.