Following a motor vehicle collision in New York, you may exit your vehicle to facilitate the exchange of contact and insurance information with the other party. During this interaction, you might discern indicators such as slurred enunciation, bloodshot eyes, or difficulty maintaining focus. These observations could suggest that the motorist is operating under the influence of intoxicating substances. Should you suspect the at-fault party is impaired, kindly proceed with reading to determine the requisite steps to safeguard your rights and how a dedicated New York City Drunk Driving Accident Lawyer can assist you in pursuing the justice you merit.
How Does Alcohol Impair One’s Ability to Operate a Motor Vehicle in NY Safely?
Driving while intoxicated (DWI) is prohibited in New York due to the severe impairment that alcohol inflicts on the cognitive and physical skills necessary for safely operating a motor vehicle. These substances significantly diminish an individual’s judgement, reason, and coordination, ultimately increasing the risk of a serious collision.
Common Impacts of Alcohol Impairment While Driving
- Impaired judgement and decision-making
- Slower reaction times
- Reduced coordination (muscle control)
- Altered vision acuity
- Drowsiness or fatigue
- Increased risk-taking behavior
- Reduced awareness
The combined effects of these impaired abilities substantially increase the risk of accidents. It’s important to note that even at low BAC levels, motorists are more likely to make errors that can lead to accidents.
What Is the Legal BAC limit in New York?
In accordance with New York Vehicle & Traffic (VAT) § 1192:
- The legal limit for most drivers is 0.08%
- Commercial drivers generally face stricter limits, typically 0.04%
- Drivers under 21 are subject to New York’s Zero Tolerance Policy
- A driver can still face DWI charges with a BAC less than the legal limit if they are still impaired
What Should You Do After a Drunk Driving Accident in New York City?
If you are involved in an accident in New York City, Westchester County, or the surrounding metropolitan communities, in which you believe the driver responsible is under the influence, understanding how to proceed is critical. The steps you take in the immediate aftermath of an accident can have a drastic impact, not only on the outcome of your claim but also on your health and well-being.
Important Steps to Take at the Accident Scene
- Immediately call 911 to request police and medical assistance at the scene
- If safe to do so, move your vehicle out of the roadway
- Avoid confronting the intoxicated driver
- Inform the responding officers that you suspect the driver is impaired
- Take photos and videos of the damage to the vehicles, road conditions, and your visible injuries
- Gather the names and contact information of witnesses
- Exchange insurance information with the drivers involved
- Request a copy of the police report before leaving the scene
Why Medical Treatment Is Important After a Drunk Driving Crash
Even if you feel okay or your injuries seem minor, it’s imperative to seek immediate medical attention following a drunk driving collision. Unfortunately, injuries may not immediately appear, and delayed medical care can harm your health and your right to seek compensation. As such, prompt medical care can:
- Document immediate care
- Diagnose hidden injuries
- Connect injuries to the collisions
- Prevent insurance disputes or denials
- Bolster your injury claim
Can You Sue a Drunk Driver for Your Injuries in NYC?
If you suffer injuries and subsequent damages due to the actions of an intoxicated driver in New York, you have the right to pursue both economic and non-economic damages through a personal injury lawsuit, even if criminal charges are filed against the intoxicated driver.
In many drunk driving accidents in New York City and the surrounding Westchester County communities, evidence like police reports, BAC test results, dashcam footage, field sobriety testing, and witness statements can play an integral role in supporting the injury claim of a victim.
What Compensation May Be Available After a Drunk Driving Accident?
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
- Physical therapy or rehabilitation
- Emotional distress
- Loss of enjoyment of life
- Pain and suffering
Contact an Experienced New York City Personal Injury Attorney
In the unfortunate event that you have been struck by a drunk driver in New York, it’s in your best interest to contact an experienced attorney at The Bàez Legal Group, who can help safeguard your rights and fight for the compensation you deserve. Connect with our firm today for more information.
