Injured by a Drunk Driver? Learn About Liability in Queens Drunk Driving Accidents After St. Patrick’s Day Accidents
Drunk driving accidents are a serious problem. According to the National Highway Traffic Safety Administration (NHTSA), every day almost 30 people die in the United States in a drunk driving auto accident. One of the most common holidays for drunk driving accidents is St. Patrick’s Day. Many Queens drunk driving accidents after St. Patrick’s Day result in serious personal injuries or the wrongful death of an innocent person. Some personal injuries that our Queens car accident lawyers have handled after a drunk driving wreck include traumatic brain injuries, spinal cord injuries, and broken bones. These are all unnecessary injuries because drunk driving accidents are preventable.
Here at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. , we understand how physically, emotionally, and financially draining it can be for victims and their families of Queens drunk driving accidents. Our compassionate and experienced Queens car accident lawyers work to help recover compensation for pain and suffering, medical bills, lost wages, and other damages caused by a negligent driver. We can use common law, statutory law, and regulatory rules to help prove liability against a drunk driver and the owner of the vehicle. Learn more about how we can help recover compensation for you and your family by calling for a FREE consultation by dialing 800-247-8164.
Liability in Queens Drunk Driving Accidents
Liability is about establishing fault for a motor vehicle accident. There are several ways to do that under New York law. Generally, there are three ways to establish negligence against a drunk driver. These three ways include the following:
- Common Law – All motorists must use reasonable care in the use or operation of their motor vehicle. This is a duty owed to everyone else, especially those on or near the roadway. Driving drunk is not using reasonable care and will not be an excuse for Queens drunk driving accidents. A driver who causes a drunk driving accident is likely negligent under the common law.
- Statutory Law – All people must follow the law. Under New York Vehicle and Traffic Law section 1192, no person may operate a motor vehicle with a BAC above .08. If so, that person is automatically deemed intoxicated by alcohol. A motorist who violates this section and causes personal injuries in a Queens drunk driving accident may be automatically liable to victims and their families.
- Regulatory Rules – Against truck drivers who are driving drunk, there are two important regulations by the Federal Motor Carrier Safety Administration (FMCSA) which may apply to establish evidence of negligence. The first is 49 CFR section 392.4 which prohibits a truck driver from having any BAC while operating a commercial vehicle; this is stricter than New York’s law. Second, 49 CFR section 392.5 prohibits a truck driver from using alcohol within four hours before a shift starts. Any Queens drunk driving caused by an intoxicated truck driver could result in liability by violating these regulations.
Ask Our Queens Car Accident Lawyers for Help if a Drunk Driver Hurts You
Our experienced Queens car accident lawyers handle drunk driving accidents throughout Queens, NYC, Forest Hills, Long Island, and the rest of New York. If an intoxicated motorist caused you serious or catastrophic injuries, or if a loved one was wrongfully killed, learn what rights you have under New York law in a FREE consultation with our legal team. Call us today by dialing 800-247-8164 for a free case evaluation or use our convenient and easy-to-use contact us box available here to get started.