Law and Liability for Memorial Day Drunk Driving Accidents in Queens
As the coronavirus known as COVID-19 begins to slow in New York, and the nicer weather coupled with the reopening of New York’s beaches is upon us, the coinciding with Memorial Day weekend is a huge draw for New Yorkers and neighboring residents to cerebrate. Memorial Day is an important holiday to recount the brave sacrifices that all soldiers made, where some sacrificed all for our freedoms today. While most people take the appropriate bow of respect, some New Yorkers unfortunately take this as an excuse to celebrate with alcohol. This can be dangerous and reckless. When Memorial Day drunk driving accidents in Queens cause serious injuries to innocent people, they need to get the proper legal support they deserve.
Here at Cohen & Cohen Law Group, P.C., our experienced Queens car accident lawyers handle all types of serious motor vehicle accidents including serious or catastrophic auto wrecks. This includes catastrophic injuries caused by Memorial Day drunk driving accidents in Queens, Log Island, NYC, or anywhere else in New York City. We also have a strong affinity for our service men and women and thank them for their sacrifices on this national day of reverence and mourning. If you or loved one has been serious injured or if a loved one was wrongfully killed, please call our bodily injury law firm for a FREE consultation to learn how we can help you today.
Drunk Driving is Illegal under New York Law
It should be an obvious fact that drunk driving is illegal in New York and every other state. This is for good reason too. According to the National Highway Traffic Safety Administration (NHTSA), 30 people are killed each day due to a drunk driver. This is a staggering statistic considering that drinking and driving is a preventable cause.
There are two ways that drunk driving is illegal in New York. First, drunk driving is illegal under statutory law which is made by the Legislature. Under New York Vehicle and Traffic Law section 1192, a BAC of more than .08 is considered to be illegally intoxicated. Any drunk driver that has a BAC of .08 is automatically considered intoxicated and can be liability under the doctrine of negligence per se for a drunk driving accident. This doctrine allows a victim to automatically hold a defendant liable for violating a statute that is meant to protect a victim from the harm that was caused.
The second way to hold a drunk driver liability is under the common law standard. This is known as negligence. It is the failure of a defendant to exercise reasonable care in the use or operation of a motor vehicle. A defendant may be found to be intoxicated under the common law and driving while ability impaired at a BAC of as low as .02. This allows police officers to use discretion in handling a motorist who is not legally intoxicated, but is still demonstrating signs of impairment. Defendants who cause Memorial Day drunk driving accidents in Queens may be liable under the common law.
Ask For Help if a Drunk Driver Hurt You
Our experienced Queens car accident lawyers can help protect your rights in a motor vehicle accident when a drunk driver caused you serious personal injuries or the wrongful death of a loved one. Call Cohen & Cohen Law Group, P.C. 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.