Despite the best efforts of groups like Mothers Against Drunk Drivers, or MADD, and government campaigns to educate people about the risks of driving under the influence of drugs or alcohol, we continue to hear news accounts of drunk drivers who seriously injure, or even kill, innocent motorists and pedestrians.
The victim of a drunk driving accident often has to live with life-altering physical injuries as well as with the emotional trauma caused by the collision. When a drunk driving collision results in a fatality, the surviving family members and loved ones must live with the loss caused by the actions of the drunk driver for the rest of their lives. A parent may lose a child, or a child his parents. Not only does this create an emotional void, but often a financial one as well. Although a drunk driver will face criminal charges and penalties in New York if convicted, those penalties do not address the financial impact that a drunk driving accident has on the victims. For that, a victim or the surviving family members must turn to the civil court system.
Civil Court Options for Victims of a Drunk Driving Accident
The victim of a drunk driving accident has the option of pursuing compensation for damages caused by the accident through a personal injury lawsuit or a wrongful death lawsuit. Where the criminal court system focuses on punishing the drunk driver for violating the law, the civil court system focuses on compensating the victim for the defendant’s negligence. If the defendant’s negligence resulted in the death of another motorist or a pedestrian, then the surviving family members have the right to pursue compensation through a wrongful death lawsuit. The concept behind a wrongful death lawsuit is essentially the same as a personal injury lawsuit except that the victim is deceased, so the focus is on compensation for the survivors.
As the victim of a personal injury accident, you may be entitled to compensation for economic injuries, such as medical bills, property damage to your vehicle, or lost earnings that were a result of the injuries you suffered in the accident. You may also be entitled to compensation for non-economic injuries, usually referred to as “pain and suffering.” As a survivor of a wrongful death lawsuit, you may be entitled to compensation that is intended to replace the lost earning and benefits that the deceased would have contributed to your family and to compensate you for the loss of companionship you have suffered as a result of the accident.
Bar Owners and Restaurants as Defendants
Often, when a drunk driver gets behind the wheel of a vehicle, it is after they have left an establishment where they were served alcohol, such as a restaurant or bar. Because the law expects establishments that serve alcohol to do so responsibly, New York has a “Dram Shop” law that potentially makes an establishment responsible if they serve alcohol to an intoxicated person who then gets behind the wheel of a vehicle and causes an accident.
New York’s General Obligations Law Section 11-101(1), commonly referred to as the Dram Shop Act, permits third parties injured or killed by an intoxicated person to recover from the server or seller of alcohol if they can prove that the intoxicated person who caused the injury was “visibly intoxicated” when served alcohol. In addition, New York’s Alcoholic Beverage Control Law Section 65(2) makes it unlawful for anyone to sell, deliver or give away alcoholic beverages to any “visibly intoxicated” person. These two laws provide the foundation for a victim or survivor to pursue a restaurant, bar, nightclub, or other establishment that served alcohol, for damages caused in a drunk driving accident.Because they are in a position to understand the risks involved in drinking and driving better than anyone else, a restaurant or bar should be held responsible when they have contributed to injuries resulting from a drunk driving accident.
Pursuing compensation from a restaurant, bar or nightclub can be a difficult option; however, it can also provide the compensation that a victim or the surviving family members deserve. If you have been injured in a New York drunk driving accident, or have lost a loved one in a drunk driving accident, consult with an accident attorney as soon as possible to determine what your legal options are.
Contact the New York/New Jersey car accident attorneys at Ginarte Gonzalez &Winograd to find out what legal options you may have. With six offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. Contact the firm today by calling 888-446-2783 for your free consultation, or fill out our online contact form.