Healing takes time, but bills don’t wait. The effects of a drunk driver’s actions extend beyond the actual accident. How do you cover medical costs? What if your injuries keep you from working? The financial and emotional toll can feel endless.

Holding the driver accountable is more than just seeking justice—it’s about getting the support you need to move forward. A car accident attorney in Hudson Valley can support you in fighting for financial recovery and understanding your rights.

At Fakhoury Law Firm, we’ve spent over 24 years helping accident victims recover damages for hospital bills, lost wages, and pain and suffering. We know the legal process can be stressful, but don’t go through it without guidance. Keep reading to learn what steps to take after an accident and how we can help you build a strong case.

What Makes a Drunk Driver Legally Liable?

Most lawsuits against drunk drivers are based on negligence. This indicates the driver failed to exercise reasonable care while operating their vehicle. The law holds people responsible when their careless actions harm others. In this case, driving under the influence clearly violates that duty of care.

To win a negligence case, you must prove four key things:

• Duty of Care – All drivers must legally abide by traffic regulations and drive safely to avoid harming others.
• Breach of Duty – Driving drunk is an obvious breach of that duty. Alcohol reduces reaction time, impairs judgment, and raises the risk of an accident. In New York, different offenses exist depending on blood alcohol content (BAC), such as Driving While Ability Impaired (DWAI) and Driving While Intoxicated (DWI).
• Causation – You must prove the drunk driver’s actions directly caused the accident and your injuries. This means showing a clear link between their impairment and the crash.
• Damages – You must provide proof of real damages, including medical expenses, missed income, and suffering.

Can You Sue the Bar or Restaurant That Served the Driver?

Yes. Under New York’s Dram Shop Law, establishments that serve alcohol irresponsibly can be liable. If someone under 21 or obviously drunk was served alcohol by a bar or restaurant, and that person caused an accident, the victim may have a case against the business. To succeed, you need to prove that the alcohol sale played a major role in the crash.

 

What Compensation Can Victims Recover?

An accident caused by drunk driving can have serious financial and psychological effects. Various forms of compensation are available to victims based on the losses they have experienced.

Economic Damages

These losses can be calculated with receipts, bills, and pay stubs. They include:

• Medical expenses – Covers surgeries, hospital bills, medications, therapy, and ongoing treatment.
• Lost wages – Compensation for missing employment and diminished earning potential in the future.
• Property damage – The cost for repairing or replacing your vehicle and items that were harmed in the collision..

Non-Economic Damages

These damages are harder to measure but just as real. They include:

• Pain and suffering – Compensation for physical pain and long-term discomfort.
• Emotional distress – Covers anxiety, PTSD, and depression caused by the crash.
• Loss of enjoyment of life – When injuries prevent you from doing the things you once loved.
• Loss of companionship – Spouses of injured victims may be entitled to compensation for the emotional impact.

Are Punitive Damages Possible?

Yes. Unlike the damages listed above, punitive damages are meant to punish the drunk driver and convey that this behavior won’t be tolerated. There’s no set limit in New York for punitive damages in drunk driving cases, which means a jury could award a significant amount based on the severity of the case.

How Long Do You Have to File a Lawsuit?

Time is not on your side when filing a lawsuit. In New York, the statute of limitations for personal injury cases is three years from the accident date. Miss this deadline, and you lose your chance to sue.

Are There Any Exceptions?

• Minors – If the victim is under 18, the clock doesn’t start until they turn 18.
• Wrongful death claims – If the accident resulted in a fatality, family members generally have two years to file a claim.

Acting quickly is essential. Waiting too long can make gathering evidence and proving your case harder.

How Do You Prove a Drunk Driving Case?

Strong evidence is the key to a successful claim. The goal is to show both that the driver was impaired and that their actions caused the crash.

What Evidence Helps Prove Intoxication?

• BAC test results – In New York, a BAC of 0.08% or higher is legally intoxicated.
• Field sobriety tests – Officers may conduct roadside tests to assess balance, coordination, and cognitive function.
• Police reports – Law enforcement records can document slurred speech, alcohol odor, and other signs of intoxication.
• Witness statements – People who saw the driver drinking before the crash or driving erratically can provide key testimony.
• Video footage – Surveillance or dashcam footage can capture reckless driving or bar service.

What Evidence Proves the Drunk Driver Caused the Crash?

• Erratic driving behavior – Swerving, speeding, running red lights, or delayed reactions.
• Accident reconstruction reports – Experts analyze skid marks, vehicle damage, and impact points.
• Medical records – Show the extent of injuries and connect them to the accident.
• Employment records – Help prove lost wages and reduced earning potential.

What Happens if the Victim Is Partially at Fault?

New York follows a pure comparative negligence rule. This means even if the victim was partially at fault, they can still recover compensation—just at a reduced amount.

How Does It Work?

• If you were 20% at fault, you can still recover 80% of your damages.
• If you were 50% at fault, you can still recover 50% of your damages.
• If you were 80% at fault, you can still recover 20% of your damages.

Even if you were slightly responsible for the crash, you shouldn’t assume you have no case. Every situation is different, and a legal professional can help determine what you may still be entitled to.

How Our Hudson Valley Car Accident Lawyer Can Help 

From the moment you reach out to us, we stand by your side every step of the way. With our personal injury legal services in Dutchess County and Hudson Valley, we handle your case through a structured 8-step process:

• Conducting a thorough case evaluation to understand the full scope of your situation.
• Helping you access medical care and necessary treatment.
• Investigating the accident site, interviewing witnesses, and reviewing medical records.
• Answering all your queries and keeping you informed throughout the process.
• Communicating with insurance companies and ensuring your medical bills are addressed.
• Calculating damages, including physical injuries, emotional suffering, and financial losses.
• Negotiating settlements to secure fair compensation.
• Providing litigation support if your case needs to go to court.

Types of Personal Injury Cases We Handle

We provide representation to clients in a range of personal injury issues, such as:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Slip and fall injuries
• Medical malpractice
• Wrongful death claims
• Construction accidents
• Burn injuries
  

Is a Drunk Driver Responsible for Your Injuries? Call Our Hudson Valley Car Accident Lawyer!

Can you sue a drunk driver? Yes, and we can help you get the compensation you deserve.  At Fakhoury Law Firm, we fight for people injured by drunk drivers. With over 24 years of experience, we handle all aspects of your case—from gathering evidence to negotiating settlements. 

Our team works on car accidents, motorcycle accidents, truck accidents, wrongful death claims, and more. We’ll assess your case, calculate damages, and deal with insurance companies so you can focus on healing. Call today for a free consultation and learn what next steps to take.

Frequently Asked Questions

How Do I Report a Drunk Driver in New York?

If you believe someone is intoxicated and you witness them driving erratically, call 911 right away. Provide as much information as possible, including the car’s make, model, color, license plate number, and location. You can report anonymously. If it’s not an emergency, you can contact your local police station or, in New York City, dial 311.

What Legal Actions Can Be Taken Against a Drunk Driver?

Accident victims who were intoxicated may bring a negligence claim. This involves proving that the driver was responsible for driving safely, failed to do so, and caused an accident that resulted in injuries. Additionally, under New York’s Dram Shop Law, If a restaurant or bar gave alcohol to the driver, you might be able to hold them responsible. At the same time, they were visibly intoxicated or underage.

Is There a Limit to How Much You Can Sue For?

New York does not impose a cap on compensatory damages in car accident cases. The scope of your injuries, medical costs, missed income, and pain and suffering all affect how much you can get back. Punitive penalties may also be granted in extreme circumstances to deter careless behavior.

What Is the Average Settlement for a Car Accident in New York?

There is no fixed settlement amount because every case is different. The claim’s value depends on the extent of injuries, property damage, lost wages, and the at-fault party’s insurance coverage. Depending on the situation, settlements might be anything from thousands to millions of dollars.

Is New York a No-Fault State?

Yes. New York has a no-fault insurance system, which means that regardless of who caused the accident, your own insurance provider will pay for your medical expenses and lost income. If your injuries are severe, you may still be able to sue the negligent driver for further damages.

How Long Do You Have to Report a Car Accident?

If a car accident in New York causes more than $1,000 in property damage, injuries, or death, you must report it to the Department of Motor Vehicles (DMV) within 10 days. You can do this online or by sending it in paper form. There could be consequences for not reporting an accident.

Is a Police Report Necessary to File an Insurance Claim?

Although not usually necessary, a police report is strongly advised. It offers an official accident record that contains information about the drivers, witness accounts, and potential causes. This might expedite the insurance process and bolster your claim.

What Is the Legal Limit for Drunk Driving in New York?

In NYC, the legal blood alcohol content (BAC) limit for most drivers is 0.08%. It is 0.04% for commercial drivers, and for drivers under 21, any detectable alcohol level can lead to penalties.