DUI Injury Attorney in NYC

When you've been injured by a drunk driver in New York City, you need a DUI injury attorney in NYC who understands the unique aspects of these devastating cases. Drunk driving accidents cause some of the most serious injuries and preventable tragedies on our roads. At Kelner & Kelner, we recognize the anger, frustration, and pain that victims experience when someone's reckless decision to drive under the influence changes their lives forever. We're here to help you seek justice and recover the compensation you need to move forward.

Can I Still Sue If The Drunk Driver Wasn't Convicted Of DUI?

Yes, you can pursue a civil claim for compensation even if the drunk driver was not convicted in criminal court or if criminal charges were dropped. Civil cases and criminal cases have different standards of proof. Criminal cases require proof beyond a reasonable doubt, while civil cases only require a preponderance of the evidence, meaning it's more likely than not that the driver was intoxicated and caused your injuries. Evidence of the driver's intoxication, such as police observations, breathalyzer results, witness statements about erratic driving, and the driver's own admissions, can support your civil claim regardless of the criminal case outcome. We pursue your right to compensation independently of any criminal proceedings.

What If The Drunk Driver Had No Insurance Or Insufficient Coverage?

When a drunk driver lacks insurance or carries minimal coverage that doesn't fully compensate your injuries, we explore alternative sources of recovery. Your own uninsured motorist (UM) or underinsured motorist (UIM) coverage can provide compensation when the at-fault driver has inadequate insurance. If a bar or restaurant over-served the driver, we can pursue a dram shop claim against that establishment and its insurance policy. We also investigate whether the drunk driver was using a vehicle owned by someone else, as the owner's insurance may provide additional coverage. In cases where the driver was working or using a company vehicle, the employer's insurance becomes another potential source. As your drunk driving accident lawyer, we identify every available avenue for compensation to ensure your financial recovery isn't limited by the drunk driver's lack of resources.

How Long Do I Have To File A DUI Injury Lawsuit In New York?

New York's statute of limitations for personal injury claims, including drunk driving accidents, is generally three years from the date of the accident. However, certain circumstances can shorten or extend this deadline. If a government vehicle or employee was involved, you may need to file a notice of claim within 90 days. If you were a minor at the time of the accident, the statute of limitations may be extended until you reach adulthood. While three years may seem like plenty of time, we strongly recommend contacting a DUI injury attorney in NYC immediately after your accident. Early action allows us to preserve evidence, interview witnesses while memories are fresh, and build the strongest possible case. Waiting too long can result in lost evidence and weakened claims, and missing the deadline entirely bars you from recovering any compensation.

Can I Sue If I Was A Passenger In The Drunk Driver's Vehicle?

Absolutely. Passengers injured in vehicles driven by intoxicated drivers have every right to seek compensation for their injuries. Even if the drunk driver was a friend or family member, you can file a claim against their insurance policy. Some passengers feel guilty about suing someone they know, but remember that you're actually filing a claim against the driver's insurance company, not taking money directly from your friend or relative. Insurance exists precisely for these situations. Your claim will be paid by the insurance carrier, and pursuing compensation is necessary to cover your medical bills, lost wages, and other damages. If you knew the driver was intoxicated before getting in the vehicle, this may affect your claim under comparative negligence principles, but it doesn't necessarily prevent you from recovering compensation.

What Happens If The Drunk Driver Fled The Scene?

Hit-and-run drunk driving accidents present additional challenges but don't prevent you from seeking compensation. If the driver is later identified and apprehended, you can pursue a claim against them and their insurance. Fleeing the scene is a serious criminal offense that strengthens your case and increases the likelihood of punitive damages being awarded. If the driver is never identified or found, your own uninsured motorist coverage should provide compensation for your injuries. We work with law enforcement and conduct our own investigation to help identify hit-and-run drivers, examining surveillance footage, witness accounts, and physical evidence left at the scene. Some cases also qualify for compensation through the New York Motor Vehicle Accident Indemnification Corporation when the at-fault driver cannot be identified or located.

Does It Matter If The Driver Was Under The Influence Of Drugs Rather Than Alcohol?

No, drugged driving cases are handled similarly to alcohol-related DUI cases. Driving under the influence of illegal drugs, prescription medications, or marijuana impairs driving ability and constitutes negligence. New York law prohibits driving while ability is impaired by drugs, and drivers who cause accidents while drugged face both criminal and civil liability. Proving drug impairment may require different evidence than alcohol cases, such as blood tests showing drug presence, Drug Recognition Expert evaluations, and testimony about the driver's physical symptoms and behavior. Certain prescription medications carry warnings against operating vehicles, and drivers who ignore these warnings and cause accidents are liable for resulting injuries. As your DUI injury attorney in NYC, we know how to build strong cases whether the driver was impaired by alcohol, illegal drugs, or prescription medications.

Can My Family Sue If A Drunk Driver Killed Our Loved One?

Yes, when a drunk driver causes a fatal accident, certain family members can file a wrongful death lawsuit. New York law allows the personal representative of the deceased's estate to bring wrongful death claims on behalf of surviving family members, typically spouses, children, and parents. These claims seek compensation for funeral and burial expenses, medical costs incurred before death, loss of financial support the deceased would have provided, loss of services and companionship, and the pain and suffering experienced by surviving family members. Wrongful death cases involving drunk drivers often result in substantial compensation, including punitive damages, because of the egregious nature of the conduct. We handle these sensitive cases with the compassion and dedication your family deserves while aggressively pursuing justice for your loved one.

What If I Had Been Drinking Too But Wasn't Driving Or At Fault?

Having consumed alcohol doesn't prevent you from recovering compensation as long as you weren't driving and didn't cause the accident. New York follows a pure comparative negligence rule, meaning your compensation is reduced by your percentage of fault. If you were a passenger, pedestrian, or driver of another vehicle and the drunk driver caused the accident, the fact that you had been drinking is generally irrelevant to your claim. However, if your intoxication somehow contributed to the accident—for example, if you grabbed the wheel or distracted the driver—this could affect your recovery. Insurance companies may try to use your alcohol consumption to blame you for the accident, but we counter these tactics by focusing on the drunk driver's negligence as the primary cause of your injuries.

Are Cases Involving Underage Drunk Drivers Handled Differently?

Cases involving drivers under 21 who were drinking and driving have some unique aspects. New York has a zero-tolerance law for underage drivers, meaning any detectable amount of alcohol can result in charges. Parents or guardians who own vehicles driven by underage drunk drivers may face enhanced liability for allowing the minor to use their vehicle. Social hosts who provided alcohol to the underage driver face greater liability exposure than they would for serving adults. Our car accident lawyers investigate where and how the minor obtained alcohol, as bars, liquor stores, or adults who provided alcohol to minors can be held accountable. These cases often involve heightened emotions because underage drunk driving represents particularly reckless behavior, and we pursue maximum compensation to hold all responsible parties accountable.

Can I Receive Compensation Before My Case Settles Or Goes To Trial?

While we cannot provide you with settlement funds before your case resolves, there are ways to access money for immediate needs. Your own insurance's Personal Injury Protection (PIP) coverage, if you have it, pays for medical expenses and lost wages regardless of fault up to your policy limits. Some medical providers treat accident victims on a lien basis, meaning they agree to wait for payment until your case settles. We can help arrange these treatment liens so you receive necessary medical care without upfront costs. If you're facing severe financial hardship, lawsuit funding companies offer cash advances against your expected settlement, though these typically come with high interest rates and we only recommend them as a last resort. Our goal is to resolve your case as quickly as possible while ensuring we don't settle for less than you deserve.

What If The Accident Happened In A Parking Lot Or On Private Property?

Drunk driving accidents on private property, including parking lots, shopping centers, and residential driveways, are handled similarly to those on public roads. The driver's intoxication and negligence create liability regardless of where the accident occurred. However, property owners may also bear some responsibility if hazardous conditions on their property contributed to the accident, such as inadequate lighting, poor parking lot design, or failure to maintain safe surfaces. Police may have limited jurisdiction for accidents on private property, which can complicate evidence collection, so contacting a DUI injury attorney in NYC quickly becomes even more important to preserve evidence and witness statements. The drunk driver's insurance coverage applies to accidents on private property just as it would for public road accidents.

How Are Rideshare Drunk Driving Cases Handled?

When an Uber or Lyft driver causes an accident while intoxicated, multiple parties may be liable. The rideshare driver faces personal liability for choosing to drive while impaired. Rideshare companies conduct background checks and have policies against impaired driving, but if they failed to properly screen the driver or ignored warning signs of substance abuse, they may share liability. Uber and Lyft provide substantial insurance coverage when drivers are actively transporting passengers or en route to pick up passengers, typically $1 million in liability coverage. However, coverage may be limited when drivers are simply logged into the app awaiting ride requests. We investigate the driver's status at the time of the accident and pursue claims against all available insurance policies. These cases also raise questions about the rideshare company's responsibility for monitoring driver behavior and enforcing their no-tolerance policies for impaired driving.

Will I Have To Testify In Court About The Accident?

Most drunk driving injury cases settle before trial, so you may never need to testify in court. If your case does go to trial, you will likely need to testify about the accident, your injuries, and how they've affected your life. We thoroughly prepare all our clients for testimony, conducting practice sessions and explaining what to expect so you feel confident and comfortable. Your testimony is important because it allows the jury to hear directly from you about the impact of the drunk driver's actions. We'll be with you throughout the trial, guiding you through the process and advocating on your behalf. Your deposition may be taken earlier in the case during the discovery phase, where the defendant's attorney asks you questions under oath. We prepare you for depositions as well and attend to protect your interests and object to improper questions.

What If The Drunk Driver Claims They Weren't Intoxicated Despite Evidence?

Drunk drivers and their insurance companies often deny intoxication even when evidence clearly shows impairment. They may claim breathalyzer equipment malfunctioned, blood tests were improperly administered, field sobriety tests were conducted incorrectly, or medical conditions caused symptoms that appeared like intoxication. As your drunk driving accident lawyer, we counter these defenses with comprehensive evidence, including police officer testimony, expert witnesses who explain testing procedures and results, surveillance footage showing erratic driving, witness accounts of the driver's appearance and behavior, and the driver's own statements at the scene. We also point to the driver's actions consistent with intoxication, such as accident patterns, traffic violations preceding the crash, and the inability to follow simple instructions. Courts and juries are generally skeptical of defendants who deny obvious intoxication, and we use the weight of evidence to prove the driver's impairment and liability.

Financial Compensation You Can Pursue in a DUI Injury Case

When a drunk driver's reckless decision causes your injuries, you deserve full compensation for every loss you've suffered. At Kelner & Kelner, we fight to recover maximum damages across all categories available under New York law.

Economic Damages Available:

• Medical expenses: We pursue compensation for all healthcare costs related to your drunk driving injuries, including emergency room treatment, hospitalization, surgery, diagnostic testing, prescription medications, medical equipment, rehabilitation, and future medical care you'll need throughout your lifetime.
• Lost wages and income: If your injuries prevented you from working, you can recover every dollar of income you lost during your recovery period, including salary, overtime pay, bonuses, commissions, benefits, and self-employment income.
• Reduced earning capacity: When your injuries permanently limit your ability to work or force you into a lower-paying position, we calculate the difference between what you would have earned and what you can now earn over your remaining work life.
• Property damage: You can recover the cost to repair or replace your vehicle and any personal property damaged or destroyed in the drunk driving accident, including electronics, jewelry, clothing, and other belongings.
• Home and vehicle modifications: If your injuries require wheelchair accessibility, bathroom renovations, vehicle adaptations, or other modifications to accommodate your disability, these expenses are included in your economic damages.
• Transportation and travel costs: We seek reimbursement for all transportation expenses related to your medical care, including mileage to appointments, parking fees, public transportation costs, and ride-sharing services necessitated by your injuries.
• Household services: When your injuries prevent you from performing household tasks like cleaning, cooking, yard work, or childcare, you can recover the cost of hiring help or the value of services family members provide.

Non-Economic Damages You Deserve:

• Pain and suffering: This compensation addresses the physical pain, discomfort, and bodily limitations you experience because of the drunk driver's actions, both currently and for the rest of your life.
• Emotional distress and mental anguish: Drunk driving accidents often cause severe psychological trauma including post-traumatic stress disorder, anxiety, depression, nightmares, and fear of driving, all of which warrant substantial compensation.
• Loss of enjoyment of life: When your injuries prevent you from participating in hobbies, sports, social activities, travel, or other pursuits that previously brought you joy, you deserve compensation for this diminished quality of life.
• Permanent disability and impairment: Physical disabilities that affect your independence, mobility, and ability to perform daily activities independently increase the value of your non-economic damages significantly.
• Disfigurement and scarring: Permanent scars, burns, amputations, or other disfigurement resulting from the drunk driving accident impact your self-image and social interactions, making them compensable losses.
• Loss of consortium: Your spouse can recover compensation for the loss of companionship, affection, intimacy, household services, and support caused by your injuries from the drunk driving accident.
• Reduced life expectancy: If your injuries have shortened your expected lifespan, this loss represents a compensable harm that factors into your overall damages calculation.

Punitive Damages in Drunk Driving Cases:

• Punishment for reckless conduct: Unlike most traffic accidents, drunk driving cases often qualify for punitive damages because driving while intoxicated represents a conscious disregard for the safety of others on the road.
• Deterrence of future drunk driving: Courts award punitive damages to send a message that drunk driving will not be tolerated and to discourage the defendant and others from engaging in similar dangerous behavior.
• Enhanced damages for aggravating factors: Extremely high blood alcohol levels, prior DWI convictions, causing injuries to multiple victims, driving with a suspended license, or fleeing the accident scene strengthen claims for punitive damages.
• Separate from compensatory damages: Punitive damages are awarded in addition to your economic and non-economic damages, potentially adding substantial amounts to your total recovery depending on the severity of the drunk driver's conduct.

Additional Financial Recovery:

• Pre-judgment interest: New York law allows interest to accrue on your damages from the date of the accident until judgment is entered, compensating you for the time value of money during the legal process.
• Court costs and litigation expenses: You can recover certain court filing fees, expert witness costs, and other litigation expenses incurred in pursuing your claim against the drunk driver.
• Attorney fees in dram shop cases: When we successfully pursue claims against bars or restaurants that over-served the drunk driver, you may be entitled to recover attorney fees in addition to damages.

At Kelner & Kelner, we work with economists, medical experts, life care planners, and vocational rehabilitation specialists to accurately calculate every dollar of compensation you deserve.

How a NYC DUI Injury Attorney Can Maximize Your Compensation

At Kelner & Kelner, we employ proven strategies tailored specifically to drunk driving cases to secure the maximum compensation available for your injuries. Our DWI accident lawyers' comprehensive approach combines thorough investigation, aggressive advocacy, and deep knowledge of how to leverage the unique aspects of DUI injury claims.

Comprehensive Investigation and Evidence Gathering:

• Immediate police report analysis: We obtain and carefully review the police report to document the drunk driver's blood alcohol concentration, field sobriety test results, breathalyzer readings, officer observations, and any criminal charges filed at the scene.
• Criminal case monitoring: We track the drunk driver's criminal prosecution and obtain transcripts, evidence, and testimony from the criminal proceedings that can strengthen your civil claim and establish liability conclusively.
• Video evidence preservation: Our team acts quickly to secure surveillance footage from traffic cameras, nearby businesses, police dash cameras, and body cameras that capture the drunk driver's behavior, erratic driving patterns, and interactions with law enforcement.
• Witness statement collection: We interview witnesses who observed the drunk driver before the accident, including bar staff, restaurant employees, other patrons, and bystanders who can testify about the driver's visible intoxication and consumption patterns.
• Toxicology report review: We obtain and analyze blood and urine test results that establish the drunk driver's intoxication level, drug presence, and impairment at the time of the accident.
• Scene reconstruction services: We work with accident reconstruction professionals who use physical evidence, vehicle damage patterns, and crash dynamics to demonstrate the severity of the impact and the drunk driver's negligence.

Strategic Liability Development:

• Multiple defendant identification: Beyond the drunk driver, we investigate whether bars or restaurants over-served the intoxicated driver, whether employers should be held liable for employee conduct, and whether vehicle owners bear responsibility for lending cars to impaired drivers.
• Dram shop claim pursuit: When establishments served visibly intoxicated patrons or minors who then caused accidents, we file claims under New York's dram shop laws to access additional insurance coverage and hold these businesses accountable.
• Prior DWI history investigation: We research the drunk driver's past DWI convictions, license suspensions, and previous alcohol-related incidents to demonstrate a pattern of reckless behavior that supports punitive damages.
• Aggravating factor documentation: We compile evidence of factors that increase liability, including extremely high BAC levels, driving while license suspended, fleeing the scene, having open containers in the vehicle, or transporting minors while intoxicated.

Comprehensive Damage Documentation:

• Complete medical record compilation: We gather all emergency room reports, hospitalization records, surgical notes, diagnostic imaging, therapy evaluations, and treatment plans to document the full extent of your physical injuries from the drunk driving accident.
• Future medical needs projection: We consult with medical professionals and life care planners who calculate the cost of future surgeries, ongoing treatment, rehabilitation, medications, medical equipment, and long-term care you'll require.
• Psychological injury assessment: We work with mental health professionals who evaluate and document your emotional trauma, PTSD, anxiety, depression, and other psychological injuries resulting from being victimized by a drunk driver.
• Economic loss calculation: We collaborate with economists and vocational experts who analyze your lost earning capacity, reduced career opportunities, and lifetime financial losses caused by your injuries.
• Quality of life impact documentation: We create detailed records showing how your injuries affect daily activities, family relationships, hobbies, social engagement, and overall life satisfaction to support substantial non-economic damages.

Aggressive Negotiation Tactics:

• Punitive damage leverage: We emphasize the availability of punitive damages in drunk driving cases during negotiations, which motivates insurance companies to offer higher settlements to avoid jury trials where punitive awards can be substantial.
• Multiple policy access: We identify all applicable insurance policies including the drunk driver's personal auto coverage, umbrella policies, homeowner's insurance, and any commercial policies from establishments that served the driver.
• Comparative case analysis: We present evidence of verdicts and settlements in similar drunk driving cases to demonstrate what juries award victims with comparable injuries, establishing a benchmark for fair compensation.
• Media attention consideration: Insurance companies understand that drunk driving cases generate public sympathy and media interest, which can pressure them to resolve claims favorably rather than face negative publicity at trial.

Litigation Preparedness:

• Early lawsuit filing: We file suit promptly when insurance companies refuse fair settlement offers, demonstrating our commitment to taking your case to trial and accelerating the discovery process.
• Comprehensive discovery execution: We use depositions, interrogatories, and document requests to uncover all evidence of the drunk driver's intoxication, the establishment's service practices, and any attempts to cover up or minimize the driver's impairment.
• Expert witness retention: We engage qualified professionals including toxicologists, accident reconstructionists, medical specialists, and economists who provide compelling testimony about liability and damages.
• Trial presentation development: We create powerful visual presentations, timeline graphics, and demonstrative evidence that help juries understand the drunk driver's recklessness and the devastating impact on your life.

Protection of Your Recovery:

• Medical lien negotiation: We work to reduce healthcare liens, insurance subrogation claims, and hospital bills that would otherwise diminish your settlement, ensuring you keep more of your compensation.
• Strategic settlement timing: We advise against settling before reaching maximum medical improvement and understanding the full extent of your injuries, preventing you from accepting inadequate compensation for long-term needs.
• Insurance bad faith claims: When insurers engage in unreasonable claim handling, delay tactics, or wrongful denials, we pursue bad faith claims that can result in additional damages beyond your policy limits.
• Structured settlement options: For cases involving substantial compensation, we evaluate whether structured settlements provide tax advantages and long-term financial security compared to lump sum payments.

Communication and Client Support:

• Insurance company interaction management: We handle all communications with insurance adjusters, preventing you from making statements that could be twisted to reduce your claim's value or suggest you share fault for the accident.
• Regular case status updates: We keep you informed about investigation progress, settlement negotiations, legal filings, and any developments in the drunk driver's criminal case that affect your civil claim.
• Medical treatment facilitation: We help connect you with qualified healthcare providers who treat accident victims on a lien basis, ensuring you receive necessary care without upfront costs while building strong medical documentation.
• Emotional support provision: We understand the anger and trauma that comes from being injured by a drunk driver's reckless choice, and we provide compassionate guidance throughout the legal process.

When you search for a DUI injury attorney in NYC, you need a firm that understands drunk driving cases require a different approach than typical traffic accidents. At Kelner & Kelner, we've successfully handled numerous drunk driving injury claims and know how to maximize every aspect of your case.

What To Do If Injured in a DUI Accident

Taking the right steps immediately after being injured by a drunk driver protects both your health and your legal rights. At Kelner & Kelner, we guide you through the critical actions that strengthen your claim and preserve evidence.

Immediate Actions at the Scene:

• Call 911 immediately: Emergency services will document the drunk driving, administer sobriety tests, and create an official accident report that becomes crucial evidence.
• Seek medical attention: Accept evaluation by paramedics at the scene and go to the emergency room even if you feel fine, as some serious injuries don't show symptoms immediately.
• Document everything: Photograph the vehicles, scene, road conditions, and your injuries, and record the driver's information, witness contact details, and any visible signs of intoxication.
• Report suspected intoxication to police: Explicitly tell officers if you suspect the driver is intoxicated so they conduct proper testing at the scene.

Protect Your Legal Rights:

• Contact a DUI injury attorney in NYC immediately: Early legal representation ensures evidence is preserved, deadlines are met, and your rights are protected from the start.
• Don't give recorded statements: Politely decline to provide recorded statements to any insurance adjuster until you've consulted with us.
• Avoid social media: Don't post about the accident or your activities on Facebook, Instagram, or other platforms that insurance companies monitor.
• Keep all documentation: Save medical records, bills, prescriptions, police reports, and receipts for all accident-related expenses.

Follow Through on Medical Care:

• Attend all appointments: Complete all prescribed treatments and follow medical advice to demonstrate you're taking your recovery seriously.
• Document your symptoms: Tell healthcare providers about every symptom including pain, emotional distress, and limitations so everything is recorded in your medical records.
• Don't accept quick settlements: Insurance companies often offer fast, low settlements within days that are far below the true value of your injuries and future needs.

The actions you take after being injured by a drunk driver significantly impact your compensation. At Kelner & Kelner, we understand accident victims are often in shock and unsure how to proceed. Contact a DUI injury attorney in NYC as soon as possible after addressing your immediate medical needs. We'll handle the legal complexities, preserve evidence, and fight for maximum compensation while you focus on recovery. When you work with us as your drunk driving accident lawyer, you can trust we'll protect your rights and pursue the full compensation you deserve for injuries caused by someone's reckless decision to drive while intoxicated.

Contact Kelner & Kelner for Your Free Consultation

If a drunk driver has injured you or a loved one in New York City, don't wait to seek legal help. At Kelner & Kelner, we offer free initial consultations to discuss your case and explain your legal options. Our team is ready to fight for the maximum compensation you deserve while holding the intoxicated driver accountable for their reckless actions. Contact us today through our website to schedule your consultation with an experienced DUI injury attorney in NYC. We work on a contingency fee basis, which means you pay nothing unless we win your case.