When an impaired driver’s reckless choice injures you, the aftermath is about more than a car crash. A Queens drunk driving accident lawyer is the ally you need to fight back and hold the responsible driver fully accountable.
The criminal justice system will handle the driver’s DWI charge, but that process doesn't compensate you for your suffering. Your civil claim is the path to securing your financial recovery and demanding justice.
Put a strong legal fighter on your side. Call the Law Offices of Jason B. Kessler at (914) 220-1088 today.
Table of Contents
- Why Choose Us for Your Queens Drunk Driving Injury Claim
- Your Path to Justice
- Punitive Damages: A Tool for Accountability
- Beyond the Driver: Investigating All Responsible Parties
- Potential Compensation for Your Drunk Driving Injuries
- FAQ for Queens Drunk Driving Accident Lawyer
- Fight for Justice With the Law Offices of Jason B. Kessler
Why Choose Us for Your Queens Drunk Driving Injury Claim
An accident caused by an intoxicated driver is a violation that requires an aggressive legal strategy focused on maximum accountability. You need a law firm that understands both the emotional and the complex legal realities of your situation.
Relentless Advocacy for Victims
Our firm was founded on the principle of fighting for those who have been wronged. We channel your sense of injustice into a powerful, aggressive legal strategy designed to secure maximum compensation and punishment.
While you focus on your physical recovery, we focus on holding the drunk driver responsible for every bit of harm they caused. We don’t just process claims. At the Law Offices of Jason B. Kessler, we’re relentless advocates for justice.
We Know the Queens Legal Landscape
Our lawyers know the borough inside and out. We know the roads where these senseless accidents happen, from high-speed crashes on the Long Island Expressway and Grand Central Parkway to collisions on neighborhood streets in Astoria, Bayside, and Forest Hills.
We work on drunk driving cases near the bar scenes of Austin Street or on busy thoroughfares like Queens Boulevard. Our familiarity with the local courts and procedures gives our clients a distinct advantage.
We Handle the Overlap Between Cases
A drunk driving incident creates two separate legal cases: the criminal DWI case and your civil personal injury claim. Navigating this is confusing and stressful for victims. We manage the intersection between these two legal tracks for you.
We monitor the criminal case to gather evidence for your civil lawsuit. Our attorneys know how to leverage the criminal case to strengthen your civil one.
If you were hit by a drunk driver anywhere in Queens, from the Cross Island Parkway to a side street in Sunnyside, you need a strong advocate. The Law Offices of Jason B. Kessler provides the aggressive, knowledgeable representation required to get justice.
Call us now at (914) 220-1088 for a free, confidential consultation.
Your Path to Justice
The driver who hit you will face criminal charges, but that is only half of the legal process. The criminal court aims to punish the driver for breaking the law. Your civil claim aims to provide financial compensation for all your losses.
The Criminal Case vs. Your Civil Claim
These two cases proceed on separate tracks with different goals. The District Attorney represents the People of the State of New York and works to secure a criminal conviction. A guilty verdict may result in fines, license suspension, or jail time for the driver.
Your Queens drunk driving accident lawyer from our firm represents you and you alone. We file a civil lawsuit against the drunk driver to secure financial damages for your medical bills, lost income, and personal suffering.
Your active participation in the criminal case isn’t required for us to pursue your civil claim successfully.
Securing Evidence From the DWI Arrest
The evidence gathered by the police for the criminal arrest is incredibly valuable for your civil case. We take immediate action to obtain all of the prosecution’s evidence. This prevents the proof of the driver's intoxication from being lost or overlooked.
We build a fact-based case using the driver's own reckless actions against them. This evidence includes:
- Police Report: This report contains the officer's narrative of the event, statements, and observations of the driver's impairment.
- BAC Test Results: We secure the certified results of the driver's breath, blood, or urine test, which is powerful proof of their intoxication.
- Dashcam and Bodycam Footage: Video footage often captures the driver's failed field sobriety tests and provides a vivid picture of their condition at the scene.
Proving Negligence
In a typical car accident case, you must prove the other driver was careless. When the other driver was arrested for DWI, this element is much simpler. Driving while intoxicated is illegal, so their actions are considered negligent.
This allows your Queens drunk driving accident attorney to focus the case on what matters most: proving the full extent of your injuries and damages. The driver’s criminal act establishes their fault. We use that to build the strongest possible case for maximum compensation.
Punitive Damages: A Tool for Accountability
Victims of drunk drivers rightfully want more than just compensation; they want justice. In New York, the civil justice system provides a specific tool for this purpose called punitive damages. Our firm is committed to pursuing these damages in every drunk driving case we handle.
Pursuing Punitive Damages
Punitive damages are a separate monetary award, on top of the funds you may receive for your medical bills and lost wages. They’re not designed to compensate you for a loss.
They’re designed exclusively to punish defendants for exceptionally reckless or malicious behavior and deter them and others from acting that way in the future.
Drunk driving is a classic example of the type of grossly negligent conduct that warrants punitive damages. The driver made a conscious choice to become impaired and get behind the wheel, showing a complete disregard for the safety of everyone else on the road.
Our firm builds a case from day one designed to show the driver’s conscious disregard for the safety of others. We believe that victims of this crime have a right to every legal tool. A DWI victim lawyer from our team fights for this extra measure of justice.
Beyond the Driver: Investigating All Responsible Parties
Sometimes, the drunk driver isn’t the only one at fault for the crash. In certain situations, the bar, restaurant, or social host who provided the alcohol is also responsible. New York's Dram Shop Act provides a path to hold these third parties accountable.
When a Bar or Restaurant Is Liable
It’s illegal for a licensed establishment, like a bar or restaurant, to sell alcohol to any person who is visibly intoxicated. If they do so, and that person causes an accident due to their intoxication, the establishment is liable for the resulting damages.
Proving a dram shop case requires evidence. A Queens drunk driving injury attorney from our team will investigate where the driver was drinking before the crash. We search for proof of the establishment's negligence.
This might include:
- Witnesses: We may find other patrons or employees who saw the driver being served while they were obviously drunk.
- Video Surveillance: Many bars have security cameras that capture footage of the patrons at the bar.
- Receipts: Credit card receipts or bar tabs show how much alcohol the driver consumed at that location.
Social Host Liability
The law also applies to social hosts who serve alcohol at a private residence or party. A host who knowingly provides alcohol to a person under the age of 21 is held responsible if that minor then drives and causes an injury. This is another vital avenue for securing full compensation for victims.
Potential Compensation for Your Drunk Driving Injuries
Our primary goal is to secure the financial resources you need to cover every one of your losses. A civil lawsuit's compensation, or damages. A Queens drunk driving accident lawyer from our team builds a case to maximize your recovery.
Economic Damages
Economic damages are for the specific, out-of-pocket financial losses your injuries have caused. These are the bills and costs that have strained your family's finances. We meticulously document every expense to demand a full recovery.
These tangible losses form the foundation of your claim. We pursue compensation for all of your current and future costs.
These include:
- Medical Treatment: This is for all of your medical care, from the ambulance and ER visit to surgery, hospitalization, and future rehabilitation needs.
- Lost Income: This covers all the wages, salary, overtime, and benefits you have lost from being unable to work.
- Property Damage: This covers the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
- Future Costs: If your injuries are permanent, we seek damages for your future lost earning capacity and ongoing medical needs.
Non-Economic Damages
Non-economic damages compensate you for the devastating personal and emotional toll of the accident. These harms don't have a clear price tag, but they’re often the most severe consequences of a drunk driver’s actions.
This part of your claim acknowledges the human cost of the collision, a critical component of justice.
Your attorney for being hit by a drunk driver will fight for compensation for your:
- Pain and Suffering: This is for the physical pain and emotional trauma you have been forced to endure because of the crash.
- Loss of Enjoyment of Life: You can seek a financial award if your injuries prevent you from participating in hobbies and other activities you once loved.
- Emotional Anguish: This acknowledges conditions like anxiety, fear, and post-traumatic stress disorder (PTSD) stemming from the violent nature of the crash.
FAQ for Queens Drunk Driving Accident Lawyer
Do I Have To Wait for the Criminal DWI Case to Finish?
No, you don’t have to wait for the DWI case to conclude, and you shouldn’t wait. Your civil lawsuit for compensation is completely separate from the driver’s criminal case. We can file your claim and begin building your case immediately, regardless of what is happening on the criminal track.
Often, we’re able to resolve the civil claim long before the criminal case concludes.
The Drunk Driver’s Insurance Called Me With an Offer. What Do I Do?
Don’t accept any offer, sign any documents, or give a recorded statement to any insurance adjuster without first consulting a Queens drunk driving accident lawyer. Their goal is to settle your claim as quickly and as cheaply as possible, often before you know the true extent of your injuries.
Politely decline to speak with the adjuster and refer them to your lawyer.
Can I Sue a Bar for Overserving the Driver Who Hit Me?
Yes, under New York's Dram Shop Act, you may be able to sue a bar, restaurant, or other licensed establishment that sold alcohol to a visibly intoxicated person who then caused your accident.
Your lawyer will conduct an investigation to determine where the driver was drinking and if a third party shares liability for your injuries.
Why Do I Need a Queens Drunk Driving Accident Lawyer for My Case?
You need a Queens drunk driving accident lawyer because experienced attorneys know how to navigate the parallel criminal and civil legal systems. They use the evidence from the DWI arrest to your advantage.
Your attorney can aggressively pursue punitive damages and investigate all parties, including bars that overserved the driver, to achieve maximum accountability and compensation for you.
What Happens if the Drunk Driver Was Uninsured?
You still have a clear path to financial recovery through your own car insurance policy. New York requires all auto policies to include Uninsured/Underinsured Motorist (UM/UIM) coverage. Your UM/UIM coverage steps in to cover your damages up to the limits of your own policy.
If you do not own a car but live with a relative who does, you may be covered under their policy. Your lawyer will investigate all available insurance to find the coverage you need.
Fight for Justice With the Law Offices of Jason B. Kessler
A drunk driver made a selfish choice, but you have the power to make a different one. You can stand up, demand justice, and hold them fully responsible for the harm they have caused.
The person who hit you has the force of the government prosecuting them; you need an equally strong fighter in your corner. Let us be your advocate in this fight.
The Law Offices of Jason B. Kessler will handle the legal battle so you can focus on the hard work of healing. Call us today for a free, completely confidential consultation at (914) 220-1088 to take back control.