You can collaborate with our car accident lawyers in Albany, NY, to hold the right parties accountable for your recent losses. We specialize in helping survivors craft their personal injury claims, no matter how severe your injuries may seem or how complicated your case appears. You can contact Morelli Law Firm today to learn more about the services we can offer you.
Drunk Drivers May Face Both Criminal and Civil Consequences
In Albany, NY, and the rest of the state, there are strict driving while intoxicated rules that apply to drunk drivers. These laws allow Albany’s personal injury lawyers and criminal prosecutors to take legal action against anyone who knowingly gets behind the wheel after drinking.
When these drivers cause an accident and injuries, they may face additional – and more serious – charges. According to the New York State Department of Motor Vehicles (DMV), drunk drivers could face conviction and penalties related to:
- Driving While Intoxicated (DWI): A driver has a Blood Alcohol Content (BAC) of 0.08 or higher, or there is other proof they are intoxicated.
- Aggravated DWI: The driver has a BAC of 0.18 BAC or higher.
- Zero Tolerance Law: A driver commits a zero-tolerance law violation when they have a BAC of between 0.02 and 0.07 and are not yet 21 years old.
- Chemical Test Refusal: A driver faces penalties related to a chemical test refusal when they refuse to allow police or medical personnel to test their BAC.
The possible additional criminal charges related to a drunk driving accident include vehicular assault, aggravated vehicular assault, vehicular manslaughter, and vehicular homicide.
While it may provide some comfort to see the drunk driver who caused your accident face criminal penalties, this does little to ensure you receive fair compensation for the injuries, pain and suffering, and other losses you sustained because of their actions.
How Do Criminal Drunk Driving Charges Impact Your Fight for Accident Compensation?
Police officers may arrest the driver responsible for your drunk driving accident at your accident scene. What does this mean for you? Officers may later ask you to contribute testimony to the case the state brings against that drunk driver.
While you don’t benefit directly from the criminal case the state brings against a drunk driver, you can integrate the case’s findings into your pursuit of compensation. If the state finds a drunk driver guilty of criminal misconduct, you can submit that conviction to a judge alongside your personal injury claim.
A criminal conviction does not guarantee you the right to secure damages for your losses. A conviction does make it easier for you to argue that a liable party violated the duty of care owed to you, though.
You can discuss how to integrate a criminal conviction into your quest for compensation when you first meet with an Albany, NY, drunk driving accident attorney.
Have You Been Injured In An Accident? Contact Morelli Law
877-751-9800Proving and Recovering Damages in an Albany Car Accident
After most car accidents in New York, injured victims file a claim based on their Personal Injury Protection (PIP) policy, also known as “no-fault” coverage. This provides payment for medical care up to the policy limits, a portion of lost wages, and a small amount for daily expenses.
However, if your injuries are serious, relying on your no-fault coverage could cause you to lose thousands of dollars as a result of the accident. Meeting an exemption to the no-fault law and seeking pain and suffering damages, as well as additional lost wages and related losses, could ensure you do not suffer from long-term financial hardship as a result of your accident.
In addition, if you can show you qualify to take civil action and prove the drunk driver caused the accident, you can hold that driver accountable for their illegal and dangerous actions. This may be possible through a third-party liability auto insurance claim based on their policy or by naming them the defendant in a civil suit in court.
What Damages to Include in Your Request for Support
Personal injury attorneys want to make it as easy as possible for you to request all of the damages you need to get back on your feet after an accident with a drunk driver. When it comes time to calculate the value of your case, you can count on us to calculate the value of losses like the following:
- Pain and suffering
- Emotional distress
- Mental distress
- Lost wages or reduced income
- Medical expenses
- Surgeries for catastrophic injuries
- Permanent or temporary disability care
- Pain management
- Property damage and essential repairs
You cannot request punitive damages in your initial claim. However, if it appears that an at-fault party engaged in gross negligence, a judge may award you punitive damages upon reviewing your case.
How to Fight for Drunk Driving Accident Damages
You are not obligated to go before a jury if you want to fight for your right to drunk driving compensation. An experienced lawyer can arrange private settlement negotiations between you and a liable party. You can use these conversations to go into the details of your legal claim before requesting compensation for your losses.
Unfortunately, some at-fault parties refuse to acknowledge the reality of your losses. If you’re struggling to secure the financial compensation you deserve, let our legal representation help you navigate the trial process. You can count on our motor vehicle accident lawyers to prepare you for discovery before transitioning you into:
- Opening statements
- Examination
- Cross-examination
- Closing statements
- Deliberation and verdict
You can expect our team to remain transparent with our legal strategies as we prepare you for the trial process. We can also keep the door open for settlement agreements should a liable party later acknowledge your right to support.
When to Contact an Insurance Company After a Drunk Driving Accident
Every driver on the road must maintain at least the state’s minimum liability insurance if they’re going to safely operate a motor vehicle alongside their peers. Anyone who hits the road without insurance can face legal consequences for their misconduct.
What does this mean for you, though? If the party responsible for your drunk driving accident has insurance, you have the right to file an insurance claim with their provider. Insurance companies can connect you with an insurance claims adjuster who can assess your losses and determine whether or not you have the right to request a settlement.
Unfortunately, insurance claims adjusters rarely have your best interests at heart. They want to save their insurance companies money. As such, you may find yourself contending with a liable party’s bad-faith conduct. Fortunately, an experienced attorney with Morelli Law Firm can keep you two steps ahead of those bad-faith tactics.
You can count on your drunk driving accident attorney in Albany to hold an insurance company accountable for your losses, be that in private conversations or civil court.
Contact our Albany Car Accidents Lawyers today
877-751-9800When to File a Personal Injury Claim Against a Drunk Driver
While you have the right to bring an insurance claim against a liable party, there are other ways to secure financial support after an accident with a drunk driver. New York gives you the right to bring a personal injury claim against the party responsible for your losses – so long as you can prove that a drunk driver’s negligence contributed to your losses.
You can work with your loved ones or an experienced Albany drunk driving accident lawyer to gather the evidence needed to meet or exceed New York’s burden of proof. After that, you can compose a personal injury claim.
Make sure you have enough data to elaborate on the value of the losses you want to be compensated if you want the right amount of support from a liable party.
You can file a personal injury claim in tandem with an insurance claim or instead of an insurance claim. However, filing these claims at the same time may impact the compensation you receive. You can have a conversation with an attorney about the interplay between your possible claims before you bring a case forward.
What Evidence to Use When Fighting for Accident Compensation
You can’t hold another party accountable for losses sustained in a car accident unless you have evidence indicating that:
- The party in question owed you a duty of care
- The party in question violated that duty
- The party’s negligence stemmed from unsafe levels of intoxication
- That intoxication caused you to endure economic losses
You have an obligation to meet the state’s burden of proof if you want to move your case forward. You can do this with help from an experienced lawyer.
Our team can return to an accident scene while you get the medical attention you need to recover from your crash. In doing so, we can begin to gather evidence key to your personal injury claim, including the following:
- Video footage of your crash
- Photos from before and after your crash
- Electronic data
- Breathalyzer tests
- Field test results
- Other chemical tests
- Debris from the accident
- Statements from witnesses
- Expert witness testimony
You can count on our team to keep you up to date on investigative developments as more evidence of another party’s fault comes to light.
Morelli Law Firm Represents Albany Car Accident Victims
If you suffered a serious injury because of a drunk or intoxicated driver in Albany, our team wants to ensure you are seeking fair compensation based on your rights and the facts of your case. An Albany drunk driving accident lawyer from Morelli Law Firm may be able to build a case and seek a claim for compensation on your behalf.
We know how to prove our clients qualify to file a fault-based claim and what it takes to hold the drunk driver responsible. This may be possible even if the other driver was not convicted of a DWI or a related charge.
We navigate this process for our clients, reducing their stress and letting them focus on healing. You can talk to a team member from Morelli Law Firm today.
Our attorneys work for accident victims in several areas of New York State, including in and around Albany, areas south of Albany, and in and around New York City. We also serve northern New Jersey and Philadelphia. We are standing by to speak with you about your drunk driving accident injuries anywhere in our service area.
Acting After a Loved One’s Wrongful Death
Unfortunately, drunk driving accidents can often prove fatal. It’s not fair that you have to live with the grief of a loved one’s untimely passing due to someone else’s inability to drive safely. Fortunately, New York’s civil statutes allow the deceased’s immediate family to take legal action on their behalf.
If you lost a spouse, parent, or child to a drunk driver’s negligence, you can sue the liable party. Morelli Law Firm invites you to connect with our personal injury lawyers to discuss how to bring a wrongful death case forward in New York’s civil courts.
We can go on to prepare that case on your behalf while you celebrate a lost loved one’s life. You can count on our team to keep you up to date as we bring together the evidence needed to get justice for your losses.
Our team can also listen for updates on the criminal side of a fatal drunk driving accident case. There’s a good chance the state of New York will charge your liable party with involuntary manslaughter or, in some cases, more severe charges. We can break down the impact those charges have on your right to recover as they come out.
Statute of Limitations and Other Deadlines in Your Crash Case
Accident victims must be aware that several deadlines apply following a New York State traffic accident. This includes:
- Notification deadlines for their PIP coverage
- Filing deadlines for their medical costs and other PIP benefits
- New York Civil Practice Law & Rules (CVP) §214, which gives victims up to three years to file a civil suit based on their injuries
Because your legal team may need to survey the scene, work with experts, canvas for witnesses, conduct interviews, and take other steps to gather evidence, we recommend reaching out to us to learn more about how we can help you with your case as early as possible.
We regularly work with clients undergoing treatment or rehabilitation and can talk with you as soon as you have an idea about the severity of your injuries.
Discuss Your Options for Compensation With Our Team Today
You may be able to secure a payout in your case with help from an Albany drunk driving accident lawyer at Morelli Law Firm. Our team holds drunk drivers accountable by filing liability auto insurance claims and civil suits when possible. We represent the victims who suffered serious injuries and other losses in these accidents based on contingency.
Our team offers complimentary consultations for those who suffered injuries in a drunk driving collision in Albany. Don’t let your fears about the cost of legal representation stand between you and the justice you deserve. Contact us today to book your first appointment with our team.
Call or text 877-751-9800 or complete a Free Case Evaluation form
