Drunk driving accidents are one of the greatest dangers facing New York drivers. Drunk driving deaths account for about a third of all car accident fatalities each year in the US, totaling almost 12,000 in 2008.
Young drivers are disproportionately at risk of dying in drunk driving accidents , with people ages 21-24 accounting for over a third of all drunk driving fatalities. Nearly 75 percent of people killed in drunk driving accidents are not wearing seat belts.
For victims of New York drunk driving accidents, there are numerous ways to recover damages for injuries, medical bills, missed work, emotional suffering, or cases of wrongful death. One of these ways is dram shop liability laws.
Dram shop liability holds accountable bars and restaurants who serve alcohol to visibly drunk patrons. For instance, if someone goes to one of Manhattan's many clubs, gets falling-down drunk, then gets into their car and kills someone in a crosswalk, the club is partially responsible for the accident.
Under New York dram shop laws, the circumstances under which a bar, restaurant, or club can be held legally responsible for a drunk driving accident are very narrow. Because it is unrealistic to expect a bartender to take full account of someone's alcohol intake, the patron must be visibly and obviously intoxicated when they are served in order for the business to be held responsible.
Proving dram shop liability involves showing that the bar or restaurant knew, or should reasonably have known, that their customer was intoxicated, and that the intoxication led directly to a drunk driving accident that injured or killed another person. A witness is required to verify the intoxication of the person, as well as police and toxicology reports from the accident.
Assessing dram shop liability is a technical and extremely detailed legal process. If you or someone you love have been the victim of a New York drunk driving accident , it is important that you immediately contact an attorney. An experienced and aggressive Manhattan drunk driving accident lawyer can help you prove dram shop liability, and fight for your rights in a court of law.
Before you talk to the insurance companies, call the law firm of Rappaport, Glass, Greene, and Levine. Our Manhattan drunk driving accident lawyers will not rest until the people responsible for your New York drunk driving accident are brought to justice and your life is put back together.
