QUEENS, NY – Being struck by an impaired driver in Queens often leaves victims with serious injuries, mounting medical bills, and pressure from insurance carriers to settle quickly for less than the case is worth. Queens car accident attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C. (https://accidentlawyer-queens.com/nyc-car-crash-attorney/drunk-driver-injury/) addresses how New York treats drunk driving injury claims and what compensation may be available to those harmed by impaired drivers.

According to Queens car accident attorney Keetick L. Sanchez, a drunk driving injury claim is a civil case brought against an impaired driver, separate from any criminal case the state files. To recover, a claimant must prove the driver owed a duty to operate the vehicle safely, breached that duty by driving while impaired, that the impairment was a direct cause of the crash, and that the injured person suffered actual harm. “A blood alcohol concentration at or above the legal limit constitutes negligence per se, meaning the law considers the driver automatically negligent simply for violating the state’s impaired driving statute,” Sanchez explains.

Queens car accident attorney Keetick L. Sanchez notes that New York’s impaired driving statutes appear in Vehicle and Traffic Law Section 1192 and define several distinct offenses. Standard DWI applies at a blood alcohol concentration of 0.08 percent or higher, while Aggravated DWI applies at 0.18 percent or higher. Driving While Ability Impaired covers BAC levels between 0.05 and 0.07 percent, and impairment by drugs or a combination of substances is also prosecuted. Leandra’s Law makes it an automatic Class E felony to drive while intoxicated with a child age 15 or younger in the vehicle.

The firm handles cases involving the full range of injuries that result from drunk driving crashes, which tend to be more severe than other collisions because impaired drivers react slowly and often hit victims at high speeds. Common injuries include traumatic brain injuries, spinal cord injuries, fractures, internal organ damage, soft tissue injuries, burn injuries, and psychological trauma. Many of these qualify as “serious injury” under New York Insurance Law Section 5102(d), the threshold required before an injured person can sue an at-fault driver for pain and suffering damages outside the no-fault system.

Attorney Sanchez adds that compensation in drunk driving cases generally falls into three categories. Economic damages cover hospital bills, future medical care, lost income, reduced earning capacity, and vehicle repair. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Punitive damages may also be available because New York courts have repeatedly held that drunk driving meets the “wanton and reckless” standard for such awards. “The threat of punitive damages often pressures insurance carriers to settle for higher amounts,” Sanchez notes.

The firm also pursues claims against bars, restaurants, and social hosts under New York’s Dram Shop Act. General Obligations Law Section 11-101 allows victims to sue establishments that unlawfully sold alcohol to a visibly intoxicated person or to a minor when that person then causes a crash. A parallel claim under General Obligations Law Section 11-100 covers social hosts who provide alcohol to anyone under 21 who later causes harm. Evidence in dram shop cases often comes from receipts, surveillance video, witness statements, and toxicology reports.

The team at K L Sanchez Law Office serves clients throughout Queens, including Jackson Heights, Elmhurst, Flushing, Astoria, Long Island City, and Forest Hills, with cases filed in the Queens County Supreme Court in Jamaica. Strict deadlines apply: most personal injury claims must be filed within three years under Civil Practice Law and Rules Section 214, wrongful death claims within two years, and claims involving New York City vehicles require a Notice of Claim within 90 days.

“Calling 911, getting medical care, and contacting our office quickly preserves the evidence needed for a strong injury claim,” Sanchez advises. She emphasizes that even victims who feel uninjured at the scene should seek medical attention within 24 hours, since brain injuries and internal bleeding are not always immediately apparent.

For passengers, uninsured motorist claimants, and the families of those killed in drunk driving crashes, additional avenues of recovery may apply, including a wrongful death claim under New York’s Estates, Powers and Trusts Law and uninsured motorist coverage under the victim’s own auto policy.

About K L Sanchez Law Office, P.C.:

K L Sanchez Law Office, P.C. is a Jackson Heights-based personal injury firm focused on motor vehicle collisions, drunk driving cases, and labor law claims. Led by attorney Keetick L. Sanchez, the firm provides direct, personal representation to clients throughout Queens and the greater New York City area, with a mobile law office available for clients who cannot travel. For consultations, call (646) 701-7990.

Embeds:

Youtube Video: https://www.youtube.com/watch?v=i9Ay-Wexd-w

GMB: https://www.google.com/maps?cid=2729652254808699760

Email and website

Email: [email protected]

Website: https://accidentlawyer-queens.com/

Media Contact
Company Name: K L Sanchez Law Office, P.C.
Contact Person: Keetick Sanchez
Email: Send Email
Phone: (646) 701-7990
Address:37-06 82nd St #304
City: Jackson Heights
State: New York 11372
Country: United States
Website: https://accidentlawyer-queens.com/