Being hit by a drunk driver can change your life in seconds. You may suffer painful injuries, emotional trauma, and serious financial stress. Worse, dealing with insurance companies and legal processes only adds to the burden. If you were in a car accident in the Bronx, New York, involving a drunk driver, it’s critical to know your rights and what steps to take next.

We’ll walk you through what happens after a drunk driving accident, who may be held responsible, how to file a claim, and why having an experienced car accident lawyer in the Bronx, New York is essential.

Immediate Steps to Take After Being Hit by a Drunk Driver

First and foremost, prioritize your safety. If you are physically able, call 911 right away. Emergency responders can provide medical help and ensure the police document the scene. A police report will be critical evidence later on.

Next, if it’s safe, take photos of the scene. Capture damage to vehicles, road conditions, visible injuries, and anything else that looks relevant. Collect contact information from witnesses. Avoid confrontations with the drunk driver, but note their behavior. Slurred speech, stumbling, or the smell of alcohol can support your case.

Always accept medical care. Even if you feel okay initially, symptoms may appear later. Early medical records will connect your injuries directly to the crash, which helps your claim.

Understanding Drunk Driving and Liability in New York

Driving under the influence of alcohol is illegal and extremely dangerous. In New York, a driver with a Blood Alcohol Content (BAC) of 0.08% or higher is legally intoxicated. If a driver caused a crash while impaired, they may face criminal charges—but that doesn’t automatically compensate you.

Drunk drivers are generally considered negligent under civil law. This means they can be held financially responsible for your injuries and damages. If you are in the Bronx, New York, working with a local car accident lawyer ensures you have someone who knows state laws and local procedures.

Who Can Be Held Responsible in a Drunk Driving Accident?

The drunk driver is the most obvious party, but they might not be the only one held liable. In some cases, New York’s Dram Shop Laws come into play. These laws allow victims to sue bars or restaurants that over-served alcohol to the driver who caused the crash.

In addition, if the drunk driver was working at the time of the accident, their employer might be responsible under the legal principle of “vicarious liability.” If the car was borrowed, the vehicle owner may also be named in a claim.

A skilled Bronx car accident lawyer can investigate all possible liable parties. The more parties you can hold accountable, the more compensation you may be able to recover.

What Types of Compensation Can You Recover?

Victims of drunk driving accidents in New York may be entitled to various types of compensation. Medical expenses are the most obvious. You can also pursue lost wages if your injuries prevent you from working. Pain and suffering, emotional distress, and loss of enjoyment of life are common in serious accidents.

If the drunk driver’s conduct was especially reckless, you might also be awarded punitive damages. These are designed to punish the driver and deter similar behavior.

Your Bronx car accident attorney can help calculate all of your damages to make sure you don’t settle for less than you deserve.

The Role of Insurance in Drunk Driving Accidents

New York is a no-fault insurance state. This means your own insurance will cover some of your medical bills and lost earnings, regardless of who caused the accident. However, if your injuries are serious, you may be able to step outside the no-fault system and file a lawsuit.

Serious injuries might include broken bones, significant disfigurement, or permanent limitations. Proving the severity of your injuries is crucial in these cases. This is where documentation from your doctors, photos, and witness statements play a huge role.

A car accident lawyer in the Bronx, New York can help determine if your injuries meet the legal threshold to file a personal injury lawsuit.

Gather Evidence to Strengthen Your Case

The more evidence you have, the stronger your case becomes. Police reports, breathalyzer or blood test results, photos, videos, and medical records all contribute to showing the drunk driver’s fault and the extent of your injuries.

Don’t forget about witness testimony. If someone saw the driver drinking or witnessed the crash, their statement could be key.

Sometimes, an attorney may bring in expert witnesses, such as accident reconstructionists, to further solidify your claim. This type of evidence is often necessary when the insurance company denies responsibility.

Why You Shouldn’t Trust the Insurance Company

Insurance companies often appear helpful at first. However, their goal is to minimize payouts. They may offer a low settlement quickly, hoping you’ll accept before understanding your full injuries.

They might even try to blame you. If they can shift partial fault onto you, they can reduce how much they owe. New York follows a comparative negligence rule, which means your compensation is reduced by your percentage of fault.

Never sign anything or give a recorded statement without talking to a car accident attorney first. Having a Bronx-based lawyer who deals with these tactics every day can protect your rights.

How a Car Accident Lawyer in the Bronx Can Help

When you hire an experienced Bronx car accident lawyer, you gain a dedicated advocate. Your attorney will handle communication with insurers, gather evidence, negotiate settlements, and prepare for trial if needed.

They will also help you understand deadlines, like New York’s statute of limitations. Generally, you have three years from the date of the crash to file a personal injury lawsuit. However, some circumstances can shorten that time.

You need someone who understands both the legal system and the emotional toll an accident takes. A compassionate attorney will help you move forward with confidence.

Dealing With Criminal Charges Against the Drunk Driver

When a drunk driver is charged criminally, you may be called to testify. Their criminal case is separate from your civil claim. Even if they go to jail or pay fines, that doesn’t automatically mean you’ll receive compensation.

Still, a criminal conviction can support your civil case. It shows clear wrongdoing and strengthens your position in negotiations or at trial.

A Bronx lawyer who understands both sides of the legal process can coordinate with prosecutors and keep you informed throughout.

Common Injuries After a Drunk Driving Accident

Unfortunately, drunk driving crashes often cause severe injuries. These may include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Broken bones
• Internal organ damage
• Burns or disfigurement

Recovery may take weeks, months, or even years. Some injuries never fully heal. That’s why it’s so important to fight for full compensation. You deserve coverage for both current and future medical needs.

Wrongful Death Claims in Fatal Drunk Driving Accidents

If you lost a loved one because of a drunk driver, you may be able to file a wrongful death lawsuit. This can help cover funeral expenses, loss of financial support, and the emotional toll of the loss.

Only certain family members can file this type of claim, including spouses, children, or parents. A Bronx car accident attorney can guide you through this process with care and respect.

Final Thoughts: You Deserve Justice After a Drunk Driving Crash

No one should suffer because someone else chose to drive drunk. If you’re injured or grieving after a car accident with a drunk driver in the Bronx, New York, know that you have legal options.

An experienced lawyer will fight for the compensation you need to heal and move forward. Don’t navigate the legal system alone. Let someone stand by you every step of the way.

Call 844-3-RIGHT-BY-YOU (844) 374-4482. Mesadieu Law. Right By You.