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Drunk or Distracted Driving Accidents

When Another Driver's Choice to Impair Puts You in the Hospital

A driver who was drunk, texting, or otherwise impaired when they hit you has already broken the law. That violation is evidence of negligence, and it matters in your civil claim. New York's no-fault system requires you to report your injury within 30 days, and the statute of limitations under CPLR § 214 gives you three years to file a personal injury lawsuit. Missing either deadline can cost you the recovery you would otherwise have.

What New York Law Says About These Claims

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New York's Vehicle and Traffic Law § 1192 prohibits operating a vehicle while impaired or intoxicated, and a driver's criminal charge or conviction creates strong evidence of negligence per se in your civil case. Distracted driving carries its own statutory basis: VTL § 1225-d prohibits texting while driving, and VTL § 1225-c prohibits handheld cell phone use, both of which support a negligence claim when a violation caused your injury. Under Insurance Law § 5102(d), your civil claim must meet the serious injury threshold to recover pain and suffering damages beyond no-fault benefits, but impairment by the at-fault driver can also open the door to punitive damages in egregious cases. New York's Dram Shop Act, General Obligations Law § 11-101, allows you to bring a separate claim against a bar or restaurant that unlawfully sold alcohol to a visibly intoxicated person who then caused your accident. You have three years from the date of the accident to file a personal injury lawsuit under CPLR § 214, but the no-fault deadline to apply for PIP benefits is 30 days from the accident, and missing it can leave your medical expenses and lost wages uncovered.

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Common Causes of Drunk and Distracted Driving Accidents in New York

Impaired and inattentive drivers cause some of the most serious collisions on New York roads. Understanding what caused your crash matters for establishing liability and building your case.

COMMON CAUSES AND TYPES:

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What To Do After a Drunk or Distracted Driving Accident in New York

The steps you take in the hours and days after a crash directly affect your ability to recover compensation. New York's no-fault system has a 30-day filing deadline, and evidence can disappear quickly.

STEPS TO TAKE AFTER YOUR ACCIDENT:

Call 911 and Get a Police Report
INSERT description e.g. Your health is the most important thing. Even if you don’t feel hurt, it’s a good idea to see a doctor because some injuries might not show symptoms right away.
Seek Medical Attention Immediately
INSERT description e.g. You need to seek legal advice for your personal injury lawsuit as soon as possible. Time is of the essence if temporary factors like road conditions played a role in your accident.
Document the Scene and Preserve Evidence
INSERT description e.g. Report the accident to the police. Don’t assume that a bystander called the police. If you’re unable to call for yourself, ask someone to call on your behalf.
Consult an Attorney Before Speaking to Insurers
INSERT description e.g. If you can, collect information from the accident scene. If you’re too injured to do so, don’t delay medical treatment in an attempt to gather evidence. Leave the accident reconstruction up to your seasoned legal team.

New York's statute of limitations gives you three years from the date of the accident to file a civil claim under CPLR § 214. If the at-fault driver was charged with DWI, that criminal case moves on its own timeline and will not pause yours.

How We Prepare Drunk and Distracted Driving Cases

Many members of the Schwartzapfel Holbrook team previously worked for insurance companies, and we know how carriers evaluate impairment cases from the inside. When we take a drunk or distracted driving case, we move quickly to preserve evidence: police reports, toxicology records, cell phone data, surveillance footage, and witness statements can all disappear or degrade. We are selective about the cases we accept, and every case we take is prepared as if it will go to trial across New York City and Long Island. That preparation is why most cases resolve before reaching a courtroom, and why those that do go to trial are ready.

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Questions About Drunk or Distracted Driving Accidents in New York