Knowledgeable Car Crash Attorney for Victims in New York City and Beyond
Each year, drunk driving accidents claim the lives of innocent victims. Drunk drivers needlessly put the public at risk of serious injury or death. People who are hurt in these collisions should enlist a car accident attorney to help them hold responsible those who harmed them. For over 13 years, New York City drunk driving accident lawyer Nicholas Rose has successfully advocated on behalf of victims. He has secured many verdicts and settlements in the millions of dollars, helping those injured by the negligence of others recover damages for their harm.

Pursue Compensation in a Drunk Driving Accident Case
A victim, or the victim’s next of kin, may bring an injury lawsuit against a drunk driver to seek compensation. These claims are generally based on the legal theory of negligence.

A negligence claim alleges that an individual failed to act as a reasonable person would have acted when similarly situated. The plaintiff must show the defendant owed them a duty of care, breached this duty, and directly caused their injuries. Also, the accident must have led to quantifiable damages. A legal duty of care extends to all drivers, who are required to operate their vehicles reasonably and avoid creating risks of foreseeable harm. A breach of this duty can be demonstrated by any unreasonable conduct. Choosing to get behind the wheel while intoxicated is inexcusable and generally will be considered a breach.

To demonstrate causation in a negligence claim, the plaintiff must show that the defendant driver’s conduct directly caused their injuries. It must be clear that the accident probably would not have occurred if the defendant driver had used the appropriate level of care. Additionally, the plaintiff must have suffered quantifiable damages. These may be in the form of hospital and medical bills, as well as lost wages from work. Non-economic damages may also be recovered, including compensation associated with pain and suffering.

In some circumstances, a victim may be partly responsible for causing an accident. They may have acted carelessly, such as by texting while driving. If the plaintiff is found partially responsible for the accident, they still may recover a reduced amount of damages that is proportionate to the defendant’s degree of fault. This is in accordance with New York’s pure comparative negligence rule.

Under New York law, the victim of a drunk driving accident must pursue their negligence claim against the defendant driver within three years from the date of the crash. It is important to abide by this time limit, since courts generally will not hear cases filed after the statute of limitations.

Explore Your Options with a Drunk Driving Accident Lawyer in New York City
If you or a loved one has been seriously hurt due to the actions of a drunk driver, motor vehicle collision attorney Nicholas Rose can guide you through the legal process of pursuing compensation for your injuries. He has helped individuals throughout Manhattan, Staten Island, the Bronx, Queens, and Brooklyn, as well as in Suffolk, Westchester, and Nassau Counties. To set up a free consultation with a New York City drunk driving accident attorney, you can contact us online or call 877-313-ROSE (7673).