Top Rated Drunk Driving Accident Attorney in Albany, NY
New York’s DUI laws exist to protect residents, but they don’t stop drunk driving accidents from happening altogether. If you’re involved in a drunk driving accident, it’s important that you know what steps to take in order to hold the impaired driver accountable for their actions and recover damages for your losses. An Albany drunk driving accident lawyer can assist you with managing the claims process and securing the compensation you deserve.
A Local Albany Drunk Driving Accident Lawyer You Can Trust
The attorneys at Gattuso & Ciotoli, PLLC, have over 50 years of personal injury experience as well as experience with state DUI laws. When it comes to drunk driving accidents, our Albany personal injury lawyers know how to investigate these cases and can help you gather the information you need to support your claim.
We’re comfortable negotiating with insurance companies, and we’ve taken time to develop strong relationships with state judges. You can count on us to be the advocate you need both in and out of the courtroom. Whether you’re filing a no-fault claim with your insurance or pursuing legal action against the impaired driver, turn to Gattuso & Ciotoli, PLLC, for a legal advocate you can trust.
Filing a Drunk Driving Accident Claim in Albany, NY
Under New York’s DUI laws, impaired drivers can face serious legal consequences for causing an accident. However, this does little to compensate those injured in the incident. Separate from the criminal proceedings of drunk driving accidents, injured parties can navigate civil legal avenues to recover damages for their losses.
Drunk driving is a serious issue that can result in severe losses for the driver and anyone on or near the road while they’re driving under the influence. In a single year, 11,904 people died in drunk driving accidents across the United States. In New York specifically, it’s estimated that more than 30 percent of fatal crashes involve alcohol.
Even when drunk driving accidents don’t result in fatal injuries, victims can experience serious losses. New York is a no-fault accident state, which means drivers file with their own insurance provider to recover damages after an accident, regardless of fault. Additionally, injured parties can pursue legal action against the impaired driver if they can prove fault and file within the statute of limitations.
While no-fault claims cover your economic damages after an accident, personal injury claims allow you to recover compensation for your pain and suffering. You also may be able to recover economic damages through a personal injury claim if you’re able to meet the “serious injury” threshold.
If you intend to pursue legal action, you can expect to handle matters through the Albany City Court or the Albany County Supreme Court. Just because you file the claim doesn’t mean you have to go to court to reach a resolution. Many personal injury cases settle through negotiations with the at-fault party and their insurer. Litigation is typically a last resort to secure compensation.
You also typically must file an accident report with the Department of Motor Vehicles. It’s usually included in any forms that your insurer sends to you after an accident. It’s also possible to recover compensation for property damages after a crash. Regardless of what type of claim you’re filing, or what stage of the process you’re in, it’s wise to hire a drunk driving accident lawyer to represent you throughout your case.
At-Fault Parties in New York Drunk Driving Accidents
Believe it or not, there can be more than one person at fault in a drunk driving accident. The most obvious liable party is the impaired driver who caused the accident. If the driver was in a commercial vehicle, their employer may also be held liable in these cases.
It’s also possible for the injured party to share some fault for the incident. New York follows a modified comparative negligence law. This means that injured parties that are majority at fault don’t have a right to recover damages. If they’re only partially at fault and can file, their total recovery is reduced accordingly.
It’s possible to be held partially liable in a drunk driving accident even if you’re the sober party that got hurt. Some examples of shared liability may involve:
- Acting unsafely on or near the road
- Failing to react in a reasonable time
- Not paying attention
- Speeding or driving recklessly
New York’s dram shop laws also allow injured parties to pursue claims against the owner of the establishment that sold the impaired driver the alcohol in the first place. In order for these claims to be successful, you must prove that the business sold alcohol to an underage driver or visibly intoxicated driver who goes on to cause an accident.
How an Albany Drunk Driving Accident Lawyer Can Help With Your Case
Even in drunk driving accidents, the impaired driver’s insurance company may try to minimize the total settlement you’re owed. Furthermore, it can be hard to secure a fair settlement from your own insurance company through a no-fault claim. It’s highly recommended that you secure legal representation as soon as possible to help you submit your initial claim and advocate for you throughout the case.
Gattuso & Ciotoli, PLLC, is proud to represent clients throughout Central New York and New York State. Over the years, we’ve established a reputation as a trustworthy New York law firm amongst our clients as well as other lawyers and judges throughout the state. We have a high success rate for our past cases through settlements and judgments.*
Our attorneys go the extra mile to provide the personalized care and attention you need to recover from your accident in all the ways that count.
FAQs
How Long Do I Have to File a Claim After a Drunk Driving Accident in Albany?
How long you have to file a claim after a drunk driving accident in Albany depends on whether or not you plan to pursue legal action against the at-fault driver. New York is a no-fault accident state.
This means drivers file a claim under their own insurance policy after an accident to recover economic damages. This claim must be filed within 30 days of the accident. You can also file a personal injury claim within three years for non-economic damages.
What Do I Do Immediately After a Drunk Driving Accident in Albany?
What you do immediately after a drunk driving accident in Albany can make all the difference when it comes to filing your claim and recovering fair compensation for your losses. A good place to start is to:
- Contact law enforcement
- File a police report
- Exchange information with involved parties
- Report the accident to your insurance provider
- Take pictures, videos, and notes
- Speak to witnesses
- Seek medical attention
- Talk to an attorney
What Damages Can I Recover in an Albany Drunk Driving Accident Case?
What damages you can recover in an Albany drunk driving accident case depends on the steps you take to secure compensation. Since New York is a no-fault accident state, you can file a claim with your insurance provider to recover economic damages like:
- Lost wages
- Medical expenses
- Out-of-pocket costs
Injured parties may also have the option to file a drunk driving accident claim against at-fault parties to recover damages for losses like pain and suffering.
What Happens if the Victim Dies in a Drunk Driving Accident in Albany?
If the victim dies in a drunk driving accident in Albany, what happens next can vary. The victim’s family can choose to open a wrongful death case against the liable party strictly to recover economic damages such as:
- Funeral and burial costs
- Lost financial support
- Medical bills
A representative of the decedent’s estate is the only party that can actually pursue legal action, but they do so on behalf of the family and other affected parties.
Hire a Drunk Driving Accident Lawyer in Albany to Discuss Your Options for Recovery
The aftermath of a drunk driving accident is bound to be chaotic and confusing. It’s up to you to take initiative and gather the information you need to file a claim and recover the compensation you’re rightfully owed. Fortunately, an Albany drunk driving accident lawyer can guide you through each stage of the process.
Our team at Gattuso & Ciotoli, PLLC, has over half a century of combined personal injury experience that we’re ready to put to work for you. We’re familiar with navigating no-fault claims as well as personal injury cases in and out of the courtroom. We’re highly rated by Super Lawyers® thanks to our hard work for our clients.** You can count on our attorneys to be there to help make you whole again after a bad accident, no matter what it takes.
If you’re ready to talk to a lawyer about your case in more detail, reach out to our team to set up an initial consultation right away. We have two offices in the state from which we serve our clients. We’re located in Central New York near I-481 and I-690 and near the Upper Bay.
*Past settlements don’t guarantee future case results. Every case is unique.
**Criteria for ratings and other accolades vary by organization.