The obvious answer is you sue the driver and the owner of the vehicle that hit you. The next question is: If you were seriously injured, how much insurance would the vehicle that hit you carry? Unfortunately, in New York, a car only has to have $25,000 in insurance coverage, and even a car for hire such as a taxi or car service needs only to have $100,000. Clearly, if you suffered a serious injury neither $25,000 or a $100,000 is enough insurance to adequately compensate you for your injuries.
If the driver that hit you was a drunk driver, then there are other defendants to possibly pursue. In New York, there is the Dram Shop Law as well as Social Host liability.
The Dram Shop Law applies to bars, clubs, restaurants, and other establishments that are licensed to serve liquor. The term Social Host refers to a private individual who served liquor to the intoxicated driver. New York State lets you bring a claim for compensation from a liquor seller or a social host who provided liquor to an intoxicated person.
If a bar, club, or restaurant served liquor to an underage person who is then the driver of the vehicle that hit and injured you, or if they served an already intoxicated person with more liquor, then the Dram Shop Law says that you can hold them legally responsible for the injuries caused by their intoxicated customers.
Under New York Law, it is illegal to sell liquor to anyone under twenty-one years of age or anyone who is visibly intoxicated.
Most establishments that serve liquor will usually have a substantial insurance policy to cover them from claims that are made under the Dram Shop Law. We recently had a case on Long Island where a pedestrian was struck by a car driven by an intoxicated driver. The car only had $100,000 in coverage but the injuries were very serious. We sued the bar where he had been drinking and obtained a $1 million settlement from the bar’s insurance company.
Social Host liability simply refers to someone who hosts a party and serves liquor. If an intoxicated person then leaves the party and causes an accident, then the Host can be held legally responsible.
The aim of the Social Host Law is to prevent underage drinking by imposing legal liability on the hosts. The Social Host could be held liable for damages if an underage or intoxicated person leaves the Host’s premises and causes injuries while driving intoxicated.
Once you establish what is called “liability” under either the Dram Shop Law or the Social Host Law, then you are entitled to compensation for all of your injuries and damages, which can include:
Your medical expenses for your treating doctors, hospitals, and rehabilitation, for whatever you paid in the past and will need for the future:
Your lost wages, both past and future:
Your past and future pain and suffering:
Under New York’s Dram Shop Law, you may also seek punitive damages. Punitive damages are intended to punish a wrongdoer for their wrongful conduct.
If you are reading this, you also need to understand that in order to bring either a Dram Shop Law or Social Host Law case, it is not enough to simply prove that the driver was drunk. You also need to prove that whoever served this driver with liquor knew that the driver was already intoxicated and yet continued to provide more liquor.
Establishments that serve liquor must train their bartenders and servers to know when someone is visibly intoxicated and to cut someone off from any more drinks. How were they behaving? How were they speaking? How were they walking?
As you can see, it requires an attorney who is experienced with these types of cases to know how to gather the evidence necessary to prove your case and also have the financial resources to hire the experts needed.
Why Choose Jaroslawicz & Jaros, PLLC, for Your Accident Case?
For over 45 years, Jaroslawicz & Jaros, PLLC, has fought for injured clients to secure the compensation they deserve. To date, we’ve recovered more than $2 billion for our clients, including hundreds of settlements and verdicts surpassing $1 million. Aside from our proven success, clients also appreciate the personalized attention we bring to every case as can be seen by our hundreds of positive client reviews and testimonials.
When you work with Jaroslawicz & Jaros, PLLC, you’ll always communicate directly with your attorney, not a paralegal or a secretary. We pride ourselves on being accessible and responsive. We’ve worked hard for our clients. Let us put our knowledge, compassion, and experience to work for you.
Schedule Your Free Consultation Now
If you’ve been injured by a drunk driver, you deserve the legal guidance you can trust. At Jaroslawicz & Jaros, PLLC, we offer a free consultation to discuss the details of your case, review your options, and explain how we can maximize your compensation.
Call 212-227-2780 or fill out our online contact form to get started.
You can reach partner Abraham Jaros with any questions or for a free consultation:
Cell: 917 842 9544
Email: ajaros@lawjaros.com
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