A man is in custody after he was accused of killing a passenger in a DWI accident, according to recent reports. The 29-year-old man was driving a 2014 Porsche when he hit an empty, parked school bus on the street outside PS22 Thomas Jefferson Elementary School. His female passenger was declared dead at the scene, while the driver was arrested and charged with DWI.
Liability in New York DWI Accidents
New York state law requires drivers to maintain control of their vehicles and avoid ingesting alcohol or drugs before getting behind the wheel. In New York, any blood alcohol concentration of more than .08 percent can be grounds for a criminal DWI charge.
However, a criminal charge has nothing to do with recovering damages in a civil lawsuit. Criminal charges hold the driver responsible for illegal behavior but do not compensate the victims for the injuries they may sustain in the crash. In order to collect payment for medical bills as well as pain and suffering, the victims must file a civil lawsuit against the driver.
Can I Collect From A DWI Driver?
One of the biggest problems with a DWI case is that the driver is often operating the vehicle without a license or insurance coverage. Even in cases in which the driver is insured, the insurance company may be reluctant to pay damages.
It is very important for victims of DWI accidents to understand their rights and find the right strategies to seek compensation for their injuries. There may be options available to them that are not necessarily traditional in car accident cases, but which may result in payment of damages. For example, the victims may be able to file a suit against the person who owns the car in addition to the driver, particularly if the owner allowed a drunk driver to operate the vehicle. The victim may also be able to file against a third party such as a bar or restaurant if the establishment served the alcohol illegally to a minor.
Whatever the circumstances of your DWI crash injuries, you may benefit from having the advice and support of an attorney with experience in these types of cases. The lawyers at Fitzgerald Law Firm in New York have helped many victims of DWI crashes collect compensation for their injuries, including payment of medical expenses and other costs. Call today for a free consultation.