Average Hit By Drunk Driver Settlement in New York

In New York, the blend of busy streets and bustling nightlife unfortunately leads to tragic accidents caused by individuals driving under the influence. Despite stringent efforts to combat drunk driving, irresponsible decisions persist, resulting in life-changing injuries, emotional anguish, and even fatalities. 

This article delves into the landscape of DUI incidents in New York, encompassing the state’s regulations, personal injury claims, factors influencing drunk driver settlement amounts, and the average settlements sought with the assistance of a seasoned drunk driving attorney.

Injured in a Drunk Driving Accident? 

Understanding Drunk Driving Laws in New York

Drunk driving laws in New York, like in many other states, are stringent to ensure road safety and prevent accidents caused by impaired driving. Understanding these laws is crucial for both residents and visitors to the state. 

Blood Alcohol Concentration (BAC) Limits 

In New York, the legal limit for blood alcohol concentration (BAC) while operating a motor vehicle is 0.08%. This means that drivers with a BAC of 0.08% or higher are considered legally intoxicated and can face charges for driving while intoxicated (DWI). Additionally, commercial drivers are subject to a lower BAC limit of 0.04%, while drivers under the age of 21 face a zero-tolerance policy, meaning any detectable amount of alcohol in their system can result in penalties.

In cases where a driver’s BAC exceeds certain thresholds, they may be charged with aggravated DWI, which carries harsher penalties than standard DWI charges. Aggravated DWI applies to drivers with a BAC of 0.18% or higher, and penalties may include increased fines, longer license revocation periods, and mandatory participation in alcohol treatment programs.

Implied Consent Law

New York, like most states, has an implied consent law, which means that by obtaining a driver’s license, individuals implicitly consent to chemical testing of their blood, breath, urine, or saliva if suspected of driving under the influence. Refusal to submit to chemical testing can result in immediate license suspension and other administrative penalties, regardless of whether the driver is ultimately convicted of DWI.

Zero Tolerance Law for Underage Drinking

To deter underage drinking and driving, New York has a zero-tolerance policy for drivers under the age of 21. This means that any detectable amount of alcohol in the system of an underage driver can result in administrative penalties, including license suspension and fines. Repeat violations may lead to more severe consequences, including extended license suspensions and mandatory participation in alcohol treatment programs.

drunk driver settlement in new york

Personal Injury Claims in Drunk Driving Accidents

Victims of drunk driving accidents often pursue personal injury claims to seek compensation for their losses. Establishing liability and negligence is paramount, typically demonstrated by proving the intoxicated driver’s recklessness. Damages, comprising economic and non-economic losses, aim to reimburse victims for financial expenses and injuries. In cases of fatalities, surviving relatives may file wrongful death claims to cover funeral expenses and other related costs.

Insurance coverage plays a pivotal role in these claims, with the liable driver’s auto insurance policy usually covering damages. However, limitations may apply, particularly if the driver lacks adequate insurance or if damages exceed policy limits. The legal process involves investigation, negotiations with insurance companies, and potential litigation if a settlement cannot be reached.

Factors Influencing Drunk Driving Accident Settlement Amounts

Numerous factors impact the settlement amounts sought by victims after a drunk driving accident, including:

  • Severity of injuries
  • Medical expenses
  • Future medical needs
  • Lost wages
  • Pain and suffering
  • Property damage
  • Insurance coverage
  • Liability
  • Determination of fault
  • Possibility of punitive damages

Each case is unique, and the combination of these factors shapes the final settlement amount. Consulting with an experienced drunk driving attorney is crucial to ensure fair compensation.

The Role of Drunk Driving Lawyers in Pursuing Justice

Navigating drunk driving accident cases can be complex, affecting both recovery and dealings with insurance companies. Experienced drunk driving lawyers are invaluable in ensuring fair treatment and preventing exploitation by insurance adjusters. They specialize in handling cases involving accidents caused by intoxicated individuals, possessing comprehensive knowledge of DWI laws and personal injury claims.

By retaining the services of a proficient drunk driving attorney, victims significantly improve their chances of receiving just compensation for their losses. If you or a loved one has suffered injuries due to a drunk driving accident, it’s imperative to consult with a skilled attorney. Operating on a contingency fee basis, reputable lawyers in this field only charge if they win your case.


Following a drunk driving accident, seeking legal representation is crucial. Dealing with the aftermath of such incidents can be overwhelming, impacting physical recovery and emotional well-being. Experienced drunk driving lawyers not only possess the expertise to navigate legal complexities but also provide invaluable support to victims throughout the process.

If you’ve sustained injuries due to a drunk driving accident, you may be entitled to compensation. Find the perfect lawyers for your needs here.


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