In New York, drunk drivers could face serious penalties for their failure to comply with the law. Additionally, they could face a civil lawsuit for the victim’s injuries. Drivers who have failed to manage these accidents through insurance present a legal avenue for litigation. Drunk driving car accidents attorneys in Newburgh, NY help the victims of these accidents.
Waiting for the Conviction
The first step for filing a legal claim against the at-fault driver is to determine if they were convicted of a DUI. The conviction could present a legal avenue for litigation. However, upon the conviction, the driver may be required to pay restitution to the victim. The value of restitution could play a role in the civil case.
A Lack of Insurance Coverage
Any driver who fails to comply with insurance laws places themselves at risk of a lawsuit. According to the law, the state requires all drivers to acquire at least auto liability coverage. The coverage pays for the expenses incurred by the victim. This includes medical payment requirements as well as property damage repairs that are needed after the accident.
Comparative Fault Rulings
Comparative fault rulings apply if the victim committed moving violations. The court assigns a percentage to any moving violation the victim commits. This percentage determines if the value of their award is reduced due to these rulings. Typically, any percentage over fifty could forfeit the victim’s right to compensation.
Calculating the Losses
The victim’s losses are calculated according to medical expenses, property damage repairs, and other financial losses. This includes wages that were lost due to the necessary recovery period. This includes any benefits that were lost as a result of an inability to work. The total losses are calculated and presented in the claim.
In New York, drunk drivers are penalized according to their blood-alcohol content reading. These readings define whether they were guilty of a DUI or an aggravated DUI. Any offense connected to an auto accident could increase these penalties. Victims of these accidents contact drunk driving car accidents attorneys in Newburgh, NY through the Law Offices of Okasi & Okasi or Visit online for further details now.
