Drunk Driving Accidents

Drunk Driving Accident Attorney in New York

Trial-Proven Representation for DWI Accident Victims Across New York

When a drunk driver causes serious harm, the legal stakes are higher than a standard car accident claim. These cases can involve punitive damages, dram shop liability against bars and restaurants, and insurance companies with every incentive to minimize what they pay. Since 1995, Godosky & Gentile has represented New Yorkers in exactly these high-stakes situations, bringing genuine courtroom capability to cases that demand more than a negotiated settlement.

Our trial lawyers bring over a century of combined legal experience to serious injury and wrongful death claims. Our team includes a former judge, and attorneys and judges across New York have trusted us to handle their own legal matters. That level of peer trust reflects the credibility we carry into every courtroom. We serve clients throughout all five boroughs and across New York State. Hablamos español.

If you or someone you love was injured by a drunk driver, call us at (212) 742-9706 for a free consultation, available 24/7 by phone or virtual meeting. We handle all cases on a contingency fee basis: no legal fee unless we recover compensation for you.

A Trial Record That Changes How Insurers Respond

Insurance companies calibrate their settlement offers based on who is across the table. A firm with a documented record of courtroom victories creates different pressure than one that rarely tries cases. We have secured a $9.1 million verdict in a motor vehicle accident case and a $7.8 million verdict for a pedestrian struck in Midtown Manhattan. Past results don’t guarantee future outcomes, but they do establish what we’re prepared to do when insurers refuse a fair offer.

Many of our attorneys hold the Martindale-Hubbell AV Preeminent rating, the highest peer-reviewed distinction for professional excellence and ethical standards. We treat every case as a trial file from the day we open it. In drunk driving cases, that preparation matters: punitive damages may be available when a driver’s conduct was especially reckless, and pursuing them effectively requires a firm with real trial capability, not just negotiation leverage.

How New York DWI Law Applies to Your Civil Claim

New York Vehicle and Traffic Law §1192 governs drunk driving offenses. For most drivers 21 and over, a blood alcohol concentration of .08% or higher constitutes legal intoxication. Commercial drivers face a stricter .04% limit, and drivers under 21 are subject to New York’s Zero Tolerance Law, which applies at a BAC of .02% or higher.

A DWI arrest and a civil lawsuit run on separate tracks. A criminal conviction or guilty plea can powerfully support your civil case, but the criminal process alone doesn’t compensate you. Your right to pursue a personal injury claim exists independently, and we move forward on the civil side regardless of where the criminal case stands. BAC test results, field sobriety findings, toxicology reports, and police documentation can all establish negligence per se, meaning the driver’s legal violation itself serves as evidence of fault.

No-Fault Insurance & the Serious Injury Threshold

New York is a no-fault state. Under Article 51 of the New York Insurance Law, Personal Injury Protection covers up to $50,000 in medical expenses and certain lost wages regardless of who caused the crash. What no-fault doesn’t cover is pain and suffering. To pursue those damages, your injuries must meet the state’s serious injury threshold.

That threshold includes significant disfigurement, bone fractures, permanent loss of use of a body organ or member, permanent consequential limitation of use of a body organ or member, or significant limitation of use of a body function or system. Many drunk driving accidents produce injuries that clearly qualify. When the at-fault driver’s policy limits fall short, dram shop claims, employer liability, and your own underinsured motorist coverage may provide additional recovery. In cases involving especially egregious conduct, New York courts may also award punitive damages on top of compensatory losses.

Who Can Be Held Liable in a New York Drunk Driving Accident

The intoxicated driver bears primary responsibility and can be sued in civil court regardless of any criminal proceedings. But in many cases, other parties share liability, and identifying every responsible party is critical to full recovery.

Bars, Restaurants & Licensed Establishments
New York’s Dram Shop Act holds licensed establishments civilly liable when they serve alcohol to a visibly intoxicated patron and that service contributes to injuries. A separate provision addresses situations where alcohol is furnished to someone under 21. Surveillance footage, purchase records, and staff accounts are essential evidence and can disappear quickly. We move fast to preserve them.

Social Hosts
New York imposes liability on adults who unlawfully furnish alcohol to guests under 21 who then cause a crash. If the driver who hit you was a minor served at a private party, that host may share responsibility.

Employers
When an employee driving on company business causes a drunk driving crash, the employer may be held liable under respondeat superior, which holds employers responsible for the actions of employees acting within the scope of their employment.

Compensation Available to Drunk Driving Accident Victims

New York law allows drunk driving accident victims to pursue the full range of damages a serious injury case can support. Economic damages cover past and future medical expenses, lost wages, reduced earning capacity, property damage, and out-of-pocket costs. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

In cases involving especially reckless conduct, punitive damages may be available in New York civil courts and are intended to punish the defendant and deter similar behavior. New York juries face no monetary cap on these awards. For families who lost a loved one in a fatal drunk driving accident, a wrongful death claim can recover final medical costs, funeral expenses, lost income and support, and loss of companionship and guidance.

How We Build a Drunk Driving Accident Case

We treat every case as a trial file from the start. That means gathering every piece of evidence before it disappears: police reports and BAC test results, toxicology findings, traffic camera and surveillance footage, dashcam video, witness statements, vehicle black box data, and medical records. We work with accident reconstruction analysts and medical professionals whose testimony can establish both how the crash happened and the full extent of what it cost you.

We investigate the local conditions that shape New York cases: congested avenues, complex intersections, and the bridge and tunnel traffic patterns that affect how these accidents unfold. When a bar or restaurant may be involved, we move quickly to obtain purchase records and security footage before they disappear. A thorough case file built early gives us maximum leverage in settlement negotiations and positions the case for trial if an insurer refuses a fair offer.

Steps to Take After a Drunk Driving Accident in New York

What you do in the hours and days after a crash directly affects the strength of your claim. Here’s what matters most:

Seek medical attention immediately, even if injuries seem minor. Some serious injuries have delayed symptoms, and a medical record establishes the connection between the crash and the harm.
Call 911 and request a police report. If the other driver appears impaired, tell responding officers so a sobriety test can be administered and documented.
Document the scene with photos and video if it’s safe to do so, including vehicle positions, damage, road conditions, and any visible signs of the driver’s impairment.
Collect contact information from witnesses.
Don’t give a recorded statement to an insurance adjuster before speaking with an attorney. Adjusters represent the insurer’s interests, not yours.
Preserve all records: medical bills, out-of-pocket expenses, missed work documentation, and any communications from insurers.
Contact a drunk driving accident attorney as soon as possible. Evidence from the crash scene and from the establishments where the driver was drinking can disappear fast.

Why Choose Godosky & Gentile?

Comprehensive Legal Support
From initial consultation to final resolution, delivering top-tier representation with skill, diligence, and a results-driven approach.
Recognized Expertise
Respected trial attorneys with a reputation for winning complex cases through precision, strategy, and an unwavering pursuit of justice.
Client-Centered Advocacy
Fiercely committed to securing justice and maximum compensation—because every client deserves a powerful voice in the legal system.
Decades of Proven Results
A legacy of success in high-stakes personal injury and catastrophic accident cases, built on relentless advocacy and exceptional legal strategy.

Talk to a New York Drunk Driving Accident Lawyer Today

You shouldn’t have to navigate insurance companies, dram shop claims, and punitive damage questions on your own after a serious crash. Godosky & Gentile is available 24 hours a day, seven days a week, for free consultations by phone or virtual meeting. We serve clients throughout all five boroughs and across New York State, and we handle every case on a contingency fee basis.

There’s no fee unless we recover compensation for you. Call (212) 742-9706 to speak with a drunk driving accident attorney in New York.

Frequently Asked Questions

How Long Do I Have to File a Lawsuit After a Drunk Driving Accident?

The statute of limitations for a civil personal injury claim in New York is generally three years from the date of the accident. Dram shop claims may carry different deadlines. Consulting an attorney promptly protects all available options.

Can I Sue the Drunk Driver Even If They’re Facing Criminal DWI Charges?

Yes. The civil lawsuit and the criminal prosecution run on separate tracks. A criminal conviction or plea can strengthen your civil case, but your right to seek compensation through a personal injury lawsuit exists independently of the criminal process.

What If the Drunk Driver Doesn’t Have Enough Insurance?

If the at-fault driver is underinsured, other sources of recovery may be available, including a dram shop claim against a bar or restaurant that overserved the driver, an employer liability claim if the driver was on duty at the time, or underinsured motorist coverage under your own policy.

Can I Recover Pain & Suffering Damages?

Not automatically. New York’s Personal Injury Protection covers medical expenses and some lost wages up to $50,000, but pain and suffering damages require a civil lawsuit and are only available when injuries meet the state’s serious injury threshold.

Are Punitive Damages Available in New York Drunk Driving Cases?

In cases involving especially reckless conduct, New York courts may award punitive damages in addition to compensatory damages. New York juries face no monetary cap on these awards.

Can a Bar or Restaurant Be Held Responsible for a Drunk Driving Accident?

Potentially, yes. Under New York’s Dram Shop Act, an establishment that served alcohol to a visibly intoxicated person may share civil liability for injuries that result from a crash involving that person.

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