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Seek Justice for Drunk Driving Injuries

Drunk driving accidents in New York are a devastating and entirely preventable consequence of individuals that choose to get behind the wheel while impaired by alcohol. These accidents have far-reaching consequences, causing severe injuries, permanent disabilities, and even loss of life. In New York, the law takes a strong stance against drunk driving due to its inherent dangers and the potential harm it poses to innocent motorists, pedestrians, and passengers.

Have you or a loved one been injured in a drunk driving accident in New York? Dealing with the aftermath of such a traumatic event can be overwhelming, but you don't have to face it alone. Our team of drunk driving accident lawyers in New York City at the Law Offices of Michael S. Lamonsoff is dedicated to fighting for your rights, seeking justice, and obtaining the highest possible compensation you are entitled to.

Over $500 million in verdicts & settlements for our clients

His clients call Michael Lamonsoff “The Bull” because he never stops fighting for them. Thanks to “The Bull” and his team of top-rated litigators, the Law Offices of Michael S. Lamonsoff, PLLC., is consistently rated as one of the top personal injury law firms in New York City.

See More Client Results

$1,000,000 Settlement in a Slp & Fall Accident
$1,000,000 Settlement in a Truck Accident
$1,000,000 Settlement in a Premises Liability Accident
$1,000,000 Settlement in a Slip & Fall Accident
$1,000,000 Awarded in a Construction Accident
$1,000,000 Awarded in a Truck Accident
$1,000,000 Awarded in a Car Accident
$1,000,000 Settlement in a Car Accident
$1,000,000 Settlement in a Premises Liability Accident
$1,000,000 Settlement in a Construction Accident
$1,000,000 Awarded in a Construction Accident
$1,000,000 Awarded in a Construction Accident
$1,000,000 Settlement in a Personal Injury Case
$1,000,000 Settlement in a Car Accident
$1,000,050 Verdict in a Car Accident Case
$1,000,050 Awarded in a Bus Accident Case
$1,000,180 Awarded in a Wrongful Death Case Involving an Infant
$11,000,000 Verdict Awarded to a Victim of a Bus Accident
$11,750,000 Awarded to a Victim of Wrongful Conviction
$12,000,000 Settlement in a Construction Accident Case
$12,157,000 Settlement in a Train Derailment Case
$1,245,000 Settlement in a Slip & Fall Accident
$1,245,000 Settlement in a Slip & Fall Accident
$1,250,000 Settlement in a Car Accident
$1,250,000 Settlement in a Ceiling Collapse
$1,250,000 Awarded in a Motorcycle Accident
$1,250,000 Awarded in a Car Accident
$1,275,000 Settlement in a Pedestrian Accident
$1,350,000 Settlement in a Pedestrian Accident
$1,375,000 Awarded in a Bicycle Accident
$1,400,000 Settlement in a Construction Accident
14,000,000 settlement at trial for injured worker
$1,450,000 Awarded in a Construction Accident
$1,495,000 Awarded in a Car Accident Case
$1,500,000 Settlement in a Construction Accident
$1,500,000 Settlement in a Slip & Fall Accident
$1,500,000 Settlement in a Slip & Fall Accident
$1,500,000 Recovered in a Construction Accident
$1,500,000 Awarded in a Car Accident
$1,600,000 Awarded to a Victim in a Truck Accident
$16,000,000 Verdict Awarded to a Victim of Sexual Abuse
$1,637,500 Verdict in a Slip & Fall Accident
$1,650,000 Awarded in a Pedestrian Accident
$1,675,000 Awarded in a Car Accident
$1,700,000 Awarded to Victim of a Slip & Fall Accident Case
$1,750,000 Awarded in a Construction Accident
$1,750,000 Awarded in a Bicycle Accident
$1,785,000 Settlement in an Elevator Accident
$1,800,000 Awarded in a Car Accident
$1,950,000 Awarded in a Construction Accident
$2,000,000 Awarded to Victim of a Ceiling Collapse Case
$2,000,000 Settlement in a Construction Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Settlement in a Truck Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Recovered in a Truck Accident
$2,000,000 Obtained in a Truck Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Recovered in a Bicycle Accident Case
$2,100,000 Settlement in a Construction Accident
$2,130,000 Settlement in a Truck Accident Case
$2,152,500 Settlement in a Car Accident
$2,200,000 Awarded in a Construction Accident
$2,350,000 Awarded in a Construction Accident
$2,400,000 Awarded in a Train Accident
$2,400,000 Settlement in a Construction Accident
$2,400,000 Settlement in a Car Accident
$2,400,000 Awarded in a Construction Accident
$2,500,000 Awarded in a Construction Accident
$2,500,000 Awarded to a Metal Worker in a Construction Accident
$2,500,000 Awarded in a Car Accident
$2,500,000 Awarded in a Construction Accident
$2,750,000 Awarded to a Victim of a Construction Accident
$2,750,000 Awarded to victim of a Car Accident Case
$2,785,668 Verdict for a Victim of a Pedestrian Accident
$2,800,000 Settlement in a Pedestrian Accident Case
$2,800,000 Settlement in a Construction Accident Case
$3,100,000 Awarded to a Car Accident Victim
$3,100,000 Awarded to a Worker in a Construction Accident
$3,200,000 Settlement for a Worker Injured in a Construction Accident
$3,500,000 Awarded to a Worker in a Construction Accident Case
$3,500,000 Awarded to victim of a Truck Accident Case
$37,000,000 Awarded in a Construction Accident Case
$3,710,000 Awarded to a Victim in a Shooting Incident
$3,750,000 Awarded in a Construction Accident Case
$4,000,000 Settlement for a Trip & Fall Accident
$4,000,000 Settlement in a case for a Truck Driver
$4,000,000 Settlement in a Construction Accident Case
$4,000,000 Awarded to Families of Flight 587 Victims
$4,010,000 Verdict Awarded to Victim in a Police Abuse Case
$4,100,000 Settlement in a Construction Accident Case
$4,500,000 Settlement in a Construction Accident Case
$4,602,312 Verdict Awarded to Client in a Car Accident
$4,750,000 Awarded to an Injured Construction Worker
$5,000,000 Awarded to a Laborer Injured on a Construction Site
$5,000,000 Settlement Awarded to a Victim of a Slip & Fall Injury
$5,500,000 Verdict Awarded to a Worker at a Construction Site
$5,750,000 Awarded to a Laborer Injured at a Construction Site
$6,500,000 Settlement in a Construction Accident Case
$7,000,000 Awarded in a Construction Accident Case
$9,000,000 Awarded to a Victim of Municipal Assault
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The "Serious Injury" Threshold in New York

The serious injury threshold is established in Section 5102(d) of the New York State Insurance Law. According to this law, a person can pursue a claim for non-economic damages if they have sustained a "serious injury" because of the accident.

New York's serious injury threshold categorizes various types of injuries that qualify as "serious," including:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Fractures
  • Loss of a fetus
  • Permanent loss or limitation of a body organ or member
  • Significant limitation of use of a body function or system
  • Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute their usual and customary daily activities for not less than 90 days during the 180 days immediately following the accident.

It's important to note that meeting the "serious injury" threshold does not automatically guarantee a successful claim. The injured party still needs to establish that the accident was caused by the negligence or wrongful conduct of another party and provide evidence of the damages suffered.

Drunk Driving Personal Injury Liability Laws in New York

Here are some key aspects of drunk driving personal injury laws in New York:

Driving While Intoxicated (DWI)

In New York, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for drivers aged 21 and older. For commercial drivers, the BAC limit is 0.04%, and for drivers under the age of 21, a BAC of 0.02% or higher is considered illegal.

Civil Liability

In addition to criminal penalties, drunk drivers could face civil liability for the injuries and damages they cause in accidents. Victims of drunk driving accidents have the right to pursue a personal injury claim against the impaired driver to seek compensation for their injuries, medical expenses, lost wages, pain and suffering, and other damages.

Statute of Limitations

In New York, there is a specific time limit, known as the statute of limitations, within which a personal injury claim must be filed. Generally, personal injury claims related to drunk driving accidents must be filed within three years from the date of the accident.

Insurance Coverage

New York requires all drivers to carry minimum liability insurance coverage. If you are injured in a drunk driving accident, you may seek compensation from the at-fault driver's insurance company through a personal injury claim.

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What is the Dram Shop Law in New York and How Might it Factor into My Drunk Driving Injury Claim?

The Dram Shop law in New York holds certain establishments accountable for serving alcohol to individuals who are visibly intoxicated or to minors.

  • Liability of Establishments: Under the New York General Obligations Law Section 11-101, establishments such as bars, restaurants, clubs, taverns, and social hosts can be held liable for injuries caused by a visibly intoxicated person or a minor to whom they have served alcohol.
  • Visible Intoxication Standard: To establish liability under the Dram Shop law, it must be proven that the establishment served alcohol to a person who was visibly intoxicated. Visible intoxication refers to clear signs that a person's consumption of alcohol has significantly impaired their coordination, mental faculties, or judgment.
  • Prohibited Alcohol Service: The Dram Shop law prohibits establishments from serving alcohol to individuals who are visibly intoxicated. It is the responsibility of the establishment to monitor the behavior and appearance of their patrons and refrain from serving alcohol to those who exhibit signs of intoxication.
  • Liability for Minors: The Dram Shop law also holds establishments accountable for serving alcohol to minors (individuals under the legal drinking age). Establishments can be held liable if they served alcohol to a minor who subsequently causes injury to themselves or others due to alcohol consumption.

Impact of Dram Shop Law on Your Injury Claim in NYC

If you were injured in a drunk driving accident in New York, the Dram Shop law may factor into your claim if there is evidence to support that an establishment served alcohol to the visibly intoxicated driver who caused the accident. By establishing that the establishment violated their duty of care, you may be able to hold them partially responsible for your injuries and seek compensation from them in addition to pursuing a claim against the intoxicated driver.

It's important to note that New York follows a comparative negligence system, which means that multiple parties may share liability for an accident. If both the establishment and the drunk driver contributed to the accident, our lawyers can pursue your claim against both to maximize the amount of compensation you can recover.

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Are You Ready to Fight for Justice?

If you or a loved one has been injured in a drunk driving accident, it's time to unleash the power of "The Bull." Michael S. Lamonsoff, the renowned drunk driving accident attorney in New York, is here to fight for your rights and seek the justice you deserve.

Don't let the devastating impact of a drunk driving accident go unanswered. With "The Bull" and his team of personal injury lawyers in NYC on your side, you can take a stand against impaired drivers and hold them accountable for their reckless actions.

Michael's relentless determination and unwavering advocacy will ensure your voice is heard, your story is told, and your rights are protected.

Take the first step towards justice today. Call the Law Offices of Michael S. Lamonsoff and let "The Bull" charge into action for you. Call us at 212-962-1020 or reach us online to request your free consultation.

Member of:

  • Board of Directors of NY State Trial Lawyers Association
  • American Association for Justice
  • NY County Lawyers Association

Educated at:

  • University of Arizona
  • Benjamin N. Cordozo School of Law
  • Double post-masters degrees in psychology at Columbia University

Awards:

  • 6X Super Lawyers Panel
  • Million Dollar and Multi Million Dollar Advocates Forum
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