Being injured by a drunk driver can leave you facing treatment, mounting medical bills, lost income, and questions about how to pay for the care you need. You may also be receiving updates about an arrest while trying to understand your own legal options. A Queens drunk driving accident lawyer can help you pursue compensation and handle the legal work while you focus on recovery.
The Rothenberg Law Firm represents people and families harmed by impaired drivers. We bring more than 55 years of personal injury experience to investigating serious accidents, identifying available claims, and preparing cases for trial when necessary.
Representation for People Injured by Drunk Drivers
We help injured drivers, passengers, pedestrians, bicyclists, and motorcyclists understand their options after an alcohol-related collision. A rear-end crash, a driver entering opposing traffic, or a vehicle striking someone in a crosswalk can lead to weeks of treatment or lasting changes to daily life.
Our work begins with the circumstances of your accident, your property damage, and the help you need now. We review medical expenses, lost wages from time away from work, and the practical effects of your injuries. We also investigate who may be responsible and which insurance policies may apply.
The Rothenberg Law Firm invests time and resources in serious injury cases. We explain important decisions in plain language and pursue the full compensation available under the law. You can ask questions about your case without needing to understand legal terminology first.
Your Injury Claim and the Criminal Case
A drunk driving crash can lead to a criminal prosecution and a civil injury claim. Prosecutors handle criminal charges. Your injury attorney, acting as your dedicated car accident attorney, pursues compensation for the losses caused by the collision.
Evidence from an investigation, such as officer observations, testing records, and witness accounts, may also help support the injury case. We identify relevant material and seek access through the appropriate legal channels. We can assess your civil options while the criminal matter develops.
You do not need to wait for the criminal case to finish before contacting us. Early legal attention allows us to review notices from insurance adjusters and insurance companies, preserve evidence, and identify deadlines for your claim. If you have been given a report number or a contact at the investigating agency, keep that information for your attorney.
Who May Be Responsible for a Drunk Driving Crash
The investigation begins with the impaired driver and the conduct that caused the collision. It also examines other people or businesses whose legal responsibilities may be relevant.
The Driver and Vehicle Owner
A driver who causes an accident through negligent or reckless driving, such as intoxication or distracted driving, may be responsible for the resulting injuries. We examine the collision evidence, including the driver's movements, traffic controls, and available recordings.
New York's vehicle owner liability law may also support a claim against an owner who permitted the driver to use the vehicle. We review ownership, permission, and coverage to identify the parties against whom a claim may be available.
An Employer or Other Business
If the driver was working at the time, we examine the relationship between the trip and the driver's employment. A delivery, commercial transport, or other work assignment may make a company's conduct and insurance relevant. The employer's role requires a case-specific review of the driver's duties and the circumstances of the trip.
A Business That Unlawfully Sold Alcohol
New York's Dram Shop Act can provide a claim when an unlawful alcohol sale causes or contributes to intoxication that leads to injury. For example, a bar or restaurant may face liability for selling alcohol to a visibly intoxicated person whose intoxication contributes to a crash.
When the facts point to alcohol service before the collision, we can investigate receipts, available video, and witness information. New York also provides a separate potential claim involving someone who unlawfully furnishes alcohol to a person under 21, knowing or having reasonable cause to believe the person is underage, and knowingly causes the intoxication or impairment that results in injury.
Paying for Medical Care and Pursuing Compensation
No-Fault Benefits for Eligible Injured People
New York's no-fault insurance system can help eligible crash victims pay accident-related medical expenses and receive partial wage replacement, regardless of who caused the collision. Identifying the correct insurer and submitting the required information promptly are important early steps.
We can review your situation and explain which benefits may apply. Coverage depends on factors such as the vehicle involved and your role in the accident. Tell us whether you were driving, riding as a passenger, walking, cycling, or riding a motorcycle so we can assess the appropriate claims.
Compensation Through an Injury Claim
An injury claim may seek compensation for losses beyond available no-fault benefits, potentially including punitive damages and other legally recoverable harm. Depending on your injuries and the applicable law, the claim may address:
- Medical treatment, rehabilitation, and future care needs.
- Lost income and reduced ability to earn a living.
- Assistance at home and necessary accommodations for a lasting disability.
- Physical pain, emotional distress, and the effect of injuries on daily activities.
- Scarring, disfigurement, or permanent limitations.
We review how New York's serious injury rules apply to a claim for pain and suffering and other non-economic damages, using medical evidence to document the injuries. A careful evaluation also considers future treatment and work limitations, so settlement discussions account for needs that may continue after the initial recovery period.
For more information about the broader claims process, visit our Queens car accident lawyer page.
How a DUI Injury Lawyer Builds Your Claim
The evidence should explain the collision, the driver's conduct, and how the injuries have affected you. Our investigation may include:
- Police reports and relevant records from the impaired-driving investigation.
- Available alcohol testing records, including blood alcohol content (BAC) results, and observations made by responding officers.
- Dashcam, traffic camera, or nearby surveillance footage.
- Witness accounts, scene photographs, and vehicle damage information.
- Records relevant to a commercial driver's work or unlawful alcohol service.
- Medical records, employment information, and appropriate professional analysis.
We may work with accident reconstruction professionals, medical professionals, or other qualified specialists when the case calls for their input. Their analysis can help explain what happened and the care or support you may need in the future.
Your account also matters. Difficulty returning to a physical job, needing help with childcare, or being unable to manage familiar daily tasks can show how an injury has changed your life. We take time to understand those changes and document the losses relevant to your claim.
What to Do After a Suspected Drunk Driving Accident
Your immediate safety and medical needs come first. Call 911 if anyone is injured or there is an immediate danger. Tell responding officers what you observed about the collision and any suspected impairment, and let them investigate.
If it is safe and you are able, collect contact and insurance information, photograph the scene and vehicles, and note witness names and phone numbers. Save any dashcam recording. A family member may be able to help organize this information while you receive care.
Keep medical paperwork, prescriptions, receipts, insurance letters, and records of missed work in one place. Let your treating providers know about your symptoms and follow their medical guidance. Bring any questions about treatment to a qualified medical professional.
An attorney can help obtain records you do not have. You can read more about evidence that may support a car accident case. Before signing a settlement or release, have a lawyer review what it covers and how it relates to your injuries and future needs.
Insurance Options When the Driver Has Limited Coverage
The driver's insurance is one part of the coverage review. Depending on your policies and the facts, uninsured or supplementary uninsured/underinsured motorist coverage may provide another route to compensation after a collision with an uninsured driver, a driver with insufficient coverage, or a hit-and-run driver.
We review potentially applicable policies, including relevant household coverage, and assess claims against the at-fault party and other responsible entities. If you do not know whether you have this coverage, provide the insurance documents you have so we can examine them. Each policy has requirements that should be reviewed promptly.
Filing Deadlines After a Queens Drunk Driving Accident
Under the state's statute of limitations, New York generally allows three years to file a personal injury lawsuit arising from a negligent driving accident. Insurance deadlines can arrive much sooner.
For example, written notice for a no-fault claim generally must be submitted within 30 days of the accident. The New York Department of Financial Services explains this requirement and the provision for a clear and reasonable justification for late notice.
Wrongful death claims and matters involving public entities have separate timing rules. We review the relevant dates and parties so the appropriate claims and notices receive attention. Contact us promptly even if you are unsure how much time has passed or whether an insurer has already received paperwork.
What Working With Our Firm Involves
During your free evaluation, we listen to what happened and discuss your injuries, treatment, and immediate concerns. Share what you know about the other driver, any police investigation, and the insurance correspondence you have received. You do not need a complete set of records to begin the conversation.
If we agree to represent you, we explain the fee agreement and develop a plan for investigating and pursuing your claims. We handle legal communications and negotiations within the scope of the representation, discuss offers with you, and prepare for litigation when necessary. Learn more about our case process.
The evaluation considers both the evidence of responsibility and the full impact of your injuries. As treatment progresses, we review new information about recovery, future care, and work capacity so you can make informed decisions about a proposed resolution.
Speak With a Queens Drunk Driving Accident Lawyer
You can get help understanding your options while you recover. The Rothenberg Law Firm serves injured people and families throughout Queens from our Forest Hills office.
Queens Drunk Driving Accident Frequently Asked Questions
How much does a drunk driving accident lawyer cost?
The Rothenberg Law Firm provides free case evaluations and handles personal injury lawsuits on a contingency-fee basis. Attorney's fees are payable only if there is a recovery. We explain how fees and case expenses are handled before representation begins.
Can I pursue a claim if the driver was not arrested?
You may still have a valid personal injury claim based on the driver's conduct and the evidence of the collision. An attorney can investigate available records and witnesses and assess the civil case regardless of whether an arrest occurred.
Can I bring a claim if I was a passenger in the drunk driver's car?
An injured passenger may have claims for insurance benefits and compensation. We can review the vehicle's coverage, the circumstances of the collision, and other potentially available policies. Contact us to discuss your situation, including if the driver was someone you know.
What if a loved one died in the crash?
We can review potential wrongful death and estate injury claims and explain the role of a court-appointed estate representative. New York generally requires a wrongful death lawsuit within two years of death. Families can seek a consultation before estate paperwork is complete.
How long will my case take?
The timeline depends on the investigation, your medical recovery, the parties involved, and whether the case resolves through negotiation or litigation. We explain the steps ahead and discuss developments as the matter progresses. A case evaluation can help identify the work your claim may require.