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Can I sue the drunk driver who hit me?

It does not matter how many safety campaigns the state of New York runs; drunk driving is still very much a big issue here. Drunk driving has led to numerous deaths and injuries over the years. Anyone who has been hit and injured or lost a loved one in an accident with a drunk driver may be entitled to seek compensation for their losses.

When motor vehicle accidents are the result of negligent actions, victims may take legal actions against the party deemed responsible. Driving under the influence of alcohol certainly qualifies as a negligent action. The problem then comes with proving it in court.

Here's the deal. Even if a drunk driver caused a car accident, he or she may try to blame the victim so as to avoid liability. He or she may say the victim was speeding or somehow contributed to the wreck. At the end of the day, the court will look at every aspect of the case and use the standard elements of negligence in order to determine liability. These elements are:

  • Each driver's duty of care
  • Breach of duty
  • Cause of injuries
  • Damages

New York residents or visitors to the state who have found themselves victims of such incidents do have the right to pursue legal actions. Depending on how things play out in court, a victim may achieve full or partial compensation for losses resulting from a car accident with a drunk driver. If they can establish that negligence lies solely on the other driver, maximum relief may be awarded in their cases.

Source: FindLaw, "I was Hit by a Drunk Driver: Who is Liable?", Accessed on March 14, 2018

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