Millions Recovered for Injured Clients
Types of Drunk Driving Accident Cases We Handle in Amherst
Drunk driving crashes often involve more than a typical car accident claim. If a driver is charged under New York Vehicle and Traffic Law §1192, evidence from the criminal case may help support your civil claim. In some cases, a bar, restaurant, or other licensed establishment may also share liability under New York’s Dram Shop Act if it unlawfully served alcohol to a visibly intoxicated person or to someone under 21 who later caused the crash.
Our drunk driving accident attorneys in Amherst represent clients injured in:
- Drunk driving and DWI crashes
- High-BAC and repeat-offender accidents
- Underage drinking and driving crashes
- Dram shop liability claims
- Pedestrian and bicycle accidents involving impaired drivers
- Passenger injuries
- Wrongful death claims
A DUI lawyer in Amherst can investigate every potential source of liability to identify all available insurance coverage and pursue the full compensation our clients deserve.
Whether your claim involves an impaired driver, a negligent establishment, or both, Hiller Comerford Injury & Disability Law is ready to protect your rights throughout Amherst and Erie County.
Why Choose Hiller Comerford Injury & Disability Law
When you work with us, you have a personal injury firm with more than 27 years of litigation experience, over 300 years of combined legal experience across our team, nearly 20,000 clients served, 48 attorneys, and a 240-person staff standing behind your case.
Our Amherst car accident lawyers handle serious DUI cases across New York. Behind every one of them is a person whose life was turned upside down by someone else’s choice, and standing up for the people in our community is work we take personally.
We Pursue the Bar or Vendor, Not Just the Driver
A drunk driver may not be the only one responsible for your injuries. Under New York’s Dram Shop Act, a bar or licensed establishment may be liable for unlawfully serving alcohol to a visibly intoxicated person or someone under 21 who later causes a crash. We investigate where the driver was served and pursue all available sources of compensation.
We Use Every Available Piece of Evidence
A DWI prosecution and your personal injury claim are separate legal matters, but evidence from the criminal case may help support your civil claim. Our attorneys monitor the criminal proceedings, obtain available records when appropriate, and use that evidence to strengthen your case while protecting your rights from the very beginning.
One Firm for Your Injury and Disability Needs
Some drunk driving accidents leave victims unable to return to work. If your injuries affect your ability to earn a living, our Social Security Disability lawyers in Amherst can handle your disability claim while our personal injury attorneys pursue compensation from the responsible parties.
We Have a No-Fee Guarantee
You never pay us upfront. We only get paid if we win for you, so our success is directly tied to yours.
Free Case Evaluation
Speak with a lawyer at no cost. We’ll review your situation, explain your options, and help you understand the best path forward.
You’re More than a Case
We treat every client like family, taking the time to understand your story and guide you through every step with care and compassion.
What Compensation Can You Recover After a Drunk Driving Accident in Amherst?
A drunk driving accident can leave you facing medical bills, lost income, lasting injuries, and emotional trauma. In New York, your claim will typically begin with No-Fault benefits, which may cover medical expenses, lost wages, and certain other costs regardless of who caused the crash. To protect those benefits, you must generally submit your No-Fault application within 30 days.
If your injuries meet New York’s serious injury threshold, you may be able to pursue additional compensation from the at-fault driver. Depending on the circumstances, a drunk driving accident lawyer in Amherst may also investigate whether a bar, restaurant, or alcohol vendor can be held responsible under New York’s Dram Shop Act.
Compensation may include:
- Medical treatment, rehabilitation, and future healthcare costs
- Lost wages and reduced earning capacity
- Pain and suffering and loss of enjoyment of life
- Permanent injuries, scarring, or disability
- Property damage and other out-of-pocket expenses
- Wrongful death damages for families who lose a loved one
In some drunk driving cases, punitive damages may also be available when a driver’s conduct was especially reckless or egregious. These damages are meant to punish extreme misconduct rather than compensate for your losses. We work with medical professionals and other experts when needed to document the full impact of your injuries and pursue the compensation available under New York law.
Can I Still Recover Compensation If I Was Partially at Fault for the Accident?
Yes. New York follows a pure comparative negligence rule, meaning your compensation may be reduced by your percentage of fault, but you can still recover damages even if you share some responsibility for the crash. Insurance companies often try to shift blame to reduce what they pay. A DUI accident lawyer can investigate the evidence, challenge unfair fault allegations, and protect your right to full compensation.
"We fight for our clients as if they were family—taking cases to trial when necessary to ensure they receive the justice and financial recovery they deserve."
An Amherst Car Accident Lawyer Can Protect and Strengthen Your Claim
Drunk driving cases often depend on evidence that can become harder to obtain with time. Surveillance footage, alcohol service records, witness statements, and other critical details may be lost, overwritten, or become more difficult to recover. A DUI accident attorney in Amherst, NY, can act quickly to preserve evidence and build a claim focused on the full impact of your injuries.
From the beginning of your case, we work to:
✓ Investigate how the crash happened: Reviewing police reports, toxicology results, DWI records, witness statements, and available video to establish negligence and liability.
✓ Preserve important evidence: Seeking records such as bar receipts, service logs, and surveillance footage that may support a Dram Shop Act claim.
✓ Identify all responsible parties: Looking beyond the intoxicated driver to determine whether a bar, restaurant, vehicle owner, or another party may share responsibility.
✓ Monitor the criminal case: Tracking DWI proceedings and using relevant findings to help strengthen your civil claim.
✓ Document your damages: Gathering medical records, employment information, and expert opinions to show how the crash has affected your health, finances, and daily life.
✓ Handle insurance companies: Managing communications, challenging unfair settlement offers, and protecting your claim from tactics designed to reduce compensation.
✓ Prepare for trial when necessary: Building your case from the start so insurers understand you are prepared to pursue the compensation you deserve.
Evidence does not always remain available forever. Acting quickly can help protect the records, testimony, and documentation needed to support your claim. The sooner you speak with an attorney, the more effectively our legal team can investigate your crash and pursue all available compensation.
Common Injuries Caused by Drunk Driving Accidents in Amherst
The severity of your injuries and the documentation supporting them can play an important role in determining the compensation available in your claim, including whether you meet New York’s serious injury threshold.
We regularly help injured clients pursue compensation for injuries such as:
- Traumatic brain injuries and concussions
- Neck, back, and spinal cord injuries, including whiplash and paralysis
- Broken bones and fractures
- Internal injuries and organ damage
- Torn ligaments, sprains, and other soft tissue injuries
- Severe cuts, permanent scarring, and disfigurement
Our team will work with your medical providers and, when appropriate, outside specialists to document the full extent of your injuries. This includes the treatment you need today, the rehabilitation process ahead, and any long-term care or limitations caused by the crash.
How Long Do I Have to File a DUI Accident Lawsuit in Amherst?
New York’s statute of limitations generally gives you three years from the date of the crash to file a personal injury lawsuit. A wrongful death claim generally must be filed within two years of the date of death, and claims against a government entity typically require a Notice of Claim within 90 days.
Deadlines aside, delay works against you in a more practical way: the evidence that proves a drunk driving case erodes quickly. Speaking with an Amherst drunk driving accident lawyer early lets your attorney identify the deadlines that govern your claim and preserve the proof before it slips away.
Frequently Asked Questions
Below are answers to common questions we hear from Amherst clients after a drunk driving accident.
What should I do immediately after a drunk driving accident in Amherst?
Your first priority should be your health and safety. Seek medical attention for any injuries, even if symptoms seem minor at first, and call 911 if the crash has not already been reported. If you are able, document the scene by taking photos or videos, gathering witness information, and getting a copy of the police report. Avoid discussing fault or giving a recorded statement to an insurance company before understanding your rights. For more information, see our guide on what to do after a car accident.
Can I sue the bar or restaurant that served the drunk driver?
Possibly. Under New York’s Dram Shop Act, a licensed establishment may be responsible if it unlawfully served alcohol to a visibly intoxicated person or someone under 21 who later caused a crash. These claims require careful investigation, including determining where the driver was drinking, what evidence exists, and whether the alcohol service violated New York law. At Hiller Comerford, we look beyond the driver to identify every party that may have contributed to your injuries.
Do I have to wait for the driver’s DWI case to finish before filing my claim?
No. Your personal injury claim and the driver’s criminal DWI case move separately. You do not have to wait for a conviction before seeking compensation for your injuries. Our attorneys can begin building your claim right away by gathering evidence, documenting your losses, and protecting your rights while the criminal process moves forward.
What if the drunk driver who hit me had no insurance or not enough coverage?
You may still have options. Depending on your policy, uninsured or underinsured motorist coverage may help cover your losses when the at-fault driver cannot pay enough. We review all available sources of compensation, including applicable insurance policies and whether another party may share responsibility for the crash.
What does it cost to hire a drunk driving accident lawyer in Amherst?
You pay nothing upfront. Hiller Comerford Injury & Disability Law handles personal injury cases on a contingency fee basis, meaning you do not pay attorney’s fees unless we recover compensation for you. We offer a free consultation so you can discuss your crash, understand your options, and decide on the next step without financial pressure.









