In New York State, nearly a third of all fatal crashes involve alcohol. Though the statistics are alarming, the impact on individuals who have suffered harm at the hands of a drunk driver is almost unimaginable.
If you or a loved one has been injured by a drunk driver in Buffalo, Hiller Comerford is here to help you fight for the compensation you deserve. Our firm was built on the personalized attention we offer each of our clients, and we do everything we can to ensure you get the best service and legal representation possible.
Contact our Buffalo drunk driving accident lawyers today for a free consultation.
Understanding Drunk Driving Laws in Buffalo, New York
Overview of DUI and DWI Laws
In New York, driving under the influence includes several offenses such as Driving While Ability Impaired (DWAI), Driving While Intoxicated (DWI), and Aggravated Driving While Intoxicated (Agg-DWI), among others. The severity of the charge depends on blood alcohol concentration (BAC) and any aggravating factors. For example, a BAC of 0.08% or higher is considered DWI, while 0.18% or higher results in Agg-DWI charges. Additional evidence from officer observations, like erratic driving and behavior, can be used to establish intoxication.
Blood Alcohol Concentration (BAC) Limits and Legal Consequences
New York’s BAC limits are as follows:
- 0.05%-0.07% for evidence of impairment (DWAI)
- 0.08% or higher for DWI
- 0.18% or higher for Agg-DWI
If convicted, penalties may include fines, license suspension or revocation, and potential jail time. Commercial drivers face stricter BAC limits and penalties under New York’s regulations.
The Impact of Dram Shop Laws
Under New York’s Dram Shop Laws, establishments that serve alcohol can be held liable if they overserve visibly intoxicated individuals who later cause harm. To pursue a claim, injured parties must prove that the establishment’s negligence in overserving led to the driver’s impaired condition and subsequent accident.
Legal Rights for Injured Individuals
People injured in drunk driving accidents in New York have the right to seek compensation for medical costs, lost income, and pain and suffering. A personal injury lawsuit can hold both the intoxicated driver and, potentially, the establishment that served them accountable, providing injured parties with financial recovery and promoting safer community standards.
Proving Liability in Buffalo Drunk Driving Accident Cases
Gathering Critical Evidence to Prove Intoxication
To prove intoxication in a drunk driving case, attorneys rely on critical evidence such as police reports, breathalyzer results, and field sobriety test outcomes. Additional evidence may include video surveillance footage from the scene and witness testimonies that attest to the driver’s behavior or condition before and during the accident.
Investigating Establishments That Overserved Alcohol
When dram shop liability is relevant, it’s essential to evaluate whether a bar or restaurant overserved the intoxicated driver. This involves examining records, witness statements, and other evidence that may reveal negligence in serving visibly intoxicated patrons.
Building a Strong Case Against the Drunk Driver
In some cases, a comprehensive approach might involve accident reconstruction experts who can recreate the incident and toxicology reports that detail the driver’s level of intoxication. This evidence strengthens the case, providing a clear link between the driver’s impairment and the accident.
Seeking Compensation for Injuries and Damages
Types of Compensation You Can Pursue
People injured by drunk drivers may seek compensation for medical expenses, covering everything from hospital bills to long-term rehabilitation costs. Additionally, lost wages and diminished earning capacity can be recovered if injuries prevent the victim from working or reduce their future income. Non-economic damages, like pain and suffering, emotional distress, and loss of enjoyment of life, address the profound personal impact of the accident.
Working with Insurance Companies
Navigating New York’s no-fault insurance laws can be complex, especially when seeking compensation beyond basic coverage. An experienced attorney can help secure a fair settlement by leveraging evidence and, if necessary, pursuing litigation to achieve the compensation the victim deserves.
Ida and Stephanie were great! They kept me posted about my case. They provided documents for my doctors to fill out so I had as much medical records as I could! Stephanie represented me in the Judge appeal and was great asking me questions about my disability and helping me convey those disabilities to the judge! I’m so grateful ☺️ for their help! Highly recommend them!
Working with Hiller Comerford was easy. They took care of everything and their communication was exceptional. I’ve already referred others to them.
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I would like to extend my heartfelt appreciation to Hiller Comerford Injury & Disability Law for their exceptional support and guidance throughout my disability benefits process. Their expertise and dedication made an overwhelming situation feel manageable, and they ensured every step was handled with care and clarity. I am truly grateful for their assistance and highly recommend their services.
My lawyer RyanTaylor was amazing. He told me exactly how the process goes, what to expect and how long it realistically would take. He was able to get for me exactly what I had tried twice to do myself but was rejected by the VA for. I will recommend all my Veteran friends to him.
Hard workers, always looking at the positive side of the case and always listening to the client. Only down remark is hard to get calls back.
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The firm understands the situation, and are very acknowledged about the social security laws and guidelines. Staff were very friendly. The attorney that represented me was Charles Gaughan and the case manager was Olivia Fritzen. They did a wonderful job with my representation for my case. I would highly recommend The law firm of Hiller and Comerford.
Our Commitment to Supporting You Through the Legal Process
Providing Personalized Attention Every Step of the Way
We are committed to open communication, ensuring you receive regular updates about your case and have direct access to your legal team. Every step of the way, we’ll be here to answer questions and keep you informed.
Explaining Your Legal Options Clearly and Accurately
Our attorneys prioritize clear explanations of your legal options, helping you make decisions that are in your best interest. We guide you in understanding the possible outcomes, so you’re empowered to choose the path that aligns with your goals.
Offering Free Consultations and Our No Recovery, No Fee Policy
We believe that quality legal representation should be accessible. That’s why we offer a No Recovery, No Fee policy—meaning we only charge fees if we achieve a recovery on your behalf. This structure allows you to retain experienced attorneys without upfront expenses, regardless of the case’s complexity or time requirements.
Contact Our Lawyers Today for Help with Injuries from a Drunk Driving Accident in Buffalo
You should never have to pay the price for the bad decisions of a drunk driver. The Buffalo drunk driving attorneys at Hiller Comerford are here to help you get the compensation and justice you deserve.
Contact us today for a free consultation.
FAQ: Buffalo Drunk Driving Accident Lawyer
How long do I have to file a lawsuit after a drunk driving accident in Buffalo?
In New York, the general statute of limitations to file a personal injury lawsuit for a car accident is 3 years from the date of the crash. If you are filing a wrongful death claim on behalf of a loved one, the timeline is even shorter; just 2 years from the date of death. However, if your case involves Dram Shop liability (suing the bar or restaurant that overserved the driver), or if a government vehicle was involved (like a municipal bus or town truck), separate, much stricter deadlines apply. For government entities, you must file a formal “Notice of Claim” within 90 days of the accident. Because evidence like bar surveillance footage and toxicology data can vanish quickly, it is vital to speak to a car accident lawyer as soon as possible.
Can I still recover compensation if I was partially at fault for the accident?
Yes. New York follows a legal rule called pure comparative fault (or comparative negligence). This means you can still recover financial compensation even if your own actions contributed to the accident or the severity of your injuries, even if you were 99% at fault. However, your financial recovery will be reduced by your percentage of blame. Our legal team aggressively fights back against insurance companies that try to shift the blame onto victims just to protect their bottom lines.
How much does it cost to hire a drunk driving accident lawyer in Buffalo, NY?
It costs nothing upfront to hire our car accident lawyers in Buffalo because we handle all personal injury and drunk driving accident cases on a contingency fee basis. This means you pay nothing out of pocket to get your claim started. We only get paid if we successfully secure a financial settlement or a jury verdict for you.
