Buffalo Drunk Driving Accident Lawyers
On average, someone in the U.S. is injured every two minutes because of drunk driving. 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.
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.