Top Personal Injury Lawyers for Victims of DUI or Drugged Driving

Few things are more reckless than getting behind the wheel of a car while impaired by drugs or alcohol.

Impaired driving can be disastrous for innocent victims, not just the impaired driver. This is why it is so important for drunk or drugged NY drivers to be held accountable for their actions - not only by the criminal justice system, but also in civil court.

If you or a loved one has been harmed by a drunk or drugged driver, call Wingate, Russotti, Shapiro & Halperin, LLP at (212) 986-7353 to tell us what happened. Our top NY car accident lawyers will discuss your options, and if we can help you get justice, we will.

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Legal Limits for DUI in New York

New York State has specific definitions for different forms of alcohol and drug impairment when it comes to driving. Many of these depend on the blood alcohol content (BAC) of a driver, as tested by a sobriety test:

  • Driving While Intoxicated: Driving a vehicle with a BAC of 0.08 or higher; or operating a commercial vehicle with a BAC of 0.04 or higher.
  • Aggravated Driving While Intoxicated: Operating a vehicle with a BAC of 0.18 or higher.
  • Driving While Ability Impaired by Alcohol: Driving a vehicle with a BAC higher than 0.05 but less than 0.07, for non-commercial drivers.
  • Driving While Ability Impaired by a Single Drug: When a driver is found to be under the influence of one kind of drug, illegal or legal, which impairs behavior.
  • Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol: As the name suggests, when a driver is under the effects of multiple drugs, or drugs and alcohol.
  • Chemical Test Refusal: A separate criminal charge, this occurs when a driver refuses to take a sobriety test, usually a breath, blood, or urine test.
  • Zero Tolerance Law: For drivers under the age of 21 years old, a BAC of 0.02 or higher.

While the driver who breaks these laws will usually face criminal charges, that does not automatically mean his or her victims will receive money to pay for their medical bills and other expenses. In order to do that, you must file a civil claim against the at-fault driver. However, if the at-fault driver is convicted of the drunk driving offense, this is strong proof for your civil claim.

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What Compensation Can You Get After a DUI Crash?

In a lawsuit against an impaired driver, you may be able to get "punitive damages" in addition to "compensatory damages." Compensatory damages are the economic and non-economic costs you incurred because of the drunk driver; things like your medical bills, vehicle repairs, emotional distress, and pain and suffering. Punitive damages are money the jury awards to a victim to punish the driver for his or her behavior, if "the wrongdoer's actions amount to willful or wanton negligence."

Our top NY personal injury attorneys can and have made the case that driving under the influence of alcohol or drugs counts as willful or wanton negligence, and we have gotten successful results for numerous clients.

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Hold Impaired Drivers in New York Accountable

While criminal charges against people who drive under the influence are helpful, they do little to compensate the people injured by these drivers. If you have been in an accident with an intoxicated driver, call Wingate, Russotti, Shapiro & Halperin, LLP, at (212) 986-7353. We will examine your case and go to work to get you the compensation you deserve.

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Additional Information

Our Car Accident Case Results

$8.3 Million - New York State Record-Setting Verdict for Single Level Cervical Discectomy

Pursuant to the New York Jury Verdict Reporter, WRSH partner Frank J. Lombardo obtained the highest recorded verdict in the State of New York for a single level cervical discectomy.

Frank Lombardo

$6.2 Million - Intersection Accident

Andrea V. Borden was able to obtain a jury verdict in the amount of $6.2 million on behalf of our client, a 60-year-old Brooklyn woman involved in a motor vehicle accident.

Andrea Borden

$5.5 Million - New York Motor Vehicle Accident

WRSH partner Bryce Moses obtained a verdict in the amount of $5,500,000 for our client who was exiting the Staten Island Expressway when her motor vehicle was struck by a Con Edison van.

Bryce Moses

$4.9 Million - NY Car Accident Injury

Our client, a man in his 30s, was standing next to the rear of a truck while working as an assistant mover, when the defendant driver struck a middle car in the rear and propelled it into our client.

Philip Russotti

$3.5 Million - Young Woman Run Over By Garbage Truck

Bryce Moses represented a young woman who was run over by a garbage truck in Brooklyn that shattered her ankle in three places.

Bryce Moses

$3.3 Million - Client Struck By Van While On a Scooter

Partner Jason Rubin obtained a large settlement for a man who was injured after being struck by a van while on a scooter.

Jason Rubin

$3 Million - NY Motor Vehicle Accident

Joseph Stoduto and Cliff Shapiro were able to obtain a settlement in the amount of $3,000,000 on behalf of a forty-five year old man from Queens who suffered injuries to his neck and lower back in a crash.

Joseph Stoduto, Clifford Shapiro

$2.9 Million - NY Access-A-Ride Van Accident

WRSH attorney settled the case of our client who was hit by an Access-A-Ride van after mediation and before trial for $2.9 million dollars.

Joseph Stoduto

$2.8 Million - Three Car Auto Accident in NY

WRSH Partner obtained a $2.8 million settlement during trial for our client who was involved in a 3 car accident. The plaintiff was struck twice from behind in a rear-end collision involving two vehicles.

WRSH LLP

$2.75 Million - NY Intersection Car Accident

Phil Russotti and Kenneth Halperin obtained a settlement for our client in the amount of $2,750,000, in this case in which the plaintiff's motor vehicle was struck in the rear.

Philip Russotti, Kenneth Halperin

$2.5 Million - Auto vs. Pedestrian Accident in New York

Phil Russotti obtained a 2.5 million dollar settlement for a 57 year old man who was struck by a car while walking his dog on the side of a roadway that did not have sidewalks.

Philip Russotti

$2.5 Million - Man Struck By Car Walking Dog

Phil Russotti obtained a 2.5 million dollar settlement for a 57 year old man who was struck by a car while walking his dog on the side of a roadway that did not have sidewalks.

Philip Russotti

$2.5 Million - New York Motor Vehicle Accident

Kenneth Halperin obtained a combined settlement in the amount of $2,500,000 for a 66 year old woman and her 32 year old daughter who were injured in a motor vehicle accident.

Kenneth Halperin

$2.281 Million - Van Rear-Ended by Tractor-Trailer

William Hepner obtained a substantial settlement at mediation for a girl who was 8 years old when the van she was in was rear-ended by a tractor-trailer carrying a load of fuel.

William Hepner

$2.25 Million - Permanent Injuries from Rear-end Accident In The Bronx

Paul Cordella recently settled a case for a client who sustained permanent neck and back injuries after being rear-ended in the Bronx.

Paul Cordella

$2 Million - NY Rear-End Accident

WRSH attorneys Joseph Stoduto and Kenneth Halperin were able to obtain a settlement in the amount of $2,000,000 on behalf of our client, a 40-year-old woman from Kings County.

Joseph Stoduto, Kenneth Halperin

$2 Million - Intersection Accident in Brooklyn

WRSH attorneys Joseph Stoduto and Andrea Borden were able to obtain a recovery after trial in the amount of $2,000,000 on behalf of our client, a 60-year-old housekeeper from Kings County.

Joseph Stoduto

$2 Million - Rear-Ended by a School Bus

WRSH attorneys Joseph Stoduto, Bryce Moses, and Nicole Gill were able to obtain a settlement in the amount of $2,000,000 on behalf of our client, a 50-year-old woman from Kings County.

Joseph Stoduto, Bryce Moses, Nicole Gill

$2 Million - New York Rear-End Collision

WRSH attorneys Joseph Stoduto and Kenneth Halperin were able to obtain a settlement in the amount of $2,000,000 on behalf of our client, a 45-year-old man from Queens County.

Joseph Stoduto, Kenneth Halperin

$2 Million - Woman Injured After Her Car Was Struck by a Bus

Wingate, Russotti, Shapiro & Halperin, LLP settled a case for $2,000,000.00 for a plaintiff who was injured when the car she was driving was struck by a bus.

Joseph Stoduto

Click here to see more NY Car Accident Verdicts & Settlements