DUI/DWI Injuries and Accidents

Driving under the influence (DUI) is a crime in every state. Convicted motorists may face a variety of consequences, including jail time, fines, and license suspension. Standard DUI penalties are often more severe for offenses involving accidents or injuries—regardless of whether the injured party was a passenger in the drunk driver’s car, a passenger in another car, or a pedestrian.

But in addition to the criminal penalties, a drunk driver might face civil consequences—such as being sued in court—when someone gets injured in a DUI related accident. Anyone injured by a drunk driver—including a passenger in the drunk driver’s vehicle—can file a personal injury lawsuit against the driver.

Most personal injury claims against drunk drivers are based on "negligence." To win a negligence lawsuit, an injured passenger would generally need to prove four elements by a preponderance of the evidence (more likely than not):

  • that the drunk driver owed a “duty of care” to the passenger

  • that the driver breached the duty

  • that the passenger was injured or harmed in some way, and

  • that the drunk driver’s breach was a cause of the injury or harm

 

For general inquiries or a free case evaluation please call 212-537-7000 or visit the link in our bio to learn more.