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A driver who operates a vehicle while intoxicated has violated New York’s Vehicle and Traffic Law. The violation establishes negligence per se.
Punitive damages are sometimes available in drunk driving cases. The standard is high, but some cases qualify — particularly those involving high BAC levels, prior DWI convictions, or particularly aggravated circumstances.
New York’s dram shop statute (General Obligations Law §11-101) imposes liability on bars, restaurants, and liquor stores that serve alcohol to a person they know or should know is intoxicated when that person then injures someone. These cases run against the establishment in addition to the drunk driver, opening up additional insurance coverage.
New York’s social host liability is narrower — generally limited to social hosts who serve alcohol to minors.
Drunk driving accidents typically produce more severe injuries because of the speeds involved. The injury catalog includes TBI, spinal cord, multiple complex fractures, internal injuries, and fatal injuries.
The drunk driver typically faces criminal charges. Information from the criminal investigation (BAC test results, arrest records, plea or trial transcripts) is critical evidence for the civil case.
