Often, reckless drivers are under the influence of drugs or alcohol, which is taken as a serious offense in the state of New York. Especially during the Fourth of July holiday weekend, law enforcement officers are strict with administering penalties for such offenses. However, it may be complicated to execute your personal injury claim when the law enforcement officers are simultaneously pursuing criminal charges against the drunk driver. Nevertheless, follow along to learn how an experienced Buffalo drunk driving accident lawyer at Ramos & Ramos can help you fight to receive the compensation you deserve for the physical, emotional, and financial burdens you incurred.
How do dram shop laws apply to a drunk driving accident in New York?
Many states, including New York, have dram shop laws in place. Specifically, this law states that if you were the injured party in a drunk driving accident, you are eligible to sue both the intoxicated person and the establishment that served them alcohol. Below are common examples in which dram shop laws may apply to your personal injury claim.
- An establishment, such as a bar or restaurant, overserved or continued to serve alcohol to an already visibly intoxicated patron. Signs of visible intoxication may be glassy eyes, slurred speech, and stumbling.
- An establishment, such as a bar or restaurant, served alcohol to a patron who was under the age of 21.
If either of these is relevant to the cause of your accident, do not wait to reach out to a skilled Buffalo auto accident lawyer today.
What should I do after a drunk driving accident this Fourth of July?
Regardless of whether dram shop laws are a factor, you must satisfy the burden of proof in your personal injury claim. That is, you must have sufficient proof that negligence of a drunk driver occurred that caused your accident. To do so, follow the below steps:
- Call 911. The law enforcement officers will dispatch an ambulance, write up a police report, conduct a breathalyzer test, administer a field sobriety test, etc. This documentation will be helpful later on to prove that the other driver was intoxicated at the time of the accident.
- Document the scene. Take photos and videos of the scene, including any and all injuries and damages that you incurred. Also, see if you can acquire security camera footage or photos and videos from present witnesses.
- Collect contact information. This means the other driver’s name, number, driver’s license number, insurance company, etc.
- Seek medical attention as immediately as possible. Above all else, your health comes first. But regardless, this documentation will be helpful later on to prove the correlation between your injuries and the accident.
- Contact a seasoned Buffalo, New York personal injury attorney.
Contact Our Experienced New York Firm
If you require legal representation for matters of personal injury in New York, contact Ramos & Ramos. Whether you were injured in an auto accident, a slip and fall, or under any other circumstances, we’re here to help.