Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue a drunk driver in New York?
Yes. Under New York law, drunk driving constitutes negligence per se — meaning the DUI conviction or BAC above .08 establishes liability automatically. You can pursue compensation for medical expenses, lost income, pain and suffering, and property damage. In cases of extreme recklessness, courts may also award punitive damages to punish the driver.
Can I also sue the bar or restaurant that served the drunk driver in NY?
Yes. New York's Dram Shop Act (General Obligations Law § 11-101) allows victims to sue any licensed establishment that unlawfully sold or provided alcohol to a visibly intoxicated person who then caused injury. This gives you an additional defendant — and often a deeper pocket — beyond just the driver.
How long do I have to file a drunk driving lawsuit in New York?
New York's statute of limitations for personal injury claims, including drunk driver accidents, is three years from the date of the crash (CPLR § 214). Missing this deadline typically bars your claim entirely, so you should consult an attorney as soon as possible after the accident.
What damages can I recover in a NY drunk driver lawsuit?
Recoverable damages in New York include economic losses (medical bills, future care costs, lost wages, diminished earning capacity) and non-economic losses (pain and suffering, emotional distress, loss of enjoyment of life). Because drunk driving is intentional misconduct, juries may also award punitive damages — compensation designed to punish the at-fault driver and deter similar conduct.