Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue a drunk driver who hit me in New York?
Yes. In New York, a drunk driver whose negligence causes injury is liable for your damages, including medical expenses, lost income, and pain and suffering. You may also be entitled to punitive damages if the driver’s conduct was especially reckless. You have three years from the date of injury to file suit under CPLR §214.
Can I sue the bar or restaurant that served the drunk driver in New York?
Yes. Under New York’s Dram Shop Act (General Obligations Law §11-101), you can bring a claim against a licensed alcohol vendor who unlawfully sold or gave alcohol to a visibly intoxicated person or a minor who then caused your injury. These “dram shop” claims run parallel to your claim against the driver and can significantly increase your total recovery.
What damages can I recover in a New York drunk driving lawsuit?
You can recover economic damages (medical bills, future treatment costs, lost wages, lost earning capacity) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). In egregious DUI cases, New York courts may also award punitive damages intended to punish the defendant and deter similar conduct.
How long do I have to file a drunk driving lawsuit in New York?
New York’s general personal injury statute of limitations is three years from the date of the accident (CPLR §214). Exceptions apply — for example, claims against a government entity require a Notice of Claim within 90 days. Missing these deadlines typically bars your case entirely, so consulting an attorney as soon as possible is critical.