Reviewed by Laurence P. Banville, Esq.Can you sue a drunk driver in New York?
Yes. A drunk driving crash is treated as ordinary negligence for civil purposes, which means you do not need the driver to be convicted of DWI to win a lawsuit. The standards are different: a criminal case must prove guilt “beyond a reasonable doubt,” while your civil claim only needs to show, by a preponderance of the evidence, that the driver was negligent and caused your injuries. Drunk driving is strong evidence of that negligence.
To win, you show four things: the driver owed you a duty to drive safely, they breached it by driving impaired, that breach caused the crash, and you suffered real harm. Because New York is a “no-fault” auto state, you must also meet the serious injury threshold — an injury such as a fracture, significant disfigurement, permanent limitation, or a disability lasting at least 90 of the first 180 days — before you can sue for pain and suffering beyond your basic no-fault benefits.
Who else can be held liable?
The drunk driver is the obvious defendant, but they may not be the only one. New York’s Dram Shop Act can hold a bar, restaurant, or other licensed seller responsible if it sold alcohol to someone who was already visibly intoxicated and that person then caused your injuries. GOL §11-101 A separate rule can apply to a social host who knowingly served alcohol to someone under 21.
Other possible defendants include an employer, if the driver was working at the time, or the vehicle’s owner under New York’s owner-liability rules. Identifying every responsible party matters because it can open up additional insurance coverage to compensate you.
What can your case be worth?
There is no fixed figure, and any honest lawyer will tell you outcomes vary — prior results never guarantee a future one. The value of a drunk driving claim is driven by factors such as:
- The severity and permanence of your injuries and the medical treatment required
- Your past and future lost wages and reduced earning capacity
- The amount of insurance coverage available from all defendants
- The degree of your pain, suffering, and disruption to daily life
- Whether the conduct was egregious enough to support punitive damages, which New York sometimes allows in drunk driving cases to punish reckless behavior
Punitive damages are not awarded in every case, but a clear pattern of impaired driving can make them a realistic part of the claim.
How long do you have to file?
In most New York drunk driving cases you have three years from the date of the crash to file a personal injury lawsuit. CPLR §214 If a loved one was killed, a wrongful death claim has a shorter window — generally two years from the date of death. EPTL §5-4.1 Deadlines can be shorter if a government vehicle or entity is involved, which may require a Notice of Claim within 90 days. Because evidence like surveillance video and bar receipts disappears quickly, it is wise to act well before any deadline.
What should you do after a drunk driving crash?
Get medical care immediately, even if you feel fine, and follow through on treatment so your injuries are documented. Report the crash to police and your insurer, and keep records of bills, time missed from work, and how the injuries affect you. Avoid giving recorded statements to the other driver’s insurer before getting advice. Preserving evidence early — the police report, the criminal DWI case, and any proof the driver was over-served — often makes the difference in a civil claim.
Frequently asked questions
Do I have to wait for the criminal DWI case to finish before I sue?
No. Your civil lawsuit is separate from the criminal case and can proceed on its own timeline. You also do not need a DWI conviction to win, because the civil standard of proof is lower. A conviction can help your case, but it is not required.
Can I still recover if I was partly at fault?
Likely yes. New York uses comparative negligence, so your recovery is reduced by your share of fault rather than barred entirely. For example, if you are found 20 percent at fault, your award is reduced by 20 percent. An impaired driver usually bears most or all of the fault.
Can I sue the bar that served the drunk driver?
Sometimes. Under New York's Dram Shop Act, a licensed seller can be liable if it served someone who was already visibly intoxicated and that person then injured you. Proving it requires evidence such as receipts, video, or witness accounts of the driver's condition before the crash.
What if the drunk driver had no insurance or fled the scene?
You may still have options. Your own policy's uninsured or underinsured motorist coverage can step in, and other defendants such as a bar or vehicle owner may add coverage. An investigation often uncovers additional sources of compensation.
Are punitive damages available in a drunk driving case?
They can be. New York sometimes allows punitive damages where the driver's conduct was especially reckless, which drunk driving can qualify as. They are not awarded automatically, and they depend on the specific facts of your case.