Buffalo, New York, Drunk Driving Car Accident FAQs

Jed Dietrich, Esq., Distinguished as a New York Super Lawyer, and His Team of Aggressive, Tenacious, and Hardworking Attorneys at the Dietrich Law Firm P.C., Recognized as an American Institute of Personal Injury Attorneys 10 Best Personal Injury Law Firm, Battle to Obtain the Best Result for Victims Seriously Injured by Drunk Drivers in Buffalo, New York; Niagara Falls, New York; Rochester, New York; Throughout New York State and Beyond.

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Although driving under the influence of alcohol is against the law, every day, drunk drivers place innocent lives at risk. Being involved in an accident with a drunk driver can be an appalling nightmare. Drunk driving accidents have the potential to cause catastrophic consequences, including severe injuries and even death. According to the National Highway Traffic Safety Administration (NHTSA), in a single year, there were 10,511 fatalities in car accidents involving alcohol-impaired drivers. That is the equivalent of 1 drunk driving death every 50 minutes. Victims lucky enough to survive the recklessness of drunk drivers often suffer long-term physical and emotional wounds.

Between the exorbitant medical costs, lost wages, diminished future earning capacity, and pain and suffering, the devastating aftereffects of a drunk driving accident on you and your loved ones can be disheartening. The last thing a drunk driving accident victim needs is to be troubled by legal issues. No one deserves to bear the dreadful consequences of a drunk driving crash alone. If you, or a loved one, have suffered severe injuries or worse because of a drunk driver, you need the best attorney in Western New York to pursue your case and hold those accountable legally responsible for all your damages.

Jed Dietrich, Esq. and his elite team of drunk driving crash injury lawyers in Buffalo, New York, work our hardest to provide the highest level of personal injury service to the victims of senseless drunk driving accidents. Insurance companies have paid Jed Dietrich, Esq. over $175,000,000.00 in verdicts and settlements to resolve personal injury claims. The Dietrich Law Firm P.C. has put together a series of drunk driving accident FAQs. Should you have further inquiries or need assistance after an unfortunate accident, we invite you to contact us for a complimentary case evaluation. Our seasoned team is available 24 hours per day and 7 days per week at 716-839-3939 or by filling out the online consultation form.

Drunk Driving Accident FAQs

If you would like to learn more, our responses to the most frequently asked questions regarding drunk driving accidents are listed below:

Man with a Cellphone in an Accident
  1. What should I do if I am involved in an accident with a drunk driver? If you have been injured, first and foremost, you should seek immediate medical attention. Call the police so that they can detain the drunk driver and file an accident report. Before help arrives, try to collect as much evidence as possible to support your claim. Pictures and videos of the scene that show the drunk driver is visibly intoxicated, your injuries, damage to the vehicles, and any skid marks can be used to verify your claim. Furthermore, talk with any potential witnesses and obtain their contact information. After the initial shock of your ordeal has faded, you should consider calling Jed Dietrich, Esq., acclaimed as an American Institute of Personal Injury Attorneys 10 Best Attorneys, and his team of highly experienced and top rated drunk driving accident injury lawyers.
  2. Is there anything I should refrain from doing if I was involved in a drunk driving crash? It is critical never to discuss any details of the accident, the evidence needed to prove your case, or your claim for compensation with anyone besides your lawyer. Any statements that you provide to the intoxicated driver’s insurance company might be used against you. Insurance companies are known for twisting the facts to minimize the victim’s compensation. Claims adjusters may use what you say in an attempt to prove the crash was somehow your fault. Additionally, investigators might try to interview your friends or coworkers to uncover what you said about the accident.
  3. I am entitled to file a lawsuit against the drunk driver who is responsible for my car accident? Yes, as long as you can show that the drunk driver’s negligence caused the accident and your resulting injuries. If the intoxicated driver is facing DUI charges, he or she could be presumed to have been driving negligently. Most victims recover at least some compensation from their auto insurance policies, which provide compensation for economic damages, such as lost wages and hospital bills. Nevertheless, many victims of drunk driving accidents require further compensation above their policy limits. If your damages are more than $50,000 or you suffered a serious injury, you will be able to pursue additional compensation through a personal injury claim.
  4. What if the drunk driver is uninsured? Since New York is a no-fault insurance state, the personal injury protection (PIP) coverage for our own auto insurance policy will cover the first $50,000 in economic damages. If the drunk driver was uninsured at the time of the accident, you may file a claim with your uninsured motorist coverage for costs exceeding policy limits.
  5. Can I pursue a lawsuit if the drunk driver has not yet been convicted? It is acceptable for the criminal and civil cases to coincide. Criminal courts are meant to punish wrongdoers and do little to compensate victims of drunk driving accidents. The civil court system allows injured victims to pursue desperately needed compensation outside of their insurance policies. Any criminal charges against the drunk driver can serve as supplementary evidence that his or her irresponsibility caused the accident. A verdict in a criminal trial against the drunk driver can potentially influence your personal injury case. Nevertheless, there is no reason to wait for a criminal conviction before filing your lawsuit. Victims are entitled to seek monetary compensation regardless of the verdict in the criminal trial. Besides, proving a drunk driver’s guilt in a civil case requires a much lower burden of proof than in a criminal case.



  1. I was injured in a car crash as a passenger of a drunk driver. Can I file a lawsuit against the driver? Depending on the circumstances of the crash, it may be possible to hold the drunk driver liable for your injuries. Drivers owe their passengers a duty of reasonable care to avoid all needless accidents and resulting injuries. The drunk driver breached his or her duty of care by driving intoxicated and could be held liable. However, if you provided alcohol to the driver, it could complicate your claim. New York is a comparative negligence state, meaning that even if you were partially responsible for the crash, you might still be able to obtain compensation from the drunk driver. These types of lawsuits can be especially complex, so we recommend discussing your claim with a knowledgeable personal injury lawyer.
  2. In addition to the driver, can any other parties be held responsible for your drunk driving accident? While drunk drivers should always be held liable for their actions, oftentimes, other parties enabled their drinking and driving. The Dietrich Law Firm P.C.’s elite team of drunk driving attorneys will conduct a meticulous investigation to determine whether there should be any other defendants, such as hosts or providers of alcohol in a social setting, employers, retail stores, restaurants, or bars, that may also be held responsible for your damages. New York State has what is known as the Dram Shop Law, which means that sellers and providers of alcohol can be held liable to those injured or killed as a result of accidents caused by alcohol.
  3. I lost a loved one in a drunk driving accident. What are my options? The loss of a loved one because of a drunk driver can put loved ones in a very tough situation both emotionally and financially. If you lost a family member in a drunk driving accident, you might be eligible to file a wrongful death claim. Although no amount of money can truly compensate for the loss of your loved one, it can ease the economic burdens for medical and burial expenses. Most importantly, a wrongful death claim can provide you with a sense of justice, knowing that the drunk driver must accept responsibility for his or her recklessness. Kindly note that there are strict time limitations applicable to wrongful death claims, so we recommend contacting the Dietrich Law Firm P.C.’s veteran lawyers as soon as possible to preserve your rights.
  4. How much is my New York drunk driving crash case worth? The truth is every case is different, and there is no clear-cut computation to ascertain the exact value of your crash. The most important aspects in determining the value of your case are the seriousness of your injuries, how long recovery is anticipated to take, and any economic losses endured. Full compensation for all economic and non-economic losses through a personal injury lawsuit may include compensation for both past and future hospital bills for all injuries, property damage, lost wages from missed work, reduced future earning capacity, pain and suffering, loss of companionship, loss of enjoyment, permanent disfigurement, life-long disabilities suffered, and wrongful death.

Jed Dietrich, Esq. has exclusively handled serious personal injury cases throughout the United States since 1999, including various drunk driving lawsuits. If you have suffered any injuries because of another driver’s alcohol consumption, allow Jed Dietrich, Esq., recognized as an American Institute of Trial Lawyers Litigator of the Year, and his team of highly experienced, aggressive, tenacious, and hardworking Buffalo, New York drunk driving accident lawyers to fight for you. Our prestigious law firm serves as a vigorous legal advocate for the justice of victims of drunk driving accidents. We want you to concentrate on healing and getting your life back together; our battle-tested lawyers will pursue the compensation that you and your family deserve. Please do not let a drunk driver get away with destroying your life. The Dietrich Law Firm P.C.’s seasoned team offers complimentary lawsuit evaluations and consultations. We would be honored to speak to you about your possible claim. Call us today at 716-839-3939.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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