A drunk driving accident lawyer helps people who were hurt, or lost someone, because another driver chose to get behind the wheel drunk. At Rosenthal, Kooshoian & Lennon, LLP, we build the injury claim against the driver, look hard at who else shares the blame, and pursue every dollar you're owed, including the extra accountability the law reserves for this kind of reckless choice.
Few crashes feel as senseless as one caused by a drunk driver. It didn't have to happen, and everyone knows it, which is part of what makes the aftermath so hard. Our Buffalo drunk driving accident attorneys stand with victims and families across Western New York and make sure the people responsible answer for it. This is one focus of our broader Buffalo car accident and personal injury practice, so the full weight of the firm is behind your case.
Call us 24/7 at 716-854-1300 to speak with a personal injury lawyer near you, or contact us for a FREE consultation.
Yes. A driver who causes a crash while intoxicated is responsible for the harm they cause, and you can bring a civil claim to recover for your injuries, lost income, and pain. That claim belongs to you and runs on its own track, separate from whatever the criminal courts do to the driver.
Drunk driving is about as clear a case of negligence as they come. The hard part usually isn't proving the driver did something wrong, it's making sure you recover the full value of what the crash cost you, from every source available. That's where having a lawyer in your corner makes the difference.
No, they're two separate things. The criminal DWI case is the state punishing the driver with fines, license consequences, or jail. Your injury claim is a civil case you bring to be compensated. A criminal conviction can help prove your civil case, but even court-ordered restitution rarely covers what you've actually lost.
You don't have to wait for the criminal case to finish to protect your own claim, and you shouldn't. We coordinate with what's happening on the criminal side while we build the civil case that actually puts money toward your recovery.
Sometimes, yes. Under New York's Dram Shop Act, a business that served alcohol to someone already visibly drunk, or to someone under 21, can be held responsible to the people that person later hurts. It's a separate source of accountability, and often a separate source of insurance, beyond the driver alone.
These claims turn on proof, that the driver was showing visible signs of intoxication when they were served, or that they were underage, and that the drinking led to your crash. It's worth investigating in every serious drunk driving case, because the parties who share the blame can reach well past the person behind the wheel:
Don't assume the driver is the only one who owes you something. We investigate where the alcohol came from, because it often opens another door to full compensation.
New York treats house parties differently from bars. In general, a host isn't responsible for serving another adult, but the rules change when alcohol is served to someone under 21. An adult who knowingly gives alcohol to a minor who then causes a crash can be held responsible to the people that minor hurts.
This matters most in cases involving teen drinking, a graduation party, a gathering where someone looked the other way. These situations are fact-specific and often uncomfortable to sort out, but they can be an important source of accountability. We look into where and how the driver got the alcohol in every serious case.
Punitive damages are extra money meant to punish especially reckless conduct, not just compensate you for your losses. Drunk driving is one of the situations where New York may allow them, because getting behind the wheel drunk shows exactly the kind of disregard for others' safety these damages are designed to address.
They aren't automatic, and they aren't available in every case. But the reckless nature of a drunk driving crash can put them on the table in a way an ordinary fender-bender never would. It's one more reason these cases can carry more value than a routine collision, and one more reason to have them evaluated by a lawyer.
If you were in a car, your own no-fault coverage pays your initial medical bills and lost wages no matter who caused the crash. To recover for your pain, suffering, and long-term losses, you bring a claim against the drunk driver, and any other responsible party, and for that you generally need to meet New York's serious injury threshold.
Victims of drunk driving crashes usually clear that threshold, because these wrecks tend to be violent and the injuries severe. The claim against the driver, and possibly a bar or other party, is where the real value lives. Comparative fault can still enter the picture, and insurers may try to shift some blame onto you, but a drunk driver is rarely in a strong position to point fingers.
You can still recover. A passenger who's hurt because their driver was drunk has a claim against that driver, even if it was someone you know. It feels strange to bring a claim against a friend or family member, but in practice you're making a claim against their insurance, which exists for exactly this.
These situations are more common than people expect, and the guilt around them keeps many injured passengers from getting help they're entitled to. You didn't cause the crash. The driver's insurance is there to cover the people they hurt, and that includes the people who trusted them for a ride.
Yes. New York's comparative negligence rule lets you recover even if you share some blame, with your percentage of fault reducing the amount. And a drunk driver is in an unusually weak spot to argue that someone else was the careless one.
Insurers may still try, suggesting you were speeding or could have avoided the crash. Against a driver who was legally intoxicated, those arguments rarely get far, and we answer them with the facts.
You may still have a path to compensation through your own uninsured or underinsured motorist coverage. Drunk drivers are more likely than most to be uninsured or carry bare-minimum policies, and that coverage exists for exactly this situation, a serious injury caused by a driver who can't cover it.
We'll review your policy, explain what coverage you actually have, and pursue every available source, from the driver to a dram shop claim to your own carrier. People are often surprised how much coverage turns out to be in play once we dig in.
A drunk driving claim can recover your medical bills, lost income, reduced future earning power, pain and suffering, and the cost of long-term care and property damage. In the case of a fatal crash, a family can bring a wrongful death claim, and punitive damages may be available on top.
The insurer's first number is never the real one. The full picture includes the surgery still ahead, the therapy, the work you'll miss, and the ways a serious injury reshapes a life. Our attorneys build that number with input from your doctors and, when a case calls for it, economic and medical experts, so the demand reflects everything the crash actually took.
By measuring the full cost of the crash across your whole recovery, then weighing the reckless conduct on top. The base is your medical care, lost earnings, and the pain and life changes the injury caused. The driver's choice to drive drunk can raise the value further, both through possible punitive damages and through how a jury tends to see it.
Juries respond to drunk driving. A serious injury caused by a preventable, selfish choice reads very differently in a courtroom than an ordinary accident, and insurers know it. That reality can strengthen your position in settlement talks. We build the number with your treating providers and, when the injuries are lasting, economists and life-care planners, so the demand covers not just today's bills but the years of consequences ahead.
Your family may have a wrongful death claim, brought through the estate of the person who died, along with a survival action for what they suffered before passing. Drunk driving deaths are also among the cases where punitive damages can come into play, given how preventable they are.
Nothing about a claim eases that kind of loss, but it can hold the driver and anyone who shares the blame accountable, and provide for the family left behind. Our fatal car accident attorney page explains how these claims work, who can file, and what a family can recover. We handle them with the care they deserve.
Usually three years from the date of the crash to sue the at-fault driver, and generally two years for a wrongful death claim if someone was killed. If a government vehicle was involved, a formal notice can be due within 90 days.
Waiting costs you in quieter ways too, as evidence fades and witnesses scatter. Dram shop claims in particular depend on records and testimony that are easier to secure early. The safest move is to talk with a lawyer soon, so no deadline slips by.
Get medical care first, then focus on preserving what happened. Call 911, get a police report started, and make sure officers know you suspect the other driver was drunk. Photograph the scene, get witness names, and be careful what you say to any insurance company before you talk to a lawyer.
The police response matters more here than in an ordinary crash, because officers may conduct sobriety testing and make an arrest that becomes powerful evidence later. Hold onto everything, and let your lawyer deal with the insurers. What feels like a helpful phone call to an adjuster can quietly work against you.
We build the case on two fronts at once: the driver's liability, and everyone else who shares it. From the first days, we lock down the evidence, trace where the driver was drinking, and prepare the case as if it's going to trial, because that's what makes insurers take it seriously.
Early on, our attorneys secure the police and arrest records, track down witnesses and video, and investigate any bar, restaurant, or host that may share responsibility under the Dram Shop Act. We document your injuries and their long-term impact, present the claim to every available insurer, and file suit in New York State Supreme Court when they won't deal fairly. Most cases settle through negotiation or mediation, but we prepare every one for trial, and we keep these matters in house from start to finish.
We represent injured people and grieving families across Western New York, and we handle drunk driving cases the same way we handle every case, in house, start to finish, through settlement, trial, and appeal. We know how to find every responsible party and how to make the case for full accountability.
Victims of drunk drivers deserve a firm that treats the crash with the seriousness it demands and isn't afraid to try the case. That's what we bring, along with straight answers in plain language, so you always know where things stand. You focus on healing. We'll handle the fight for accountability.
If a drunk driver hurt you or took someone you love in Buffalo or Western New York, the attorneys at Rosenthal, Kooshoian & Lennon, LLP are ready to help. Contact us for a free consultation, and a Buffalo drunk driving accident lawyer will review your crash, explain every source of accountability, and lay out your options, with no fee unless we recover for you.
The sooner we start, the more we can do to preserve the evidence, identify everyone responsible, and protect your right to full compensation.
Call us 24/7 at 716-854-1300 to speak with a personal injury lawyer near you, or contact us for a FREE consultation.
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