What Should You Know About DWI Accident Claims?
Across the city of New York, and the outer suburbs of Long Island as well as the other boroughs, we have seen a marked increase in the number of car accidents occurring almost year over year. The fact of the matter is that while many of these car accidents might simply be a product of general negligence, or mistakes made by individuals on the road, a fair share of these accidents are also often a product of drunk driving or drivers under the influence of other drugs. When it comes to DUI accident claims, according to Levine & Wiss, the best DUI accident lawyer NYC has to offer, while its one of the most basic laws in the books, not to drink and drive, far too many individuals do it, and when they do and they choose to drive unsafely and at a high rate of speed, it can often lead to accidents and a series of damages for the victims. According to Levine & Wiss, the best DWI accident lawyer NYC has to offer, drinking and driving is never okay, it can not only kill the victim, but the driver as well. And when an individual has been charged with a alcohol-related offense, it’s not only just a criminal issue and charge, but its also a civil issue as well and it can often change an individual’s life forever. Its important to understand what exactly a victim needs to do when they’ve been injured by a drunk driver, and they are looking to file a DWI accident claim. In this article, we will be going through what a victim needs to know in such a case.
What is Considered to be Drunk Driving?
According to the team at Levine & Wiss, the best DUI accident lawyer NYC has to offer, its vital that you understand what can be considered to be a drunk driving case. And while not everyone will be involved in such a claim, its important to understand that these types of cases can happen to anyone and at any time. Drunk driving is operating a vehicle, in a case in which a driver has a blood alcohol concentration of BAC of 0.08% or higher. According to Levine & Wiss, the best DWI accident lawyer NYC has to offer, the Center of Disease Control and Prevention or the CDC estimates that 1 in every 3 fatalities in the US that occur as a result of a car accident involved a drunk driver. Across New York State, the statistics are fairly similar as in the state about 30% of all traffic fatalities are the result of drinking and driving. In the year 2018, the National Highway Traffic Safety Administration claims that the state of New York had 943 different fatalities. Amongst those cases, 300 of which were considered to be alcohol-related DUI accident claims.
How is BAC Calculated?
During the course of the investigation, in which a drunk driving case is come upon by the police, they will generally need to find out the blood alcohol levels of the driver or operator of the vehicle, and to best understand why and if alcohol was a cause of the incident. According to Levine & Wiss, the best DWI accident lawyer NYC has to offer, the only way to know a BAC for sure is by a blood test or a breathalyzer. Often, when a crash is come upon by the police, and one of the parties, the at-fault parties, is found out – they will almost always be breathalyzed. The police have the right to do the breathalyzer test on the spot, as this will be able to tell them the best possible BAC at the time at which the operator of the vehicle was actually driving. In NYC and many states across the US, the driver can refuse the BAC testing, until they reach the police station, however this can lead to other consequences and further scrutiny in some case it will even force them to lose their license immediately, simply through the act of refusal.
How Can Criminal Penalties Further Your Civil Claim?
When it comes to filing DUI accident claims, its important to understand that as the victim you have the right to file a claim for damages, both compensatory and punitive based on your being injured as a result of the driver’s negligence and being drunk during the operation of the vehicle. Its important to understand that when a defendant is charged with a criminal charge for a DUI or DWI, it will now further your civil personal injury lawsuit. It’s important to understand that when there is a personal injury lawsuit being filed, the victim and their attorney, have a burden of proof, to show the negligence, and that the negligence led to the injuries they incurred. In such a case, when the defendant is charged criminally, it essentially proves that they were drunk and essentially operated the vehicle negligently. For more information on DWI accident claims, be sure to contact Levine & Wiss today.