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Aggressive Legal Advocates Fighting For Drunk Driving Accident Victims

Drunk driving has been a persistent problem on U.S. roads and highways since the automobile was first invented. Despite increasingly harsh criminal penalties and widespread public awareness of its dangers, drunk drivers continue to injure and kill innocent people at astonishing rates.

Each year, more than 10,000 people lose their lives in alcohol-related crashes in the United States, and countless more are seriously injured. If you or a loved were seriously hurt by a negligent drunk driver, contact the attorneys at Chiacchia & Fleming, LLP. We work tirelessly to help you secure compensation for your medical bills, lost wages, pain and suffering and more.

Seeking Justice In Criminal And Civil Court

Drunk driving accidents typically result in criminal charges for the drunk driver. And while this is appropriate, it does little to compensate victims who were seriously injured in that crash. Thankfully, victims have the option of pursuing a second case in civil court.

If you were struck by a drunk driver who is now facing criminal charges, you have the right to sue the driver for personal injury regardless of how the criminal case is decided. While a criminal conviction would likely bolster your argument that the driver was negligent, an criminal acquittal would not mean the end of your lawsuit.

In order to win in a civil trial, the jury must find the defendant guilty upon “preponderance of the evidence.” This is an easier standard to meet than proving guilt “beyond a reasonable doubt,” which is the standard in criminal court. Put simply, the success of your civil case is not dependent on the outcome of the criminal trial.

Finding Additional Defendants

The drunk driver who hit you may not be the only liable party. In some cases, the person or business that supplied them with alcohol may also be at fault. New York has what are known as “dram shop” laws that allow the victims of alcohol-related harms to sue bars and restaurants that overserved someone who then went on to harm others.

Under New York’s law, alcohol vendors cannot legally provide alcohol to patrons who are under the age of 21 or to patrons who are already “visibly intoxicated.” If they do, they may be held jointly liable for ensuing injuries that the intoxicated person causes to others.

As part of our thorough investigation in your drunk driving accident, we will determine where the drunk driver obtained alcohol and whether dram shop liability would apply.

Speak To Attorneys Who Listen And Care

Chiacchia & Fleming has been offering skilled and compassionate personal injury representation for decades to clients in Hamburg and surrounding areas of New York. We can do the same for you. To schedule a free case evaluation with one of our attorneys, call us at 716-412-6549 or send us an email.