If a drunk driver hit you in New York, you can pursue a civil claim for your medical bills, lost wages, and pain and suffering. That claim is separate from any criminal case against the driver. Drunk driving is powerful evidence of negligence, and in some cases punitive damages may be available. Most New York personal injury claims must be filed within three years of the crash, so acting quickly protects your rights.
The holiday season fills Long Island roads with office parties, family gatherings, and late nights out. It also brings more impaired drivers to the Long Island Expressway, Sunrise Highway, the Southern State Parkway, and local roads in Brentwood, Bay Shore, and Port Jefferson. If you or someone you love was hurt by a driver who chose to get behind the wheel after drinking, you deserve answers and accountability.
Can You Sue a Drunk Driver in New York?
Yes. A driver who causes a crash while intoxicated is almost always found negligent, because driving drunk breaks both the law and the basic duty every driver owes to others on the road. An injured person can bring a civil claim for compensation, even if the driver is also facing criminal charges.
How Does New York Define Drunk Driving?
DWI: driving with a blood alcohol content (BAC) of 0.08 percent or higher, or while impaired to the point of being unable to drive safely.
Aggravated DWI: driving with a BAC of 0.18 percent or higher, which carries enhanced penalties.
DWAI: driving while ability impaired by alcohol or drugs, which includes a BAC of 0.05 to 0.07 percent. It is a lesser charge, but it can still create civil liability.
Leandra's Law: a DWI with a child passenger under 15 years old is an automatic felony, even on a first offense.
Criminal Case vs. Civil Claim: What Is the Difference?
A criminal case is brought by the state to punish the driver. A civil claim is brought by you to recover for the harm you suffered. Even if the criminal case ends in a plea or a reduced charge, your civil claim can move forward on its own. The two cases follow separate timelines and separate rules.
What Compensation May Be Available After a Drunk Driving Crash?
Depending on your injuries, a claim may seek compensation for medical expenses, lost wages, future care, and pain and suffering. In New York, your own no-fault insurance pays initial medical bills and lost wages regardless of fault. To sue the at-fault driver for pain and suffering, your injury must meet the serious injury threshold under NY Insurance Law Section 5102(d). Because drunk driving conduct is so serious, punitive damages may also be possible in some cases.
Keep in mind that for motor vehicle cases commenced on or after May 27, 2026, New York now follows modified comparative negligence. If you are found more than 50 percent at fault, you recover nothing. Insurers may try to shift blame onto you even when the other driver was impaired, which is one more reason to have an attorney on your side early.
What Should You Do After a Crash With a Suspected Drunk Driver?
Call 911 and report that you suspect the other driver is impaired.
Get medical attention right away, even if you feel fine. Some injuries show up later.
Note what you observed: slurred speech, the smell of alcohol, unsteady movement, or open containers.
Get the police report number and the names and numbers of any witnesses.
Take photos of the vehicles, the scene, and your injuries.
Do not give a recorded statement to any insurance company before speaking with an attorney.
How Militello Law Group Helps Injured Long Islanders
Joseph Militello has more than 20 years of experience representing injured individuals and families across Nassau County, Suffolk County, and New York City, with a track record of 99 percent victories for clients (prior results do not guarantee a similar outcome). Every client gets direct access to Joe, not a call center.
The firm works on a contingency fee basis. There is no upfront cost, and Joe only gets paid if you do. That means you can focus on healing while he handles the fight.
Frequently Asked Questions About Drunk Driving Accident Claims in New York
Can I sue a drunk driver even if they were not convicted?
Yes. A civil claim does not depend on a criminal conviction. Your case focuses on whether the driver's negligence caused your injuries.
How long do I have to file a claim after a drunk driving accident in New York?
Most personal injury claims must be filed within three years of the accident. If a loved one died in the crash, a wrongful death claim generally must be filed within two years of the date of death.
Does my own insurance pay first after a crash in New York?
Yes. New York is a no-fault state, so your own insurance pays initial medical bills and lost wages regardless of who caused the crash. A lawsuit for pain and suffering requires a serious injury.
What if the drunk driver has no insurance?
You may still have options, including coverage under your own policy. An attorney can review your policy and explain what is available.
Hurt by a Drunk Driver on Long Island? Call Joe Directly.
You did nothing wrong, and you should not have to face the insurance companies alone. Call Militello Law Group, P.C. at (631) 524-5565 or visit militellolawgroup.com to start your free case review today. No upfront fees. No cost unless we win.
Militello Law Group, P.C. | (631) 524-5565 | Prior results do not guarantee a similar outcome. Attorney advertising.
