Long Island Drunk Driving Accident Lawyer

Attorneys Representing Victims of Drunk Driver Crashes Across Nassau and Suffolk Counties

A drunk driving crash can change a person’s life instantly. One moment you are driving home from work on Sunrise Highway or the Long Island Expressway or any other road. The next minute, another driver’s poor decision to get behind the wheel while intoxicated results in a violent collision that leaves you dealing with injuries, medical treatment, lost income, and uncertainty about what to do next.

Drunk driving accidents are especially troubling because they are entirely preventable. When someone decides to drive while impaired by alcohol or drugs, they put everyone else on the road at risk. Unfortunately, these crashes continue to occur throughout Nassau and Suffolk Counties on major roads such as Route 110, Hempstead Turnpike, and Montauk Highway, as well as local streets in communities like Huntington, Babylon, Patchogue, and across the East End of Long Island in places like East Hampton and South Hampton.

For victims and families, the aftermath of a serious accident is overwhelming. Medical appointments begin almost immediately. Insurance companies start calling looking for statements. Hospitals and doctors ask questions about who will pay the medical bills. You wonder how lost income will be recovered, and whether the driver responsible will be held accountable.

At Palermo Law, our Long Island personal injury attorneys represent individuals who have been injured by drunk or impaired drivers. For more than 25 years, our firm has focused on helping injury victims navigate the legal process after serious accidents. During that time, we have recovered more than $75 million for injured clients and earned over 400 five-star Google reviews from people we have helped.

With 9 office locations throughout Nassau and Suffolk Counties and more than 75 years of combined legal experience, our team works to guide clients through the legal system with understanding and support during what is often one of the most difficult times of their lives.

Drunk driving crashes are legally treated like many other types of motor vehicle accidents. If you would like to understand how these cases are investigated more broadly, you can also review our Long Island car accident lawyer page.

DWI Laws at a Glance

Impairment thresholds, criminal penalties & civil liability under VTL §1192

• Under VTL §1192(2), a BAC of 0.08% or higher is automatically a violation — no additional evidence of impairment required.
• A driver can also be charged under §1192(3) (common law DWI) based on observable behavior even if BAC is below 0.08%.
• Refusal to take a chemical test results in immediate license revocation and can be used as evidence in a civil injury case.

Why Choose Palermo Law for a Drunk Driving Accident Case

When someone is injured by a drunk driver, they deserve an attorney with the experience, resources, and commitment to pursue the full value of their claim. At Palermo Law, that is what we provide. Every case at Palermo Law is guided by three core principles:

Maximize Financial Recovery

We prepare every case as if it may ultimately go to trial. That means obtaining all the evidence to support your claim, working with medical and financial experts to document the full scope of injuries and financial losses, and presenting the strongest possible case to insurers. Insurance companies respond differently when they know an attorney is prepared to litigate. Being thoroughly prepared for trial is actually the most effective way to ensure your case settles for full value.

Reduce Stress for Our Clients

We handle the insurance process, paperwork, and communications so our clients can focus on recovery. From filing no-fault applications to managing correspondence with adjusters and defense attorneys, we take on the legal burden so that our clients are not left dealing with a complicated legal system while dealing with their injuries.

Move Cases Forward Efficiently

Our structured approach helps maintain momentum and move cases toward resolution without unnecessary delay. We monitor each case closely, respond promptly to developments, and keep clients informed at every stage. Drunk driving cases involve serious injuries, and we understand that timely resolution matters deeply to the people we represent.

Why Drunk Driving Accidents Are So Dangerous

Alcohol and drugs impair the basic abilities required to safely operate a vehicle. Judgment becomes compromised, reaction time slows, and the ability to process different traffic conditions at once becomes significantly reduced.

On Long Island’s busy roadways, these impairments can create extremely dangerous situations. Roads like the William Floyd Parkway, Jericho Turnpike, and Route 112 carry fast-moving traffic where drivers must constantly adjust to changing conditions. When an impaired driver fails to react to normal traffic situations, the results can be catastrophic.

Drunk driving crashes often involve extremely violent impacts because intoxicated drivers so often fail to brake or take any type of evasive action before the collision happens.

Common drunk driving crash scenarios include:

Rear-End Collisions

Impaired drivers often fail to notice slowing or stopped traffic ahead. Because alcohol slows reaction time, they may not apply the brakes until it is too late.

Wrong-Way Driving

Highly intoxicated drivers sometimes enter highways or parkways traveling the wrong way. These crashes often occur at high speeds and are usually devastating. This conduct violates VTL §1127, which requires drivers to operate on the right side of the roadway.

Running Red Lights or Stop Signs

Alcohol impairs judgment with respect to traffic signals. Many drunk driving crashes occur at intersections where drivers fail to stop at red lights. Failing to stop for a red light or stop sign violates VTL §1111, which governs obedience to traffic control devices in New York.

Lane Drifting or Unsafe Lane Changes

Drivers impaired by alcohol may drift between lanes or sideswipe nearby vehicles. This behavior violates VTL §1128, which requires drivers to remain within one single lane and make lane changes only when it can be done safely after signaling.

Loss of Vehicle Control

In some cases, intoxicated drivers lose control entirely and strike other vehicles, pedestrians, or roadside structures.

Because of the high forces involved in these crashes, victims frequently suffer serious injuries requiring serious medical care and long-term recovery.

In some situations, liability may extend beyond the intoxicated driver. If a bar, restaurant, or other establishment served alcohol to a visibly intoxicated person, it may also be legally responsible for the resulting crash. To learn more about these claims, you can visit our Long Island liquor liability injury lawyer page.

Common Injuries in Long Island Drunk Driving Accidents

Drunk driving crashes often result in serious injuries because impaired drivers frequently fail to slow down before impact.

Common injuries include:

Traumatic Brain Injuries

Head trauma can occur when the head strikes the steering wheel, window, or airbag during a collision. Concussions and traumatic brain injuries can affect memory, concentration, and daily functioning.

Neck and Back Injuries

The sudden motion of a crash can cause whiplash, muscle tears, and herniated discs that lead to long-term pain and mobility problems.

Broken Bones

Victims often suffer fractures to the wrists, arms, ribs, legs, or ankles as they brace for impact.

Internal Injuries

Internal bleeding or organ damage may not be immediately visible but can become life-threatening if untreated.

Spinal Cord Injuries

Severe crashes can damage the spinal cord and may lead to paralysis or permanent disability.

Emotional Trauma

Victims of drunk driving crashes may experience anxiety, sleep disturbances, or post-traumatic stress following the event.

Because injuries can worsen over time, medical evaluation shortly after an accident is extremely important.

In New York, medical treatment and certain financial losses like lost wages, following a car accident are often initially covered by the state’s no-fault insurance system. You can learn more about how these benefits work on our Long Island no-fault insurance lawyer page.

What To Do After a Drunk Driving Accident on Long Island

The steps taken in the hours and days following a crash can affect both your recovery and your ability to pursue a claim.

Understanding No-Fault Insurance After a Drunk Driving Accident

Even when a crash is caused by a drunk driver, New York’s no-fault insurance system usually applies meaning your insurance company will be responsible for your medical bills and a portion of your lost wages.

No-fault insurance provides coverage for certain financial losses through your insurance regardless of who caused the accident.

Most standard policies provide up to $50,000 in no-fault benefits.

These benefits typically cover:

• Medical treatment related to the accident
• A portion of lost wages
• Transportation to medical appointments
• Certain household services if injuries prevent normal activities

However, no-fault insurance does not compensate victims for pain and suffering.

To pursue those damages, the injured person must meet New York’s serious injury threshold under Insurance Law §5102(d). If the threshold is met, the other person’s insurance is responsible for paying for your pain and suffering and any other expenses you have incurred.

When Can You Sue After a Drunk Driving Accident?

A lawsuit may be brought if the accident caused a serious injury.

Examples include:

• Bone fractures
• Significant disfigurement
• Permanent loss of use of a body function
• Permanent or significant limitation of a body system
• Injuries preventing normal activities for at least 90 of the first 180 days after the crash

Many drunk driving accidents involve injuries such as spinal injuries, traumatic brain injuries, or fractures that meet this threshold.

How Liability Is Proven in a Drunk Driving Accident Case

Proving a case is a process. It should not be rushed. Successful cases are built by creating momentum and keeping it moving forward. Under New York Vehicle and Traffic Law §1192, a driver operating a vehicle while impaired or intoxicated is in violation of state law, and that violation supports a finding of negligence in a civil injury claim.

Our investigation typically includes:

• Obtaining police accident reports
• Reviewing evidence of intoxication such as breath or blood test results
• Collecting witness statements
• Reviewing photographs, surveillance footage, and dashcam recordings
• Examining vehicle damage patterns
• Consulting accident reconstruction experts when necessary

At the same time, we help clients receive medical treatment and no-fault benefits while the case is being built.

Once treatment stabilizes, we prepare a detailed settlement submission explaining the full impact of the injuries and the evidence supporting the claim to the insurance adjuster.

Compensation Available After a Drunk Driving Accident

When a serious injury allows a lawsuit to proceed, victims may seek compensation for:

Medical Expenses

Past and future medical treatment related to the accident.

Lost Income

Income lost while recovering as well as diminished future earning ability.

Pain and Suffering

Compensation for the physical pain and emotional impact of the injury.

Long-Term Effects

Serious injuries may permanently affect mobility, independence, and quality of life.

Each case depends on the severity of the injury and the strength of the supporting evidence.

Reviewed by

Steven Palermo Esq.

Senior Partner, Palermo Law, P.L.L.C.

Steven Palermo is a Long Island personal injury attorney with more than 25 years of experience representing injured victims in Nassau and Suffolk Counties. He is admitted to the New York State Bar and the United States District Court for the Eastern District of New York.