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You were doing everything right when you were out driving. Stopping at stop signs, going the speed limit, on your side of the road, and stopping for a late crosswalk walker, when another driver plows into you. Then the police officer says the word that changes how you see the whole crash: drunk.
They made that choice before they ever got behind the wheel. Now you are dealing with a car you can’t drive, doctor visits, ambulance, and hospital bills. You know there is a criminal case, but you don’t know if that will get you the help you need to pay for your injuries, or if that case matters for you.
New York Auto Law understands how disorienting all of this can be and can advocate for you without waiting on anyone else’s schedule.
What Should I Do After Being Hit by a Drunk Driver in Buffalo?
Get medical care first, and ask the responding officer for the police report number before you leave the scene if you are able. Then contact a Buffalo drunk driving accident lawyer before speaking with any insurance adjuster, since the drunk driver’s insurer will look for ways to limit what they pay, even when their driver was clearly impaired.
New York Auto Law can request the police report, send letters preserving evidence like surveillance footage or the driver’s tab from that night, and identify every source of compensation available, work that starts the moment you call.
Why Are Drunk Driving Crashes Treated Differently Under New York Law?
Ordinary car accidents usually involve a mistake: a moment of inattention, a misjudged distance, bad weather. Drunk driving is different because the driver broke the law before the crash ever happened. New York makes it a crime to operate a vehicle with a blood alcohol content of .08 percent or higher, and a driver who chooses to drive after drinking to that point has already disregarded a rule meant to protect everyone else on the road. In a civil case, that fact can turn what might otherwise be a drawn-out debate about who was careless into a much clearer question of accountability.
Your Case Does Not Wait on Theirs
Many victims assume they need to wait for the criminal case against the drunk driver to finish before pursuing their own claim. That assumption can cost real time, and it is not accurate. A criminal case and a civil case are separate proceedings with separate purposes.
The criminal case exists to punish the driver on behalf of the state, and prosecutors must prove guilt beyond a reasonable doubt, a very high standard. Your civil case exists to compensate you, and it only requires proof by a preponderance of the evidence, meaning it is more likely than not that the driver’s intoxication caused your injuries, a lower bar to meet. Your civil claim can proceed regardless of whether the criminal case results in a conviction, a plea deal, or even a dismissal.
As a drunk-driver crash-victim attorney in Buffalo, New York Auto Law can begin working on your behalf right away, including sending letters requesting that businesses or individuals preserve evidence, such as surveillance video or receipts, before it is deleted or discarded in the ordinary course of business.
Can I Hold the Bar or Restaurant That Served the Driver Responsible?
In some cases, yes. New York’s Dram Shop Act allows a person injured by an intoxicated individual to bring a claim against whoever unlawfully sold or helped procure the alcohol that caused the intoxication. An unlawful sale includes serving alcohol to a:
- Visibly intoxicated individual,
- Person under 21, or
- Known habitual drunkard.
If a bar, restaurant, or other establishment kept serving a customer who was obviously drunk, and that customer went on to cause your crash, this law may give you a separate path to compensation beyond the driver alone. The statute itself allows for both actual damages, meaning compensation for your real losses, and exemplary damages, a term for damages meant to punish especially irresponsible conduct.
This is often where a DUI accident lawyer in Buffalo, NY, can help because dram shop claims require different evidence than a claim against the driver: staff schedules, receipts, and witness accounts of how visibly intoxicated the driver appeared before they were served.
Can I Recover Punitive Damages from a Drunk Driver?
Possibly, though this is never guaranteed and depends heavily on the specific facts of your case. New York courts do not award punitive damages in ordinary negligence cases, which is what most car accidents would be considered, even serious ones.
These damages are reserved for conduct that courts describe as a conscious disregard of the rights of others, or conduct so reckless it amounts to the same thing. That is a demanding standard. It does not ask whether the driver made a mistake. It asks whether the driver understood the risk of what they were doing and chose to do it anyway, fully aware that someone else could get hurt.
Courts treat that seriously because punitive damages exist to punish and deter, not to compensate, so judges reserve them for conduct that genuinely crosses that line rather than applying them to every case where someone was careless. Whether a drunk driving crash meets this standard depends on the circumstances.
Factors that support an argument that the driver’s conduct crossed the line from negligent into something a court could punish can include:
- High blood alcohol level,
- Prior drunk driving conviction, or
- Extreme recklessness at the time of the crash.
No formula guarantees this outcome, and it is ultimately a decision for the judge or jury based on the evidence in your case. Still, it is a real possibility worth exploring with a DUI accident lawyer in Buffalo, NY, rather than guessing at it alone.
Does New York’s No-Fault Insurance Still Apply If the Other Driver Was Drunk?
Yes. Your right to no-fault benefits, which cover basic medical expenses and a portion of lost wages, comes from your own auto insurance policy and does not depend on who caused the crash. You do not lose those benefits because the other driver was intoxicated.
New York does cap certain noneconomic damages, meaning compensation for pain and suffering rather than medical bills, at $100,000 for an injured person who was themselves at fault, uninsured, or driving while impaired at the time of the crash. This cap applies to the at-fault or impaired driver’s own claim, not to yours as the victim.
Your own path to full compensation for pain and suffering still depends on a separate question: Whether your injuries meet New York’s legal definition of a serious injury, which includes things like:
- Fracture,
- Permanent loss of use of a body function, or
- Significant limitation that affects your daily life.
Because the drunk driver’s intoxication already points clearly to fault, this threshold, not who caused the crash, is often the real question that determines how much you can recover beyond your no-fault benefits.
What If I Were Partly at Fault for the Crash?
New York follows a modified comparative fault rule for motor vehicle injury cases. If you are found to be 50% or less at fault for the crash, you can still recover compensation, reduced by your share of the blame. If you are found more than 50% at fault, the law bars recovery entirely.
Even when the other driver was legally intoxicated, an insurance company may still look for ways to argue you contributed to the crash, whether through speed, following distance, or another factor, since shifting even a small percentage of blame changes what they owe.
Why Ask New York Auto Law to Be Your Buffalo Drunk Driving Accident Lawyer?
New York Auto Law takes on cases other firms might shy away from, including crashes caused by drivers who broke the law before they ever caused a collision. That willingness comes from decades of collective experience representing people hurt by reckless and impaired drivers across New York.
Families and injured people in Western New York get direct access to that same team: Real answers from the people actually working your case, not a call center reading from a script. We built this practice because we believe a driver’s decision to get behind the wheel while intoxicated deserves a firm willing to pursue every available avenue of accountability, not just the easiest one.
The Drunk Driver Made a Choice. Now Hold Them to It.
You should not have to accept a lowball offer because an insurance company is betting you will not push back. New York Auto Law can investigate what happened, pursue every party who bears responsibility, including a bar or restaurant if the facts support it, and fight for the full compensation your case deserves. Reach out today for a free consultation, and let us take the fight to the people who caused this.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Operating a motor vehicle while under the influence of alcohol or drugs, N.Y. Veh. & Traf. Law § 1192(1) and (2) (2014).
- Compensation for injury caused by the illegal sale of intoxicating liquor, N.Y. Gen. Oblig. Law § 11-101 (2014).
- Prohibited sales, N.Y. Alco. Bev. Cont. Law § 65 (2016).
- Sharapata v. Town of Islip, 56 N.Y.2d 332 (1982).
- Causes of action for personal injury, N.Y. Ins. Law § 5104(a) and (d) (2026).
- Definitions, N.Y. Ins. Law § 5102(d) (2026).
- Damages recoverable when contributory negligence or assumption of risk Is established, N.Y. C.P.L.R. § 1411(b) (2026).
Michael Greenspan has been deeply involved in the affairs of his community for his entire professional career. Mike has been a certified high school track and field official since 1992 and has officiated at prestigious invitational meets as well as the New York State Championships. Additionally, Mike has served as a member of the Executive Committee of the Glenn D. Loucks Games at his alma mater, White Plains High School since 1991 and as a member of the Board of Directors of the JCC-Rockland.