Sackstein Sackstein & Lee, LLP
154-08 Northern Boulevard
#2C
Flushing, NY 11354
Telephone: (718) 587-0911
Crashes caused by drunk or impaired drivers are some of the most devastating, and most preventable, accidents on Queens roads. Whether the driver had been drinking, was high on cannabis, or was impaired by prescription or illegal drugs, the people they hit are often left with serious injuries, mounting bills, and a long recovery.
Sackstein Sackstein & Lee, LLP has represented injured New Yorkers since 1952. From our office in Flushing, we help people hurt by drunk and impaired drivers throughout Queens pursue full compensation from the driver and, when the law allows, from the bar, restaurant, or other party that unlawfully supplied the alcohol.
New York’s Vehicle and Traffic Law prohibits driving while impaired or intoxicated in several ways:
Many serious crashes involve drivers impaired by something other than alcohol, and the injured person’s claim works much the same way. Common examples include:
Evidence of impairment can be powerful, but it has to be gathered and preserved. We work to obtain:
Our Queens personal injury lawyers also handle car accident and distracted driving accident cases.
Possibly. New York’s Dram Shop Act allows a person injured by an intoxicated driver to sue a business that unlawfully sold alcohol to that driver, such as by serving someone who was visibly intoxicated. You must be able to show the unlawful sale and that it contributed to the driver’s intoxication. These claims can be valuable because businesses usually carry liability insurance, and the law allows both actual and exemplary damages.
No. New York’s Dram Shop Act covers the unlawful sale of alcohol, not drugs. If the driver was impaired by cannabis or other drugs, your claim generally proceeds against the driver, the vehicle owner, and any other party responsible for the crash.
Recreational cannabis is legal in New York for adults 21 and older, but driving while impaired by it is still a crime. A driver who causes a crash while impaired by cannabis can be held responsible for your injuries the same way a drunk driver can.
No. Your injury claim is a civil case, separate from any criminal DWI case, and it can go forward whether or not the driver is convicted. A guilty plea or conviction can be strong evidence in your civil case, but you can still prove the driver was negligent without one.
Sometimes. New York courts have allowed punitive damages against intoxicated drivers when the evidence shows wanton and reckless conduct, such as a very high blood alcohol level combined with other signs of extreme intoxication. Drunk driving alone does not automatically justify punitive damages, so each case depends on its facts.
Your own auto policy’s uninsured motorist coverage can pay for your injuries if the driver had no insurance or fled the scene. If the driver’s coverage is too low to pay for your losses, supplementary uninsured/underinsured motorist (SUM) coverage on your own policy may help. A dram shop claim against a bar may also provide another source of recovery.
Generally, yes. Claims against a driver follow New York’s no-fault rules, so to recover for pain and suffering you usually must show a “serious injury” as defined by state law, such as a fracture, significant disfigurement, the permanent loss of use of a body part, or a permanent or significant limitation of a body function or system. For lawsuits filed on or after May 26, 2026, an injury that only kept you from your usual activities for 90 of the first 180 days no longer qualifies on its own.
Yes, in a way that generally helps victims. For lawsuits filed on or after May 26, 2026, a driver who was at fault and convicted of impaired driving is limited to $100,000 in non-economic damages if they bring their own injury claim. The cap does not limit the compensation an innocent person injured by that driver can recover.
Most injury claims against a drunk or impaired driver, and dram shop claims, must be filed within three years of the crash. Wrongful death claims generally must be filed within two years of the date of death, and claims against a public entity require a notice of claim within 90 days.
There is no upfront cost. These cases are handled on a contingency fee basis, typically one-third of the recovery, as permitted under New York court rules, and you pay a fee only if we recover compensation for you.
You did nothing to deserve what an impaired driver did to you. Call our Flushing office at (718) 587-0911 to schedule your free consultation. If your injuries make travel difficult, we can meet you at home or in the hospital by appointment.
