Drunk driving is a serious issue. Those who are caught driving while intoxicated can face serious criminal penalties. If, however, you are harmed as a result of someone else’s driving drunk, you should contact a New York car accident lawyer, since you may have remedies available to you in the civil justice system. Depending on the circumstances of the driver’s alcohol consumption, you may have a case, not only against the driver but also against the party who served him drinks. In a recent case surrounding one Buffalo incident, the plaintiffs defeated a defense motion for summary judgment because they had evidence indicating that the driver was visibly drunk but continued to receive more drinks at a party.
Sometimes, life is a series of unfortunate events. Marcy was driving late on April 1, 2013 when she lost control and slammed her vehicle into a concrete barrier. Marcy, her husband, and another passenger got out of the car and stepped onto a grassy area. Another driver then hit Marcy’s car. The husband and the passenger returned to where the cars were located. Police arrived. While the police were working on the scene, another driver hit Marcy’s car, thrusting it into the husband and the passenger, injuring both of them.
The injured men sued the last driver, who was allegedly legally drunk at the time of the accident. The defendant failed field sobriety tests and recorded a .127 result on a blood-alcohol content test. The defendant had imbibed alcohol at a church function and, later, at an event located at the Buffalo Central Terminal. The allegedly drunk driver left the terminal at around 10:30 p.m., stopped at his place of work, and then hit Marcy’s car at around 11:00.