To successfully pursue a Rochester personal injury claim against a drunk driver, there are – in most cases – several factors that must be proven.

Aside from the amount of damages (such as medical expenses, lost wages and pain and suffering), the injured person must prove that the drunk driver caused the motor vehicle accident and that, as a result, the injured person suffered a “serious injury.”

If it is clear that the driver of the vehicle that caused the personal injury was drunk at the time of the collision, this is usually extremely helpful when it comes to establishing that he or she was negligent in causing the motor vehicle accident.

While it may be possible for a drunk driver to be in an accident without having caused it– for example, if the drunk driver was stopped at a red light and struck from behind – juries tend not to give intoxicated drivers the benefit of the doubt when they argue that they were driving appropriately or reacted properly despite being under the influence of alcohol.

To successfully pursue any personal injury claim involving a motor vehicle accident, New York law also requires that the injured person be able to prove that he or she suffered a “serious injury.”

There are several categories of serious injury listed in the law.

Some, such as a fracture or dismemberment, are straightforward and usually easy to prove.

Others are not as straightforward and involve an evaluation of factors such as the degree of impairment caused by the injury and how long lasting its effects will be.

In such cases, it helps to have an experienced personal injury lawyer who understands what must be proven to establish a serious injury under the law.

If you have been injured by a drunk driver, we would be happy to help you determine whether you have a claim for personal injury.

Call us at 585-484-7432 for legal help.