Published Articles
Drunk Drivers
The following article was written by Mr. Gelber and appeared in Western New York-area newspapers.
We’ve all read about serious injuries caused by intoxicated people, most often when driving drunk. Is there any recourse against such drivers? Will their auto insurers pay claims on their behalf? The answer is, unfortunately, not that simple.
Victims can sue drunk drivers under general laws of negligence, but often the driver is either uninsured or underinsured or, if insured, may be denied coverage under its insurance policy for driving drunk. Even if it is not ultimately practical to start a suit against the drunk driver, it may be possible to bring a suit against the person who provided alcoholic beverages to the driver.
New York courts may impose liability on businesses that serve alcohol to a visibly intoxicated person, as doing so increases the likelihood that if such a person drives he or she might hurt someone. If the driver is under the age of 21, the case against a seller of alcoholic beverages is easier to prove. In that circumstance, proof of the sale of alcohol to an underage drinker who causes an accident is enough to hold the seller liable for the resulting injuries.
Although not as easy to prove, a social host (people who have a private party at home) can be found liable for providing liquor to a visibly drunk guest or one under the age of 21 if they leave the party and injure someone while driving.
My law firm aggressively pursues claims against irresponsible drinkers and the liquor stores, bars, nightclubs and/or restaurants that improperly sell to or serve them. We try in our own way to help get and keep those responsible from permitting these menaces to get on the road. Call us at 716-633-5050 for a free consultation.
My office is located at 6512 Main Street in Williamsville.
