New York recorded a 45% increase in fatal crashes involving drivers over the legal alcohol limit between 2019 and 2022 (New York State Comptroller analysis), and Onondaga County has not been exempt from that statewide climb.
Stanley Law Offices has represented injured victims across Central New York since 1982, more than 45 years fighting for people hurt by other people’s negligence, including drivers who chose to get behind the wheel drunk or impaired.
Our founder, Joseph Stanley, is Board Certified in Civil Trial Practice by the American Board of Trial Advocates and has been named to Super Lawyers every year since 2008. Our Syracuse car accident lawyers investigate every angle of a drunk driving crash, including the driver’s blood alcohol level, the driver’s employer if the crash happened on the job, and any bar or restaurant that overserved them.
Call 1-800-608-3333 or start your case review online. We will tell you honestly what your claim may be worth before you say a word to the other driver’s insurance company. If you can’t travel to us, we’ll come to your home or hospital room.
Why Clients Choose Stanley Law Offices
- 45+ years fighting for the injured
- 4.7-star rating across 900+ verified reviews
- Millions recovered in verdicts and settlements every year
- Available 24/7
- No recovery, no fee
Attorney Advertising. Prior results do not guarantee a similar outcome.
What Our Clients Say
Back in August 2019 I was involved in a serious head on car crash where a 22 year old fell asleep at the wheel, crossed the center line and hit me head on. I am lucky to be alive. I hired Stanley Law Offices to handle my personal injury claim. Their attention to detail, concern for my health and well being and their communication to me went above and beyond my expectations particularly during a covid pandemic. They made the entire process seamless all the way thru. . Ultimately the Stanley Law Offices team represented me and my case in a friendly but tough manner,resulting in getting a maximum award as they state.
Car Accident Client
Criminal DWI Charges vs. Your Civil Injury Claim
Drunk driving cases follow the same filing steps as any other Syracuse car accident claim, but one thing sets them apart from the start. The driver who hit you may already have a criminal defense lawyer working the case, and that lawyer’s only job is keeping the driver out of jail. That is a different fight from the one that pays your medical bills, and it runs on a different clock and a different standard of proof.
A criminal DWI conviction and a civil injury claim are two separate legal actions, and you can pursue compensation for your injuries whether or not the driver is ever convicted.
Prosecutors must prove guilt beyond a reasonable doubt to win a DWI conviction. Your civil claim only requires a preponderance of the evidence, meaning it is more likely than not that the driver caused your injuries. A dropped or reduced criminal charge does not end your right to sue, and a conviction, when one happens, can strengthen your case rather than being required for it.
Who Can Be Held Liable for a Syracuse Drunk Driving Accident
More than one party can share legal responsibility for a Syracuse drunk driving crash, including the driver, the driver’s employer in some cases, and the bar or restaurant that served the alcohol.
The Driver’s Negligence Per Se
Operating a vehicle with a blood alcohol content of .08 or higher is negligence per se under New York law. That means the driver already broke the standard of care the moment they got behind the wheel, so your case moves faster toward the value of your damages rather than a drawn-out argument over whether the driver did something wrong.
The Driver’s Employer
The employer may share responsibility if the driver was working at the time, delivering for a company, or driving for a rideshare service. Vicarious liability applies regardless of what the employer knew, as long as the driving fell within the scope of the driver’s job duties. Drunk driving often falls outside that scope, but negligent hiring can still make the employer liable if it knew or should have known about a prior drunk driving history and put that driver on the road anyway.
The Bar or Restaurant That Served Them
Under New York’s Dram Shop Act, General Obligations Law Section 11-101, a bar, restaurant, or club that sells alcohol to a visibly intoxicated person can be held liable if that person later causes an injury. Proving this claim takes evidence that the establishment kept pouring drinks for someone who was obviously drunk, not simply that the person had been there earlier in the night.
Identifying every liable party takes an investigation that most injury victims cannot do alone. Request a case review, and we will find every source of recovery in your case.
2026 New York Accident Law Changes: What Injury Victims Need to Know
New York changed its car accident injury law on May 27, 2026, removing one path to a lawsuit and limiting how much fault an injured person can carry and still recover, both of which make proving the other driver was drunk more valuable than it used to be.
“Serious Injury” Threshold
Insurance Law Section 5102(d) used to let an injured person sue for pain and suffering by showing a non-permanent injury kept them from their normal activities for 90 of the 180 days after the crash. That category no longer exists.
A serious injury claim must now fall into one of the remaining qualifying conditions:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of the use of a body function or system
Comparative Negligence
New York also moved from pure comparative negligence to a modified rule for car accident claims. Under the new rule (codified at CPLR Section 1411(b)), an injured person found more than 50% at fault, meaning 51% or greater, is barred from recovery entirely in that accident case, not just from pain and suffering.
For example, a driver found 20% responsible for a crash can still recover 80% of their damages from a driver found 80% responsible. A driver found 55% responsible recovers nothing.
Damage Caps for Impaired Drivers
New York law now limits what the drunk driver can recover. If the drunk driver is convicted of DWI (and still allowed to sue), their non-economic damages are capped at $100,000 under the new Insurance Law Section 5104(d). This rule applies specifically to impaired, uninsured, or felony drivers, and it does not reduce or affect your own financial recovery.
What If the Drunk Driver Doesn’t Have Enough Insurance?
New York requires every driver to carry insurance, but that requirement does not stop someone from driving drunk with a policy at the state minimum, or with no policy at all. If the drunk driver’s insurance is not enough to cover your injuries, New York’s Supplementary Uninsured/Underinsured Motorist coverage, carried on your own policy, can make up the difference.
Our Syracuse personal injury attorneys review your own policy for SUM coverage you may not know you have. If you want to see how that process plays out, our guide on what to do when the other driver is uninsured walks through it step by step.
Not sure what coverage you have or whether it’s enough? Call 1-800-608-3333 to discuss your options.
Compensation You Can Recover After a Syracuse Drunk Driving Accident
You may be able to recover both economic damages, such as medical bills and lost income, and non-economic damages, such as pain and suffering, once your claim meets New York’s serious injury threshold.
Compensation in a drunk driving case can reach further than a standard crash claim. The negligence per se standard already resolves the fault question in your favor, which removes one of the insurer’s biggest levers. Whether the driver’s conduct also rises to the level of recklessness needed for punitive damages, covered below, depends on the specific facts, but the same categories of loss apply as in any serious injury claim.
| Economic Damages | Non-Economic Damages |
|---|---|
|
Medical bills
and future treatment costs
|
Pain and suffering
|
|
Lost wages and reduced earning capacity
|
Emotional distress
|
|
Property damage
|
Loss of enjoyment of life
|
|
Out-of-pocket costs such as transportation and home modifications
|
Permanent impairment or disfigurement
|
We calculate what your case might be worth using medical records, employment documentation, and, where appropriate, expert input on long-term care needs. Try our personal injury settlement calculator for a preliminary estimate of your case.
Punitive Damages in New York Drunk Driving Cases
New York courts can award punitive damages in a drunk driving case when the driver’s conduct goes beyond ordinary carelessness, and a blood alcohol content of .18 or higher, New York’s threshold for aggravated DWI, is exactly the kind of evidence that supports that argument.
Punitive damages exist to punish especially reckless conduct and discourage it from happening again. They are decided case by case, are not automatic, and depend on clear evidence of the driver’s level of intoxication and behavior at the time of the crash. A specific aggravated-DWI BAC reading is stronger evidence for a punitive damages argument than a standard DWI at the .08 threshold.
Common Injuries in Drunk Driving Accidents
Drunk driving crashes often happen at higher speeds and with less braking than an ordinary crash, and the injuries reflect that difference.
Common injuries in a car accident include:
- Traumatic brain injuries
- Spinal cord damage and paralysis
- Whiplash and soft tissue injuries
- Broken bones and fractures
- Internal organ damage
- Severe lacerations, burns, and permanent scarring
- Emotional trauma and post-traumatic stress disorder
If a loved one did not survive their injuries, our Syracuse wrongful death attorney can walk you through what a wrongful death claim covers.
Why Syracuse Families Choose Stanley Law After a Drunk Driving Accident
A drunk driving case succeeds or fails on trial-readiness, not on how fast a firm folds to the first offer.
- ABOTA Board Certified trial leadership. Our founder, Joseph Stanley, is Board Certified in Civil Trial Practice by the American Board of Trial Advocates, a credential fewer than 1% of U.S. trial lawyers hold, and has been named to Super Lawyers every year since 2008.
- Verdicts, not just settlements. We take cases to trial in the Onondaga County Supreme Court when an insurer won’t pay fairly. In one Upstate New York case unrelated to drunk driving, our trial team secured a $3.2 million verdict for a client left permanently blind by a delayed medical diagnosis. Prior results do not guarantee a similar outcome, but the willingness to go to a verdict instead of settling is the same in every case we take.
- SUM and dram shop investigation on every case. We review your own policy for Supplementary Uninsured/Underinsured Motorist coverage and investigate whether a bar or restaurant overserved the driver, two sources of recovery that a drunk driving case has that a standard crash claim does not.
- We come to you. If you cannot travel due to injuries, we will send someone to your home or hospital room.
- Se habla español. Bilingual staff available for Spanish-speaking clients.
If you are still weighing whether hiring a lawyer is worth it, our reasons to get a lawyer after a car accident guide lays out that decision honestly.
I hired Stanley Law when I was in a car accident last year there staff was committed to taking on my case and getting me the most money for my injuries it took lest than a year to settle my case I would refer my family and friends to Stanley Law Naamu you are the best and thank you!!
Car Accident Client
FAQs About Syracuse DUI Accident Claims
How Long Do I Have to File a Claim in New York?
New York gives you three years from the date of the accident to file a personal injury lawsuit against a drunk driver. Missing the three-year window bars you from recovering compensation, regardless of your case’s strength. File your claim within three years to preserve your right to compensation.
What If I Was Injured as a Passenger, Not the Driver?
Passengers can pursue a full injury claim against a drunk driver, because passengers hold no fault for another person’s decision to drive impaired. You can also pursue claims against the driver’s employer or a bar under New York’s Dram Shop Act. Passenger claims skip the fault questions drivers face.
How Long Does a Drunk Driving Accident Case Take to Settle?
Drunk driving accident cases with clear liability, such as a DWI conviction, often settle within 6 to 12 months after your medical treatment ends. Cases involving disputed fault, trial, or fatality often take 12 to 24 months or longer. Faster settlement follows once liability and your full medical treatment are both established.
What Does It Cost to Hire a Syracuse Drunk Driving Accident Lawyer?
Hiring a Syracuse drunk driving accident lawyer at Stanley Law Offices costs nothing upfront. We work on full contingency, so we only collect a fee once we recover compensation for you. We advance every investigation cost as your case moves forward, from medical records to expert reports. You pay no fee unless we win.
How Much Is My Drunk Driving Accident Case Worth?
Your drunk driving accident case value depends on your medical bills, lost income, and injury severity. New York allows economic damages, such as medical costs and lost wages, and non-economic damages, such as pain and suffering, once your injury meets the state’s serious injury threshold. Aggravated intoxication cases can also support punitive damages. For context on what DUI car accident claims typically resolve to, our breakdown of average car accident settlements in New York walks through how insurers and courts value these cases.
What If the Drunk Driver Fled the Scene?
You can still recover compensation if a drunk driver flees the scene, because New York requires every driver to carry uninsured motorist coverage. Supplementary Uninsured/Underinsured Motorist (SUM) coverage on your own policy pays for injuries that an unidentified driver caused. Police crash evidence and nearby cameras can also identify a fleeing driver later.
Get Your Free Case Review
You do not have to figure out what your drunk driving accident claim is worth on your own, and you should not have to talk to an insurance adjuster before you talk to us. Call 1-800-608-3333 or start your case review online, and we will walk you through what happens next.
It’s Always Personal Because Your Story Matters.
Attorney Advertising. Prior results do not guarantee a similar outcome. Past case results depend upon a variety of factors unique to each case.
