New York’s Dram shop law

In New York, dram shop liability arises out of the need to impose a duty on vendors of alcohol not to sell alcohol to people who are visibly intoxicated.

Under the Alcohol Beverage Control Law §65, no person shall sell, deliver or give away or cause or permit or procure to be sold, delivered, or given away any alcoholic beverages to 

1. Any person, actually or apparently, under the age of 21 years
2. Any visibly intoxicated person;
3. Any habitual drunkard known to be such to the person authorized to dispense any alcoholic beverages. 

Consequently, a tavern may be liable for damages if the court finds that it sold an alcoholic beverage to an individual who was visibly intoxicated prior to getting behind the wheel and causing a car crash while in a drunken state. 

Between the years 2009 and 2018, according to the CDC, there were 3,233 car accident fatalities involving drunk driving. In 2019 there 307 fatalities in car accidents in New York involving at least one individual who was driving under the influence. According to recent statistics, the worst large statistics in New York for fatal accidents include the following:

1. SOUTHAMPTON

3.52 DUI deaths per 100,000 residents

2. Babylon

2.81 DUI Deaths per 100,000 residents

3. Schenectady

2.52 DUI Deaths Per 100,000 Deaths

4. Islip

2.45 DUI Deaths Per 100,000 Deaths

5. Brookhaven

2.4 DUI Deaths Per 100,000 Deaths

6. Albany

2.38 DUI Deaths Per 100,000 Deaths

7. Buffalo

2.17 DUI Deaths Per 100,000 Deaths

8. Syracuse

2.07 DUI Deaths Per 100,000 Deaths

9. White Plains

1.76 DUI Deaths Per 100,000 Deaths

10. Brentwood

1.65 DUI Deaths Per 100,000 Deaths

The above referenced ranking is based upon state-wide statistics concerning DUI fatalities in New York between the years of 2015 and 2017.

Traumatic Brain Injury and Intoxicated Driving Accidents

Intoxicated drivers pose a serious risk to people using the New York state roadways. An intoxicated driver increases the risk of a serious accident involving traumatic brain injuries (TBI). There are two types of traumatic brain injuries (open and closed). A closed brain injury is caused by a rapid or backward movement and shaking of the brain inside the bony skull that results in bruising and tearing of brain tissue and blood vessels. Closed brain injuries are usually caused by car accidents, falls, and sports. Open traumatic brain injury, also known as penetrating TBI, this occurs when an object pierces the skull such as a bullet, shrapnel, a knife or a blow from a blunt object. If you have sustained a traumatic brain injury in a car accident involving a drunk driver, call Koenig Pierre at 1-800-946-4616. Koenig is committed to helping victims of drunk driving accidents obtain maximum compensation for their injuries. Don’t wait, don’t delay, call today!

Why Choose Koenig Pierre As Your New York Car Accident Lawyer After Being Hit By An Intoxicated Driver?

Koenig Pierre, is a New York car accident attorney who will assist New York residents who have been injured in a car accident involving an intoxicated driver. If you have been involved in a serious accident Koenig will visit you at the hospital or in your home if your injuries prevent you from coming to our office.

Koenig Pierre will zealously represent victims who are injured because of another driver’s negligence and intoxication. Koenig will assist you and your family obtain the maximum compensation you deserve as a result of your pain, suffering, expenses and loss. Our New York car accident lawyer will help you pursue maximum recovery and achieve the best possible outcome for your case.