A Full-Service
Litigation And
Defense Practice

New York woman ran down in parking garage by intoxicated driver

A serious accident inside a parking garage seems very unlikely, but that is exactly what happened to an upstate New York woman. The car accident occurred as the woman was standing next to her car.

According to the woman, she was leaving a nearby bar when she and friends stopped next to her car in the parking garage. To her surprise, the alleged negligent driver backed up his car and ran over her.

The driver left the scene, but he was soon nabbed by the police after having a second car accident. This time, the driver had run into a tree. After further investigation, police realized that the same driver was the cause of both accidents.

The woman was taken to a local hospital where her injuries were reported as serious. The driver was charged with driving while intoxicated, initially in connection with the tree incident.

While a negligent driver can face criminal DUI charges for driving while intoxicated, that is not the end of his troubles if the driver was also the cause of a car accident. In that case, the injured party may also file a civil lawsuit against the drunk driver called a personal injury claim and seek compensation for damages, including pain and suffering.

A DUI charge alone does not automatically mean the other driver is liable. The injured party must prove that the drunk driver actually caused the accident by failing to exercise reasonable care. Crash reconstruction experts and other investigative experts may be necessary to prove civil liability against someone who was driving drunk.

Albany motorists who have been injured by a drunk driver should be aware that proof of drunk driving does not automatically prove the other driver’s liability for a car accident. Victims of car accidents involving drunk drivers may be interested in contacting an investigator early on who could thoroughly investigate the case and gather critical evidence on their behalf.

Source: The Republic, “Woman’s hit-and-run injury added to upstate NY man’s DWI charge from late Jan,” March 26, 2013

FindLaw Network