Being hit by a drunk driver in Queens is infuriating. Not just because of the pain and disruption, but because the crash was entirely preventable. If you or someone you love has been injured in a drunk driving accident, our Queens drunk driving lawyers at The Orlow Firm are here to help you recover the compensation you're owed. We've served injured people throughout Flushing, Jamaica, Astoria, and all of Queens for over 40 years.
Call (646) 647-3398 for a free consultation | Se Habla Español
What's in this video?
The Orlow Firm attorneys explain how liability is established in New York car accident cases — including why a drunk driver's intoxication creates a particularly strong legal foundation for your claim.
Here is something many people don't realize: if the drunk driver is arrested, charged, or even convicted in criminal court, that does NOT automatically put money in your pocket. Criminal proceedings are run by the District Attorney's office and exist to punish the driver. Your compensation comes from a completely separate civil lawsuit — one you must file yourself.
Two things are happening at once. The drunk driver may be facing criminal DWI charges in Queens Criminal Court while you pursue a civil personal injury claim. The criminal case can help your civil case — a conviction is powerful evidence — but you cannot wait for it to conclude. Our attorneys can file your civil claim immediately while the criminal process runs its course.
New York is a no-fault insurance state, which means your own insurance pays your medical bills first, regardless of the drunk driver's fault. To step outside the no-fault system and sue for pain and suffering, your injuries must meet New York's "serious injury" threshold. More on that below.
New York's Drunk Driving Laws and What They Mean for Your Case
New York's Vehicle and Traffic Law § 1192 defines several levels of impaired driving. Each has direct consequences for your civil claim.
Driving While Ability Impaired (DWAI)
DWAI applies when a driver's ability is impaired by alcohol, even if their BAC is below 0.08%. A BAC between 0.05% and 0.07%, or other observable signs of impairment, can support a DWAI charge. If you were hit by a driver who tested below 0.08%, you may still have a strong civil case.
Driving While Intoxicated (DWI)
DWI applies when a driver's BAC reaches 0.08% or higher. A DWI charge creates what lawyers call "negligence per se." That means the law violation itself proves negligence — you don't need to separately argue the driver was being unreasonable. The drunk driver broke the law, and that violation caused your injuries.
Aggravated DWI
Aggravated DWI applies at 0.18% BAC or higher — more than double the legal limit. Cases involving aggravated DWI typically involve much more severe crashes and support larger damage awards, including punitive damages.
Commercial Drivers and the Zero Tolerance Law
Commercial drivers, including truck drivers and taxi operators, face a stricter 0.04% BAC standard. Drivers under age 21 are subject to New York's Zero Tolerance Law: any BAC of 0.02% or higher triggers consequences. If you were hit by an underage driver who had been drinking, that opens additional liability claims against any adult who provided the alcohol.
Statute of Limitations" loading="lazy" style="width:100%;height:100%;object-fit:cover;border-radius:0.5rem;"/>What's in this video?
The Orlow Firm explains New York's no-fault insurance system and the statute of limitations for car accident claims — both of which apply directly to drunk driving accident cases.
The No-Fault Trap: Why You Still Have to File With Your Own Insurance
New York's no-fault insurance system surprises many people hit by drunk drivers. Regardless of who caused the accident, you must first file a claim with your own Personal Injury Protection (PIP) coverage. Your PIP pays medical bills up to $50,000 and basic lost wages — no matter how clearly at fault the drunk driver was.
To sue the drunk driver directly for pain and suffering, lost wages beyond your PIP limits, and other damages, your injuries must qualify as a "serious injury" under New York Insurance Law § 5102(d). The serious injury categories most relevant to car accident cases are:
- A fracture — any broken bone qualifies, including hairline fractures
- 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 use of a body function or system
- The 90/180 day rule — your injuries prevent you from performing your usual daily activities for 90 or more of the 180 days following the accident
Meeting just one of these categories allows you to sue for all of your injuries and damages. Drunk driving accidents are more likely to produce qualifying serious injuries than typical low-speed collisions. The speeds and angles of impact in alcohol-related crashes tend to be greater. Fractures, surgery, hospitalization, and extended recovery are common outcomes.
Suing the Bar That Served the Drunk Driver
The drunk driver may not be the only party you can sue. If the driver was overserved at a bar, restaurant, nightclub, or event venue in Queens before the crash, that establishment may share responsibility under New York's Dram Shop Act.
New York General Obligations Law § 11-101 makes a licensed alcohol vendor liable if it sold or served alcohol to someone who was "visibly intoxicated" and that person then caused an injury. "Visibly intoxicated" means the driver was showing observable signs of intoxication at the time of service: slurred speech, stumbling, glassy eyes, erratic behavior.
This matters for two reasons. First, many drunk drivers carry only minimum personal auto insurance — often just $25,000. A bar or restaurant may carry $1 million or more in commercial liquor liability coverage. Second, the Dram Shop Act allows punitive damages, which can increase your total recovery well beyond what you'd collect from the driver alone.
What About Social Gatherings?
New York GOL § 11-100 creates a different form of liability for private hosts who serve alcohol to minors. If an underage driver was drinking at a private party where an adult knowingly provided alcohol to underage guests, that host can be sued. Punitive damages are NOT available in social host cases involving adults — only against licensed establishments.
Act Now: Surveillance Footage Disappears Fast
If the drunk driver came from a bar, restaurant, or club, surveillance footage showing their behavior and how much they were served may still exist. It is typically overwritten within 24 to 72 hours. Our attorneys can send an immediate preservation demand to stop that evidence from being destroyed. Waiting even a few days can permanently close off a dram shop claim.
Punitive Damages: Why Drunk Driving Cases Are Different
In an ordinary car accident — a distracted driver, a failure to yield, a stop sign ignored — you can recover compensatory damages for your losses: medical bills, lost income, pain and suffering. Punitive damages are not available.
Drunk driving is different. When a driver gets behind the wheel knowing they're intoxicated, that conduct is classified as willful or wanton disregard for the safety of others. New York juries can award punitive damages in drunk driving cases to punish the driver and deter others from making the same choice. There is no cap on punitive damages in New York drunk driving cases.
Under the Dram Shop Act, punitive damages are also available against a bar or restaurant that knowingly kept serving someone already visibly intoxicated. Courts have sustained significant punitive awards where establishments ignored the obvious.
Drunk driving injury cases can be substantially more valuable than equivalent crashes caused by sober drivers. Our attorneys account for punitive damages when evaluating your claim and building your case for a jury.
{{GRAPHIC: graphics/drunk-driving-comparison-ordinary-vs-dwi.svg | Drunk Driving Case vs. Ordinary Car Accident: Key Legal Differences | alt="Comparison table showing how drunk driving accident cases differ from ordinary car accidents in New York: negligence per se, dram shop liability, punitive damages, and jury attitude"}}
Drunk Driving in Queens: The Numbers
Queens had 50 alcohol-involved accidents in 2024 — the highest count of any NYC borough that year. Our analysis of NYC Open Data Motor Vehicle Collisions records shows Queens had 2,789 crashes with alcohol listed as a contributing factor from 2019 to 2025. That figure likely understates the real number, since 22.4% of all crash records list the contributing factor as "Unspecified."
{{GRAPHIC: graphics/drunk-driving-chart-queens-alcohol-crashes.svg | Alcohol-Involved Crashes: Queens vs. NYC Boroughs (2024) | alt="Bar chart comparing alcohol-involved motor vehicle crashes by New York City borough in 2024: Queens led with 50 crashes, followed by Brooklyn (49), the Bronx (40), Manhattan (13), and Staten Island (8)"}}
Statewide, the New York State Police reports that more than 30% of fatal crashes in New York involve an alcohol-impaired driver. In 2023, 50 NYC traffic fatalities were tied to DWI — a 24% increase over the prior three-year average, according to NYC Vision Zero data.
Our analysis of crash data shows Friday is Queens' deadliest driving day — 51 fatalities over the 2019–2025 period. The hours from 2 PM to 6 PM account for 30.4% of all Queens crashes. Evening and overnight crashes, especially on weekends, see the highest rates of impaired driving.
In Queens neighborhoods with active nightlife — Astoria, Jackson Heights, Jamaica, and Flushing — impaired drivers are a daily hazard. Northern Boulevard, Queens Boulevard, and Roosevelt Avenue are among the borough's most dangerous corridors. Roosevelt Avenue recorded 7 fatalities over seven years despite having lower overall crash volume than larger corridors. These streets connect bars, clubs, and restaurants in areas where late-night drunk driving is most common.
What to Do After a Drunk Driving Accident in Queens
{{GRAPHIC: graphics/drunk-driving-flowchart-steps-after-accident.svg | What to Do After a Drunk Driving Accident in Queens: 9 Steps | alt="Flowchart showing 9 steps to take after a drunk driving accident in Queens: call 911, document scene, identify witnesses, get report number, seek medical care, avoid insurer contact, call attorney before bar footage disappears, file no-fault within 30 days, stay off social media"}}
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Call 911 — Getting police to the scene is essential. Officers will conduct field sobriety tests and breathalyzer testing. The police report documenting the driver's intoxication and BAC is the foundation of your civil case.
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Document the scene — Photograph both vehicles, skid marks, and road conditions. If you can, video the other driver's behavior — visible intoxication is compelling evidence.
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Identify witnesses — Anyone who saw the crash or the driver's behavior right before it can be a witness. Get their contact information.
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Get the officer's incident report number — You'll need it to access the full report and file your no-fault claim.
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Seek medical care immediately — Even if you feel okay. Symptoms of internal injuries, concussions, and soft tissue damage often appear hours or days later. A gap between the accident and your first doctor visit gives insurance companies an opening to dispute your injuries.
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Do not speak to the drunk driver's insurance company — Their adjusters are trained to minimize your claim. Let your attorney handle all communications.
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Call us before the bar footage disappears — If you think the driver came from a bar, restaurant, or club, contact us right away. We can send a legal preservation notice before the footage is overwritten.
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File your no-fault claim within 30 days — New York requires you to file a PIP claim within 30 days of the accident. Missing this deadline can jeopardize your initial medical coverage.
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Stay off social media — Insurance companies monitor claimants' accounts. Posts that seem harmless can be used to challenge your injuries.
Call (646) 647-3398 now. We can come to you if you cannot come to us.
Compensation Available in a Queens Drunk Driving Case
Drunk driving accident claims can support more categories of damages than a standard car accident case.
No-Fault PIP Benefits (Available to All)
Your own PIP coverage provides up to $50,000 in medical expenses and up to $2,000 per month in lost wages, regardless of fault. This is your first layer of coverage.
Economic Damages (If Serious Injury Threshold Met)
- All medical expenses beyond your PIP limits, including surgery, rehabilitation, specialist care, and future treatment
- Lost wages above PIP limits
- Reduced earning capacity if your injuries affect your ability to work long-term
- Out-of-pocket costs: prescriptions, medical equipment, transportation to treatment
Non-Economic Damages
- Pain and suffering, including both physical pain and the emotional toll of living with your injuries
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium — your spouse's claim for loss of companionship, services, and intimacy
Punitive Damages
Available in drunk driving cases when the driver's conduct is found to be willful or wanton. New York imposes no cap on these awards. Punitive damages are also available under the Dram Shop Act against bars and restaurants that overserved.
Wrongful Death
If a family member was killed in a drunk driving crash, the estate may pursue compensation for loss of financial support, funeral and burial expenses, and the conscious pain and suffering experienced before death.
What's in this video?
The Orlow Firm explains the categories of compensation available in New York car accident cases — all of which apply to drunk driving injury claims, along with the additional punitive damages unique to impaired driving cases.
Who Can Be Held Responsible for a Drunk Driving Accident in Queens
The Drunk Driver — The intoxicated driver bears primary liability. Their violation of VTL § 1192 constitutes negligence per se. You don't need to separately prove unreasonable conduct. The intoxication itself is the negligence.
The Bar, Restaurant, or Nightclub — Under New York's Dram Shop Act (GOL § 11-101), any licensed establishment that served alcohol to a visibly intoxicated person who later caused an accident can be held civilly liable. Commercial liquor liability policies are often worth far more than individual auto insurance policies.
The Vehicle Owner (If Not the Driver) — In New York, the owner of a vehicle is liable for injuries caused by anyone operating it with permission. If the drunk driver was using someone else's car, that owner may share responsibility.
An Employer — If the drunk driver was operating a vehicle during the course of their employment, their employer may be vicariously liable. This applies to commercial truck, taxi, or rideshare accidents involving impaired drivers.
A Social Host (for Underage Drinking) — Under GOL § 11-100, an adult who knowingly provides alcohol to an underage guest at a private gathering can be sued if that underage driver later causes an accident.
Our attorneys look at all potential parties from the start of your case. Finding every responsible party is key to getting full compensation — especially when the primary driver has limited insurance.
Our Results in Motor Vehicle Accident Cases
The Orlow Firm has recovered meaningful compensation for injured clients throughout Queens and New York City. While we don't have a drunk driving verdict in our published results, our motor vehicle accident recoveries show the kinds of outcomes we've achieved for clients with comparable injuries:
$997,997 — A taxi driver was struck head-on by a truck, requiring back surgery.
$750,000 — A passenger in a work vehicle sustained neck and back injuries requiring surgery.
$675,000 — A client rear-ended by a tractor trailer underwent bilateral shoulder surgeries.
$650,000 — A motorcycle passenger struck by a police vehicle suffered a fractured jaw requiring surgery.
$435,000 — A client whose vehicle was struck during a left turn suffered ankle and wrist fractures requiring surgery.
Prior results do not guarantee a similar outcome.
Drunk driving cases often result in higher awards than comparable crashes caused by sober drivers. Juries hold impaired drivers — and the bars that served them — to a stricter standard. Punitive damages, which are not available in ordinary negligence cases, can substantially increase your total recovery.
Why Choose The Orlow Firm as Your Queens Drunk Driving Lawyer
Our firm has represented injured New Yorkers since 1982 from our main office in Flushing, Queens. When you hire us, you work directly with the attorneys on your case — not junior associates or paralegals.
Adam Orlow, a Managing Partner who served as President of the Queens County Bar Association (2022-2023), leads our personal injury practice with deep roots in the Queens legal community. Steven Orlow, our founding partner and Cornell Law School graduate, is a former Queens County Bar Association President (2008-2009) and a former NYC Council Member-At-Large representing Queens County, bringing both legal and governmental experience to complex cases.
We take every case on contingency. You pay nothing unless we recover compensation for you.
What's in this video?
The Orlow Firm attorneys discuss their approach to representing Queens car accident victims and how their knowledge of Queens streets, courts, and legal standards helps clients recover full compensation.
Frequently Asked Questions About Drunk Driving Accident Cases in Queens
Is a drunk driver automatically at fault for an accident in New York?
When a driver violates New York VTL § 1192 (DWI or DWAI), that violation constitutes negligence per se — meaning you don't need to separately prove unreasonable conduct. The law violation is the proof of negligence. You must still show the crash caused your specific injuries, but liability itself is established by the intoxication.
Can I sue the bar that served the drunk driver in New York?
Yes. Under New York General Obligations Law § 11-101, any licensed alcohol vendor that served a visibly intoxicated person who later caused an injury can be held civilly liable. Bars and restaurants often carry commercial liquor liability policies worth $1 million or more — far exceeding a drunk driver's personal auto insurance limits.
Do I still need to use my own insurance if a drunk driver hit me?
Yes. New York's no-fault system requires you to file with your own Personal Injury Protection (PIP) coverage first, regardless of fault. Your PIP pays medical bills up to $50,000 and lost wages up to $2,000 per month. To sue for pain and suffering beyond these limits, your injuries must meet the serious injury threshold under NY Insurance Law § 5102(d).
How long do I have to file a lawsuit after a drunk driving accident in Queens?
The statute of limitations for personal injury claims in New York is three years from the date of the accident. For wrongful death claims, it is two years from the date of death. Dram Shop Act claims against bars carry a three-year deadline. Do not wait — preserving evidence, including bar surveillance footage, requires immediate action.
Can I recover punitive damages from a drunk driver in New York?
Yes. Unlike ordinary negligence cases, drunk driving can support punitive damages because deliberately driving while intoxicated is considered willful or wanton disregard for others' safety. New York juries have no cap on punitive damages in these cases. Punitive damages are also available under the Dram Shop Act against bars that overserved.
What if the drunk driver had no insurance or minimum coverage?
You have several options. If the driver was overserved at a bar or restaurant, a Dram Shop Act claim against the establishment gives you access to commercial insurance coverage. You may also have a claim under your own underinsured or uninsured motorist (UM/UIM) policy. If the vehicle owner is different from the driver, the owner's policy may apply.
Can I sue if I was a passenger in the drunk driver's car?
Yes. As a passenger, you did not contribute to the driver's decision to drink and drive. You can sue the driver for your injuries. You may also have claims against any other at-fault driver involved in the crash, and against any bar that overserved your driver before the accident.
How does the drunk driver's criminal case affect my civil claim?
The cases are separate proceedings. You can file a civil claim immediately — no need to wait for criminal proceedings to conclude. If the driver is convicted of DWI or DWAI, that conviction becomes powerful evidence in your civil case. Even if criminal charges are reduced or dismissed, your civil case proceeds under the lower "preponderance of the evidence" standard, not "beyond a reasonable doubt."
Can children injured in a drunk driving accident sue in New York?
Yes. When a minor is injured, the statute of limitations is paused until the child turns 18, at which point the three-year clock begins. Even so, acting quickly is advisable. Evidence fades, witnesses move away, and records are harder to obtain over time. Parents can bring claims on behalf of a child during the child's minority.
Contact a Queens Drunk Driving Lawyer Today
If you or a loved one was injured by a drunk driver in Queens, you need more than what your no-fault insurance will provide. The Orlow Firm has represented injured people throughout Flushing, Jamaica, Astoria, Jackson Heights, and all of Queens for over 40 years. We know Queens courts, we know Queens roads, and we know how to get full compensation from drunk drivers and the establishments that served them.
Call (646) 647-3398 for a free consultation. We work on contingency — you pay nothing unless we win your case.
Se Habla Español | Main office at 71-18 Main Street, Flushing, Queens | We can come to you
Sources & Official Resources
New York Laws Cited
- VTL § 1192 — Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs
- VTL § 1192-a — Zero Tolerance Law (Under Age 21)
- General Obligations Law § 11-101 — Dram Shop Act: Liability for Sales to Intoxicated Persons
- General Obligations Law § 11-100 — Social Host Liability for Furnishing Alcohol to Minors
- Insurance Law § 5102(d) — Serious Injury Definition
- CPLR § 214 — Statute of Limitations: Personal Injury (3 Years)
- NY DMV — Penalties for Alcohol or Drug-Related Violations
- NY DFS — No-Fault Insurance Regulations
Statistics Sources
- NYC Open Data — Motor Vehicle Collisions — Crashes: https://data.cityofnewyork.us/resource/h9gi-nx95.json
- NYC DWI Statistics by Borough (2024): https://www.newyorkcriminallawyer.com/nyc-dwi-statistics-by-borough/
Data Methodology Borough and neighborhood breakdowns were calculated by The Orlow Firm's research team from publicly available NYC Open Data Motor Vehicle Collisions records. The NYC Open Data crash dataset is published at the individual crash record level with borough and contributing factor fields. We aggregated these records to produce the Queens-specific statistics cited above, including the 2,789 alcohol-involved crashes from 2019 to 2025 and the Friday fatality and peak-hour findings. City agencies do not publish pre-calculated borough-level breakdowns for all contributing factors, which is why original analysis is required.
