A recent eight-vehicle crash on the Long Island Expressway near Exit 55 shows how one impaired driver can set off a chain reaction that leaves victims seriously injured and traffic at a standstill for hours. Police say the driver was arrested for Driving While Ability Impaired (DWAI) by drugs. Incidents like this are far too common — and for victims, the consequences stretch far beyond the crash scene.
At The Platta Law Firm, our New York car accident and truck accident lawyers handle DWI-related injury cases across Long Island and New York City every day. What many people don’t realize is that a single DWI crash can trigger three parallel legal processes: a criminal case, a civil lawsuit for personal injury, and a complex insurance claim. Knowing how these systems work together is the key to recovering full compensation after a serious accident.
Understanding New York’s DWI and Vehicle Accident Laws
New York Vehicle and Traffic Law § 1192 defines several levels of alcohol- and drug-related driving offenses.
- DWAI applies when blood alcohol content (BAC) is between .05 and .08.
- DWI applies at .08 or higher, or when a driver is visibly intoxicated.
- Aggravated DWI applies at .18 or higher, carrying much harsher penalties.
Under § 1193, even a first-time DWI can bring fines up to $1,000, jail time, and a six-month license suspension. Higher BAC levels, repeat offenses, or crashes causing injuries can lead to felony charges under the Penal Law for Vehicular Assault or Vehicular Manslaughter, with potential prison sentences of up to 25 years. Every conviction now requires installation of an ignition-interlock device on any vehicle the driver operates.
For victims, these criminal proceedings matter because they can help establish fault in a personal injury lawsuit, but they do not automatically result in compensation. A DWI conviction proves the driver broke the law — yet victims must still show that the intoxication caused the crash. That’s where an experienced motor vehicle accident attorney can make all the difference.
Civil Liability and Compensation for Victims
In New York, driving while intoxicated is negligence per se, meaning it automatically establishes a breach of duty. But compensation depends on proving causation and damages. Victims may recover money for:
- Medical expenses and rehabilitation
- Lost income and future earning capacity
- Pain and suffering
- Property damage
- Punitive damages in extreme cases of reckless conduct
While DWI establishes negligence, punitive damages require proof of willful or wanton disregard for others’ safety — for example, excessive speeding, fleeing police, or driving a commercial truck while drunk. Cases like Marcoux v. Farm Service & Supplies confirm that intoxication alone is not enough; the behavior must show conscious indifference to human life.
The Role of Insurance and No-Fault Coverage
Under New York’s No-Fault Insurance Law (Article 51), most crash victims receive immediate payment for medical bills and lost wages — up to $50,000 — regardless of fault. However, Insurance Law § 5103(b)(2) allows insurers to deny coverage to drivers who were injured while operating under the influence. Passengers and innocent motorists remain protected.
To pursue pain-and-suffering damages, victims must meet the “serious injury” threshold under Insurance Law § 5102(d), which covers conditions like fractures, disfigurement, or long-term loss of function. Courts strictly enforce this rule, so medical documentation and prompt treatment are critical.
Victims of truck accidents and multi-vehicle crashes often face complex insurance disputes, as multiple policies and commercial carriers may be involved. An attorney familiar with commercial truck insurance regulations can identify all available coverage, including employer liability, cargo insurers, and umbrella policies — often uncovering compensation that victims didn’t know existed.
Dram Shop Liability: When Bars Share the Blame
Under New York’s Dram Shop Law (§ 11-101), bars, restaurants, and liquor stores can be held liable if they serve alcohol to a visibly intoxicated person who later causes a crash. To win a dram shop case, a plaintiff must prove:
- A sale of alcohol occurred
- The customer was visibly intoxicated at the time
- That sale contributed to the crash and resulting injuries
In DWI-related truck or car accidents, dram shop claims can significantly increase recovery — especially when the drunk driver’s auto insurance limits are low. These cases also deter negligent alcohol service and reinforce public safety.
Criminal vs. Civil Consequences
The impaired driver in the LIE crash may face criminal charges, license revocation, and jail time. But victims must still file separate civil claims to receive financial compensation. While a conviction helps prove negligence, it doesn’t automatically trigger payment. Insurance companies often fight these claims aggressively — disputing injury severity or shifting blame in multi-vehicle collisions. Having a skilled New York personal injury lawyer ensures that every liable party is identified, every deadline is met, and every source of compensation is pursued.
Support for Victims Beyond Insurance
When insurance and civil damages are not enough, victims may turn to the New York Office of Victim Services, which offers up to $30,000 for lost earnings, medical costs, and funeral expenses. Though limited, this fund can provide vital relief for families hit hardest by drunk-driving crashes.
Why Legal Representation Matters
Serious car, motorcycle, and truck accidents involving intoxicated drivers are among the most complex personal injury cases in New York. They combine criminal evidence, multiple insurance layers, and intricate legal rules. At The Platta Law Firm, our attorneys coordinate directly with law enforcement, forensic experts, and medical professionals to build powerful cases that hold negligent drivers — and negligent alcohol providers — fully accountable.
We’ve recovered millions for victims of DWI accidents, tractor-trailer collisions, pedestrian strikes, and multi-vehicle pileups throughout New York City, Long Island, and beyond. Whether you were injured as a passenger, driver, or pedestrian, our team knows how to navigate the system and fight for your rights.
The Takeaway
The Long Island Expressway crash isn’t just another news story — it’s a reminder of how devastating impaired driving can be. One reckless act can lead to years of criminal penalties, financial ruin, and lives permanently changed. If you’ve been injured in an accident, don’t wait. Call us 24/7 or contact us through our website or live chat to speak directly with an experienced attorney at The Platta Law Firm. We fight for injury victims across New York and will help you get the justice and compensation you deserve.