When people think of automobile accidents, they often think of a collision between two vehicles. Perhaps they think of a vehicle striking a pedestrian or a bicyclist. They probably do not think of a car slamming into the wall of a restaurant and injuring people inside. New York car accident attorneys know, however, that people may suffer serious injuries in an automobile accident even if they believe they are safely indoors.
According to reports, a car crashed into a New York City restaurant earlier this month and injured nine people, four of them critically. The 79-year-old driver has reportedly been charged with driving while intoxicated but has pleaded not guilty.
Just four days later, there were news reports of a car driving into a New York City deli. News reports indicate the car jumped the curb after being struck by a taxi. Three pedestrians, two deli employees, and the driver were reportedly injured.
A few days later, an SUV crashed into a garage and reportedly injured residents of the home. According to witnesses, the driver appeared disoriented and possibly under the influence.
This type of accident generally involves negligence by the driver. If the victim can show the driver was negligent, the victim can recover compensation for his or her injuries. In some cases, however, the accident may not be the driver’s fault. If a vehicle is forced into a building as a result of another collision, for example, the other driver may be at fault for the collision and therefore the crash into the building. In some cases, both drivers may have contributed to the collision and share fault for the injuries.
There may also be additional at-fault parties. If a driver crashes into a building while under the influence, the merchant, bar, or restaurant that sold the alcohol may also have liability, known as “dram shop” liability. To prove a dram shop case, the victim must show that their injuries were caused by a person who was intoxicated at the time. They must also show that the merchant, restaurant, or bar illegally sold the alcohol to an underage or visibly intoxicated person, and the sale caused or contributed to the person’s intoxication.
This type of case can be very complicated. Many insurance policies have “per incident” limits, meaning there is a limited amount of insurance to cover all of the victims. In such cases, it is important to put the insurer on notice of the claim. It is also important to identify other potential sources of recovery and at-fault parties. If you have been injured by someone else’s negligence, a skilled New York car accident attorney can help you pursue compensation for your injuries from all potential sources. Call the Law Offices of Marc S. Albert at 1.855.252.3788 to discuss your case.
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