How to Prove Negligence in an Upstate New York DUI Accident

If you’ve been injured by a drunk driver in upstate New York, you might be intent on holding them accountable for everything you’ve been forced to endure. But not so fast — you might need to actually prove that the driver was drunk and negligent at the time of the crash. When do you actually need to prove that a driver was drunk? And what kind of evidence do you need to use?

These questions are probably best left answered by a legal professional, such as a personal injury attorney in upstate New York. Book a consultation with one of these lawyers, and you can explain your situation in more detail. From there, your attorney can recommend the best course of action and guide you towards a positive outcome. When a lawyer helps you establish an effective action plan, the best results are within your grasp. But we know what you’re thinking: “Where can I find attorneys near me?” Not to worry – there are plenty of qualified attorneys in upstate New York who can assist you with this matter.

Upstate New York Has “No-Fault” Car Accident Laws

Whether you’re driving in the Hudson Valley or the North Country, no-fault laws apply in upstate New York when it comes to car accidents (1). This means that if you suffer an injury, there is no need to prove negligence. Instead, you simply turn to your own mandatory PIP insurance and file an injury claim.

But while this may be sufficient for minor injuries, your insurance policy may not be enough to cover more serious injuries. If you find yourself in this situation, you may be able to step outside the bounds of a normal no-fault injury and file a proper lawsuit against the drunk driver.

How to Prove a Drunk Driver Was Drunk

If you need to prove a drunk driver was indeed intoxicated at the time of the crash, this is often as easy as consulting the official police report. This report should contain all the evidence you need to show that a driver was intoxicated and therefore negligent.

If for whatever reason this police report is unreliable, inaccessible, or inconclusive, you can resort to other means. For example, eyewitnesses may be able to attest to the defendant’s drunkenness. The defendant may have also sent text messages that suggest intoxication. Alternatively, the defendant may have had empty bottles in their vehicle at the time of the accident (2).

Where Can I Find an Attorney?

If you’ve been searching upstate New York for a qualified, experienced personal injury attorney, look no further than The Stanley Law Offices, LLP. Over the years, we have assisted numerous injured plaintiffs, including those who have been harmed by drunk drivers. With our assistance, you can hold these reckless drivers accountable and pursue a fair, adequate settlement for your injuries. Book your consultation as soon as possible for best results.


  1. shttps://dfs.ny.gov/consumers/auto_insurance/nofault_faqs
  2. https://www.nysenate.gov/legislation/bills/2021/A1381

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The Stanley Law Offices:

215 Burnet Ave.
Syracuse, NY 13203

84 Court St, Ste 414
Binghamton, NY 13901

200 Washington St, Ste 407A
Watertown, NY 13601

510 Clinton Square Ste 521
Rochester, NY 14604

22 Public Ave
Montrose, PA 18801

166 N Main St
Oneonta, NY 13820


If you have further questions about this article or legal concerns call 800-672-3103

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