$750,000 Drunk Driving Accident Settlement

An impaired driver crossed the center line and hit our client head-on. There was no dispute about what happened — the only question was how much the injuries were worth.

Drunk Driving Collision on a Rural New York Road

Our client was driving along the 800 block of New Kingston Road in Margaretville, a rural stretch in Delaware County, when an oncoming vehicle crossed the center line and struck his car head-on. The other driver was intoxicated. Police arrived at the scene and administered field sobriety tests, which the driver failed. A subsequent blood alcohol test confirmed the driver was well above the legal limit. The driver was arrested for DUI at the scene.

The head-on collision fractured our client's left elbow — a complex intra-articular fracture that required open reduction and internal fixation with screws and plates. Elbow fractures are notoriously difficult injuries because the joint's complex anatomy makes full range-of-motion recovery challenging even after successful surgery. Our client underwent extensive occupational therapy to regain function, but permanent stiffness and reduced extension remain.

Summary Judgment on Liability in Nassau County

When the evidence of negligence is overwhelming, New York courts allow plaintiffs to seek summary judgment — a ruling that establishes liability as a matter of law without a trial. Our attorneys moved for summary judgment based on the DUI arrest, the blood alcohol results, the police report documenting the center-line crossing, and the criminal conviction that followed. The court granted the motion, eliminating any dispute about fault.

With liability resolved, the case proceeded solely on damages. The defense carrier's strategy shifted to minimizing the value of the elbow injury by arguing that surgical fixation had restored adequate function. Our attorneys countered with our client's occupational therapy records, which documented the persistent range-of-motion deficit, and an independent orthopedic evaluation that rated the permanent impairment.

"Summary judgment took fault off the table entirely — the drunk driving arrest, the blood alcohol evidence, and the criminal conviction left no room for the defense to argue shared blame. That allowed us to focus entirely on proving the full value of our client's injuries and permanent limitations." — Howard Raphaelson, Founding Partner

$750,000 Settlement for a Drunk Driving Accident

This $750,000 settlement covers elbow surgery and hardware, extensive occupational therapy, lost wages, and the permanent range-of-motion limitations our client now lives with. It holds the drunk driver accountable for a collision that was entirely caused by impairment.

If you were injured by a drunk or impaired driver, our vehicle accident attorneys have experience obtaining summary judgment on liability and fighting for full compensation, and are ready to review your case.