Short summary: State police say a 49-year-old White Plains man drove the wrong way on Interstate 287 in Harrison and hit two cars. Both drivers who were hit went to the hospital with minor injuries. He is charged with aggravated DWI. Minor injuries still deserve a claim, and drunk driving cases generally open one more door than an ordinary crash.
What happened
On the morning of Thursday, October 15, troopers spotted a vehicle traveling westbound in the eastbound lanes of I-287 in Harrison, as reported by News 12 Westchester. Police said the wrong-way vehicle struck two cars before it stopped.
Both drivers who were hit were taken to Westchester Medical Center with minor injuries. The 49-year-old driver was charged with aggravated DWI, reckless driving and reckless endangerment, among other offenses.
What aggravated DWI means
In New York, aggravated DWI generally applies when a driver's blood alcohol content is 0.18 or higher, more than twice the 0.08 limit. It carries tougher penalties than a standard DWI. For the people who were hit, the charge matters less than the facts behind it. A driver going the wrong way while drunk is about as clear a picture of fault as a crash can give.
Minor injuries still start a clock
Minor at the scene does not always mean minor a week later. Neck, back and shoulder injuries often show up over days. No-fault generally pays medical bills and a share of lost wages no matter who caused the crash, but the application is generally due within 30 days. Miss it, and the easiest money in the case can disappear. See our explainer on the 30-day no-fault deadline.
A claim beyond no-fault, for pain and suffering, generally requires a serious injury under New York law. A doctor's records from the first weeks often decide whether an injury gets there.
The door people forget: where the drinks came from
New York's Dram Shop Act can make a bar, restaurant or liquor store share responsibility when it sells alcohol to someone who is visibly intoxicated and that person then causes harm. Police reports rarely mention where a driver was drinking. That detail generally takes digging, and receipts and video do not last forever. It matters most when a drunk driver carries only the minimum insurance.
Questions New Yorkers ask us
Does the drunk driver's criminal case pay my medical bills?
Generally no. A criminal court can order restitution in some cases, but medical bills and lost wages are generally paid through no-fault and the civil claim, which run separately.
What if the drunk driver has very little insurance?
Generally, your own supplementary underinsured motorist coverage can help, and a bar that overserved the driver may share responsibility under the Dram Shop Act.
Not sure where you stand after a crash? Get your free case review or call (888) 208-0529. A real person answers, 24/7.
Reporting: News 12 Westchester.
