Jump to Content

Ask the Attorneys: Drunken Driver Blows Stop Sign – Shoulder Surgery

/ Ask the Attorneys, Car Accident /

Q: I was recently involved in an auto accident where I was driving through an intersection with the right-of-way. The other driver went through a stop sign without even slowing down and hit me broadside. My car was totaled. It turned out that the driver was drunk with a .22 breathalyzer reading. I had to have surgery on my shoulder, and my doctor tells me that it is likely that I will be left with a permanent disability. What is the best way to proceed?

A: This appears to be a clear case of liability against the intoxicated driver. After a lawsuit is started, it would not be surprising if the attorneys for the insurance company admit liability in an effort to keep the jury from learning about the aggravating factor that the defendant was intoxicated. In cases like this where highly intoxicated drivers cause injury to our client, we will almost always make a claim for punitive damages.

With the claim for punitive in the case, defense counsel will typically be precluded from admitting liability for tactical reasons.  We were recently involved in a case where the appellate court upheld our right to seek punitive damages against a drunken driver. Of course, you also have a right to be compensated for your shoulder injury and the ensuing surgery.

If you or a loved one has been involved in an auto accident or you have a question that has not been answered, call Cellino & Barnes now at (800) 888-8888 to contact our auto accident lawyers.

Leave a Reply

Your email address will not be published. Required fields are marked *

Client Thanks

I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.

Read more →

Recent Tweets

Social Accounts


Office Locations

350 Main Street
2500 Main Place Twr

Buffalo, NY 14202

(716) 888-8888
(800) 888-8888
Map & Directions

Grider Street Office
451 Grider Street

Buffalo, NY 14215

(716) 888-8888
(800) 888-8888
Map & Directions

Garden City
600 Old County Rd
Suite 412

Garden City, NY 11530

(800) 888-8888
Map & Directions

420 Lexington Ave
21st Floor

New York, NY 10170

(800) 888-8888
Maps & Directions

532 Broad Hollow Road
Melville, NY 11747

(800) 888-8888
Map & Directions

16 W. Main Street
Powers Building, Suite 600

Rochester, NY 14614

(585) 888-8888
(800) 888-8888
Map & Directions


Free Case Evaluation

Fields marked with a * are required
↑ Top