Category Archives: Car Accident Attorney Brooklyn

How a Lower Blood Alcohol Limit Law Could Affect NYC Pedestrians

Posted on February 17, 2023 by

How a Lower Blood Alcohol Limit Law Could Affect NYC Pedestrians

In recent news, lawmakers have discussed the idea of reducing the legal blood alcohol limit in New York. The current blood alcohol limit is 0.08, but Senator John Liu has presented the idea of lowering that number to 0.05 to keep more drunk drivers off the road in our state.

Not only would such a change affect intoxicated drivers pulled over by NYC police officers, but also innocent pedestrians, cyclists, and motorists involved in accidents. Your local drunk driving accident lawyer, Jeffrey K. Kestenbaum, addresses this topic regarding injured accident victims.

 What Is a Blood Alcohol Limit?

Blood alcohol content (BAC) is the amount of alcohol that is present in a person’s blood due to drinking alcoholic beverages. A totally sober person will have a BAC of 0.0 percent, legal intoxication is 0.08 percent, severe impairment is between 0.08 and 0.4, and anything above this level puts a person at significant risk of coma or death.

BAC is used in police investigations, court cases, and employment verification. In medical settings, it is used to check for alcohol poisoning and to monitor a person’s progress with alcohol use disorder treatment.

 Pros and Cons of Reducing the Limit

Assemblywoman Jo Ann Simon has joined Senator Liu to advocate lowering the threshold for a person to be charged with Driving While Intoxicated (DWI) in New York. At this time, drivers who produce a BAC test result between 0.05 and 0.08 are typically charged with lesser penalties than those with levels of 0.08 or higher, if convicted. However, there have been increasing deaths due to drinking and driving lately, prompting lawmakers to take a tougher stance.


So far, only the state of Utah has reduced the BAC limit to 0.05. However, other states, such as Washington and Hawaii, are also considering lowering their limits. The arguments for reducing limits address public safety and preventing harm, while arguments against limit reductions highlight individual liberty objections and the culture of responsible social drinking.

Alcohol and Personal Injury Accidents

Unfortunately, as a Brooklyn personal injury law firm, we see many accident cases involving alcohol. Many types of cases that we handle can include alcohol as a contributing factor, including automobile accidents, pedestrian accidents, motorcycle accidents, construction accidents, slip and falls, traumatic brain injuries, and wrongful deaths.

Whether individuals are behind the wheel of a vehicle, riding a bike, or walking on the street, alcohol can cloud judgment, lead to risky decisions, and put other people at risk of harm. The value of your legal case may be affected if alcohol was a contributing factor in your accident, which is why an experienced DUI accident lawyer is helpful in this situation.

Were You Injured By A Drunk Driver?

The New York Department of Motor Vehicles reports that a third of New York road fatalities involve drivers or pedestrians who are impaired or intoxicated. If New York state law changes to lower the blood alcohol level to 0.05, will fewer accidents occur and fewer people suffer injuries due to someone else’s negligence?

If you are the victim of a drunk driving accident and suffered injuries, the Law Office of Jeffrey K. Kestenbaum can help.  Please contact us today online or by phone at 718-237-5586 for a free legal consultation.

NYC traffic

Why You Need a Traffic Accident Lawyer by Your Side After an Accident

Posted on August 5, 2020 by

Thousands of automobile accidents occur every year in New York City, yet many drivers are convinced that it will never happen to them. Yet even the slightest incident of not paying attention or adverse weather conditions can cause devastating effects to an unsuspecting driver’s health, vehicle, and ability to live a normal life.

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car accident with airbags

What to Do After a Car Accident Total Loss When You’re Not at Fault

Posted on July 2, 2020 by

A vehicle is considered to be a total loss when the amount to cover repairs would be greater than the current value of the vehicle. These are often serious accidents that may or may not involve injuries. They can also create complex legal questions that require the expertise of a car accident total loss attorney to avoid being taken advantage of and lose a sizable sum of money.

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Man on phone after accident in car

What Happens If You’re in an Uber Accident and How to Pursue a Rideshare Lawsuit

Posted on April 21, 2020 by

Ridesharing is a popular way to get around New York City and often a safe, convenient, and accessible alternative to driving yourself or owning a car. However, Uber and Lyft rides are not immune to car accidents, which poses serious legal questions for rideshare passengers who are injured while using these services.

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airbag and cracked wind shield after car accident

Who Is at Fault in a T-bone Car Accident and How to Prove Your Case

Posted on March 31, 2020 by

A side collision involving two automobiles is commonly referred to as a T-bone car accident, which is one of the most common types of auto accidents that we see here in Brooklyn. These accidents occur when the front end of one vehicle collides with the side of a second vehicle, and they usually happen at intersections.

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Two-car bumper accident

What to Do After a Car Accident Checklist: Your Guide to Being Prepared on the Road

Posted on February 20, 2020 by

Getting into a car accident is one of the most stressful experiences a person can have, which is why it’s easy to become overwhelmed and panic after you’ve been hit. Chances are that you might not remember all of the helpful information you’ve read in advance about how to handle the situation in a moment of crisis, which is why it is beneficial to have a car accident checklist handy in your vehicle.

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Signing a car insurance contract

How Does Car Insurance Work in an Accident and the Role of the Car Accident Lawyer

Posted on January 7, 2020 by

No one likes to think about being involved in a car accident, but accidents can happen to even the safest and most attentive drivers. According to the New York City Police Department, the number of motor vehicle collisions citywide was at least 16,832 last year, and these collisions involved at least 33,343 motorists. For both minor and major accidents, it is very important to have car insurance to help pay for automobile damage and injuries.

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A gavel and hourglass

Understanding the Statute of Limitations for Car Accident Cases in New York

Posted on December 17, 2019 by

Unlike serious criminal offenses, such as murder, statutes of limitations apply to most types of civil cases in the United States. For example, this is true for car accident cases, although the length of time a victim has to pursue legal action varies among states and jurisdictions.

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Hand pointing at a brain scan.

Your Legal Options After a Traumatic Brain Injury Car Accident

Posted on November 13, 2019 by

Car accidents happen in Brooklyn every single day, but fortunately, only a small percentage of these accidents result in injuries severe enough to be life-changing. No one expects to be involved in a traumatic brain car accident, but it’s important to understand the legal actions available to victims and their family members in the event that such a tragedy ever occurs.

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Car accident on a road

What to Do After a Car Accident When the Other Driver Has No Insurance

Posted on October 30, 2019 by

As a responsible driver yourself, you may naturally assume that everyone else on the road has insurance coverage to handle accidents just like you do. However, the Insurance Research Council reports that about one in eight drivers actually does not have any auto insurance at all.

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