Fatal DWI Crash on the Southern State Parkway: What Long Island Families Need to Know About Wrongful Death Claims

You drive the Southern State Parkway almost every day. Maybe it is your commute from Nassau into Queens. Maybe it is the weekend trip out east. You know the bends, the merges, the bottlenecks. You trust the other drivers to stay in their lane.

On the night of Sunday, March 15, 2026, that trust was shattered. An alleged drunk driver crossed the center of the Southern State Parkway in Hempstead, slammed head-on into a Toyota Highlander, and triggered a six-car crash. Two of the people inside that Highlander — Bishop Donald Maxwell, 82, and his wife, Reverend Liscent Maxwell, 88, both of Far Rockaway — were killed. Six others were hurt.

If you have ever wondered what your family can actually do after a fatal DWI crash on a New York highway, this article is for you. We will walk through how New York wrongful death law works, who can be sued in addition to the drunk driver, what a case may be worth, and the deadlines you cannot afford to miss.

What Happened on the Southern State Parkway?

According to CBS News New York and Greater Long Island, a 36-year-old driver from Oceanside crossed the parkway median near Hempstead Avenue and struck the Maxwells' SUV head-on. The chain reaction involved six vehicles. The Maxwells — married for nearly 60 years — died at the scene.

The driver was charged with aggravated vehicular homicide and driving while intoxicated. She pleaded not guilty and was ordered held without bail.

The criminal case will take months, maybe years. But the families of the people who were killed and hurt have their own legal path. It runs separately from the criminal prosecution. It is called a civil case.

Can You Sue a Drunk Driver in a Civil Case in New York?

Yes. In New York, you can sue a drunk driver for the harm they caused, completely apart from any criminal case the District Attorney files. The criminal case punishes the driver. The civil case compensates the victims.

To win a civil case, you do not have to prove the driver was guilty of a crime "beyond a reasonable doubt." You only have to prove it is "more likely than not" that the driver was negligent and caused the harm. That is a much lower bar.

Driving drunk is automatically considered negligent under New York law. It violates Vehicle and Traffic Law § 1192, which makes it illegal to operate a vehicle while intoxicated. Courts routinely treat this as negligence per se — meaning the very act of driving drunk is negligence as a matter of law.

That makes DWI cases different from a typical car crash. You are not fighting over whether the light was red or who had the right of way. The defense is already on its back foot.

Punitive Damages in Drunk Driving Cases

New York courts also allow punitive damages in DWI cases — money damages designed to punish the driver and deter others. Punitive damages are on top of medical bills, lost wages, and pain and suffering. They can be substantial when the drunk driver had prior DWI arrests or drove with extreme indifference to human life.

Who Else Can Be Held Liable? New York's Dram Shop Act

The drunk driver is the first defendant. But they are rarely the only one with money to pay a judgment.

Under New York's General Obligations Law § 11-101 — better known as the Dram Shop Act — you can also sue a bar, restaurant, or any licensed establishment that sold alcohol to someone "actually or apparently intoxicated" or to someone under 21. If that person then drives drunk and hurts or kills someone, the establishment can be held financially responsible.

The New York Court of Appeals confirmed this long-standing rule in Adamy v. Ziriakus, 92 N.Y.2d 396 (1998), which upheld a Dram Shop verdict against a restaurant that kept serving a visibly intoxicated patron who later killed a police officer in a crash.

That matters for Long Island families. Most drivers who get drunk behind the wheel did not drink at home alone. They often came from a bar, a restaurant, a catering hall, or a company event. The bill at those places is usually backed by commercial liability insurance. That insurance can compensate victims in ways the individual driver cannot.

What You Have to Prove in a Dram Shop Case

• The establishment sold or served alcohol to the driver;

• The driver was already visibly intoxicated (or under 21) at the time of service; and

• The drunk driving was a substantial cause of the injury or death.

Proof can come from surveillance video, bar receipts, witness accounts, credit card records, and toxicology reports. An experienced personal injury lawyer will investigate these sources within days of the crash, while the evidence is still fresh.

How Do Wrongful Death Claims Work in New York?

When a drunk driver kills someone, the family brings a wrongful death case. New York wrongful death law is governed by Estates, Powers and Trusts Law § 5-4.1. Here is how it works in plain English.

Who Can Bring the Claim?

Only the "personal representative" of the deceased person's estate can file a wrongful death claim. That is the executor named in the will, or an administrator appointed by the Surrogate's Court if there is no will. A spouse, parent, or adult child usually petitions the Surrogate's Court to be appointed administrator. Once appointed, they can file suit.

What Can the Family Recover?

New York recognizes two separate claims that usually get filed together:

• Wrongful death damages. These compensate the surviving family for their pecuniary loss — the money and services the deceased would have provided. That includes lost income, lost household services, lost parental guidance to minor children, and reasonable funeral expenses. Under EPTL § 5-4.4, these damages get distributed among surviving spouses, children, and parents in proportion to their pecuniary loss.

• Conscious pain and suffering (survival action). If the person did not die instantly, their estate can also recover for the physical pain and mental anguish they experienced between the moment of injury and the moment of death. Even a few minutes of awareness can support this claim.

One frustrating reality: New York does not currently allow recovery for the surviving family's grief or emotional loss from losing a loved one. That puts New York behind many other states. There has been recent legislative push to change this, but as of April 2026, the pecuniary loss rule still controls.

How Long Do You Have to File?

• Wrongful death claim: Two years from the date of death, under EPTL § 5-4.1.

• Conscious pain and suffering claim: Three years from the date of the accident, under CPLR § 214.

• Claim against a government entity (for example, if a state road design or a State Police dram shop contributed): A Notice of Claim within 90 days and a lawsuit within one year and 90 days.

These deadlines are strict. If you need a refresher on how New York handles accident filing deadlines, our guide on how long you have to sue after an accident in New York walks through the rules.

What If the Drunk Driver Has No Insurance — or Not Enough?

This is a common Long Island problem. New York only requires $25,000 per person in bodily injury liability coverage. That amount is almost nothing when someone has died or been catastrophically hurt.

Three sources often fill the gap:

• Uninsured/Underinsured Motorist (UM/UIM) coverage on the victim's own auto policy. If you carry UM/UIM, your own insurer steps into the drunk driver's shoes. Our detailed guide on UM and UIM coverage in New York explains how this works step-by-step.

• The bar or restaurant's Dram Shop insurance, as discussed above.

• An employer's policy, if the drunk driver was driving a company vehicle or acting in the scope of employment.

A good lawyer will chase every available policy. We recently covered a different DUI tragedy in Harlem — the Apollo Theater delivery worker killing — where the same insurance-stacking strategy applies.

What Is a Fatal DWI Case Worth in New York?

Every case is different. But these are the factors that move the number up:

• The age, health, and earning capacity of the deceased;

• The number of people who depended on the deceased financially or for services;

• Conscious pain and suffering before death;

• The drunk driver's prior history (repeat DWI arrests drive punitive damages);

• Whether a Dram Shop defendant is available with commercial insurance;

• The venue (Nassau and Suffolk County juries tend to be more measured than Bronx or Brooklyn juries, but large awards still happen).

Catastrophic Long Island crash cases have produced seven- and eight-figure results when liability is clear and damages are severe.

What Should Long Island Families Do After a Fatal DWI Crash?

The first days matter more than families realize. Here is what we tell every caller:

• Do not give a statement to the at-fault driver's insurance company. They are not on your side. Anything you say can and will be used to lower the payout.

• Preserve evidence. The vehicle, the clothing, any personal items. Do not let anyone scrap the car.

• Request the police accident report. Request any 911 call audio. Request any surveillance footage from businesses near the scene — it often disappears within 30 days.

• Save receipts. Funeral, medical, transportation, everything.

• Petition the Surrogate's Court to be appointed administrator of the estate. You cannot bring a wrongful death claim without this.

• Call a personal injury lawyer before you call the insurance company. The initial consultation is free. A good lawyer funds the investigation, not you.

If you want a fuller checklist, read our step-by-step guide on essential steps to take immediately after a personal injury.

Frequently Asked Questions

Can I sue the drunk driver if they are convicted in criminal court?

Yes. A criminal conviction can make the civil case much easier because some criminal findings are admissible as proof of negligence. The civil suit for compensation goes forward whether or not the driver is convicted, and it uses a lower standard of proof than the criminal case.

What if the bar claims they did not know the driver was drunk?

New York's Dram Shop Act only requires that the driver was visibly intoxicated when served. Slurred speech, stumbling, loud or aggressive behavior, and bloodshot eyes are all enough. Surveillance video and witness testimony often tell the real story.

How long does a wrongful death case take in New York?

Most New York wrongful death cases resolve within 18 months to three years. Cases that go to trial take longer. Cases with clear liability, like a DWI crash, often resolve faster because insurers know they will lose on fault.

How much does a personal injury lawyer cost after a fatal crash?

In New York, personal injury lawyers work on contingency. That means no fee unless the case is won. The standard fee is one-third of the recovery after expenses, and there are no upfront costs to the family.

The Bottom Line

A fatal DWI crash on a New York parkway is a legal case built on multiple layers of responsibility. The drunk driver, the establishment that served them, and every available insurance policy should be investigated. New York law gives grieving families real tools — but the clock is always running, and evidence disappears fast.

If you or someone you know lost a loved one in a DWI crash on the Southern State Parkway, the Long Island Expressway, the Belt Parkway, or anywhere in the five boroughs, the team at Yassi Law PC is ready to help. Call us today at 646-992-2138 for a free, confidential consultation.

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Written by Reza Yassi | LinkedIn

This article is for informational purposes only and does not constitute legal advice. Although I am an attorney, I am not your attorney, and reading this article does not create an attorney-client relationship. Laws vary by jurisdiction and may have changed since the publication of this article. For advice specific to your situation, consult a qualified attorney.