It is often traumatic to be involved in a car accident, especially one caused by a drunk driver. People who decide to get behind the wheel while intoxicated can cause significant damage, serious injuries, and even death. If you were hit by a drunk driver, you are likely wondering about your ability to recover compensation for your economic and non-economic damages. To learn more about your rights, it’s imperative to understand how New Jersey law handles drunk driving accidents. The following blog and an experienced New Jersey drunk driving accident lawyer can help you get a better understanding of how to proceed if you are navigating the aftermath of a drunk driving accident in Essex County.
Can I Recover Compensation After Being Hit By a Drunk Driver?
Yes, victims of drunk driving accidents have the legal right to pursue compensation through a personal injury claim or lawsuit. When you are involved in an accident caused by another party’s negligence, recklessness, or intentional conduct, you may recover compensation for damages sustained as a result.
In New Jersey, you can sue a drunk driver for injuries and financial losses you suffered as a result of the crash if their intoxication contributed to the collision.
When someone drives while under the influence of alcohol or drugs, they violate New Jersey law. That violation can establish a legal doctrine known as negligence per se.
When Is a Drunk Driver Automatically Considered Negligent?
Under New Jersey Law, a driver may be considered negligent per se when:
- They violate N.J.S.A 39:4-50 (Driving While Intoxicated)
- The law violated was designed to protect the safety of the public
- The violation directly caused the accident
- You suffered direct and measurable damages as a result
This doctrine can help simplify the process of proving fault in court in order for a claim to be successful.
What Is Negligence Per Se?
Negligence per se is a legal doctrine that makes it easier for the victim of an injury to hold the negligent party accountable. If a person violates a law that was designed to protect the safety of others, the violation in and of itself may satisfy the duty and breach elements of a negligence claim.
For example, driving with a blood alcohol concentration (BAC) at or over the legal limit of 0.08% directly violates New Jersey law and is considered unlawful conduct.
What Compensation Is Available After a Drunk Driving Accident?
If you were hit by a drunk driver, it is important to understand the compensation available to you. New Jersey is a no-fault accident state, meaning that every driver must first use their own Personal Injury Protection (PIP) coverage for injury-related expenses. However, you may be able to step outside of the no-fault system and file a DUI claim directly against the drunk driver if you meet the “serious injury” threshold, or if damages exceed policy limits.
Types of Compensation You May Recover
- Medical expenses
- Rehabilitation and physical therapy
- Lost wages
- Reduced earning capacity
- Physical pain and suffering
- Property damage to your vehicle
- Loss of enjoyment of life
- Future medical expenses
- Emotional distress
- Punitive damages in cases involving egregious misconduct
Because drunk driving often invovles reckless and intentional misconduct, these cases generally qualify for enhanced penalties under New Jersey law. The courts will consider prior DUI offenses, high BAC levels, and other aggravating factors when determining punitive damages in a drunk driving injury lawsuit
What Evidence Do You Need to Prove Your Case?
Though drunk driving is illegal in New Jersey, you must still establish that the intoxicated driver is responsible for your injuries. As such, gathering evidence is critical to fighting for the justice and compensation you deserve.
Evidence That Strengthens a Drunk Driving Injury Claim
- Police reports documenting DUI charges
- Breathalyzer or blood test results
- Toxicology reports
- Medical reports
- Accident reconstruction analysis
- Photos and videos of the crash scene
- Witness statements
- Surveillance, traffic, or dashcam footage
Not only can this evidence play an integral role in establishing fault, but it can also help determine the extent of the damages you’ve suffered.
Can You Hold Other Parties Responsible Under New Jersey Dram Shop Laws?
New Jersey is one of many states that has enacted dram shop laws, which allows injured victims to seek compensation from both the drunk driver responsible for the collision and any establishment that has unlawfully served alcohol.
When a Bar or Restaurant May Be Liable
- The establishment served alcohol to someone who was visibly intoxicated
- The vendor served alcohol to someone under the age of 21
- The vendor knew or should have known serving alcohol created unreasonable risk of harm
- The intoxication contributed to the accident
How Long Do You Have to File a Lawsuit After a New Jersey Drunk Driving Accident?
Generally, the statute of limitations, meaning the time you have to pursue legal action against another person, is two years from the date of the accident. As such, if you fail to file your claim within this time, you will be permanently barred from recovering damages.
Contact an Experienced New Jersey Personal Injury Attorney Today
If you were injured in a drunk driving accident in Newark, East Orange, Bloomfield, or anywhere thorugh Essex County and the surrounding communities, it is critical to fully understand your legal rights and options. As such, it is imperative to connect with an experienced attorney at Berliner, Cohen, Accardi, & Grossman, LLC. Our firm will help you fight for the justice and compensation you deserve. Contact us today to learn more.
