It is often traumatic being involved in a car accident, especially one caused by a drunk driver. People deciding to get behind the wheel while intoxicated can cause significant damage, 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 noneconomic expenses. To learn more about your legal rights and options, set up your free consultation with an experienced New Jersey drunk driving accident lawyer today.
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. Anytime you are involved in an accident caused by another party’s negligence, recklessness, or purposeful behavior, you can potentially recover compensation for damages sustained as a result.
When someone drives while under the influence of alcohol or drugs, they are breaking the law and can be held responsible for the resulting damages under negligence per se. Through this legal theory, you can recover compensation for your losses.
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. Under this doctrine, if a person violates a law that was designed to protect the safety of others, the violation is automatically considered negligent.
For example, driving while intoxicated is outlawed per NJ 39:4-50, which states that no person shall operate a motor vehicle while under the influence of an intoxicating liquor, narcotic, hallucinogenic, habit-producing drug, or with a blood alcohol concentration of 0.08 percent or more. This law was created to protect drivers, pedestrians, and road users from unnecessary harm caused by an intoxicated driver.
When an individual violates this law, they are automatically considered negligent for the damage caused as a result, due to negligence per se. If you can establish that the driver in your case violated New Jersey’s drunk driving law, you can demonstrate negligence and recover compensation.
What Compensation is Available to Me?
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 PIP (Personal Injury Protection) coverage for injury-related expenses. However, if you have non-injury related expenses or if your policy does not cover the total amount of your damages, you can file an insurance claim or lawsuit against the drunk driver.
Regardless of how it is obtained, you can recover the following types of compensation.
- Medical expenses
- Lost wages
- Physical pain and suffering
- Property damage
- Loss of enjoyment of life
- Future medical expenses
- Emotional distress
- Punitive damages
It is important to fully understand your legal rights and options after being involved in an accident. Work with a skilled attorney for legal advice today.
