Serving Clients Injured By Intoxicated Drivers In New Jersey
In New Jersey, driving with a blood alcohol content of .08% or higher is illegal and considered to be “driving under the influence.” While a DUI/DWI charge is not a criminal charge, it is considered a traffic violation and still carries substantial penalties including steep fines, loss of license, and jail time even if it is your first offense.
However, an intoxicated driver who causes injury or the death of another driver or pedestrian will face a variety of criminal charges. New Jersey lawmakers understand the danger an intoxicated driver poses not only to themselves, but to other drivers and pedestrians.
While our laws prohibit drunk driving and punish offenders, recovering financial compensation for the victims of a drunk driving accident is not an “automatic” process. In many cases, doing so requires the filing of a personal injury lawsuit against the offender and their insurance provider. A New Jersey personal injury lawsuit against a drunk driver has the potential to recover compensation for medical expenses, lost wages and income, as well as for pain and suffering.
Can I Sue An Intoxicated Driver? Ask A New Jersey Car Accident Injury Attorney
Individuals who consume excessive amounts of alcohol (enough to measure .08% BAC or higher) or use illegal drugs such as marijuana, cocaine, heroin, and certain prescription drugs, are prohibited by law from driving while under their influence. If a driver breaks this law and subsequently injures another driver or a pedestrian, they can be held liable in civil court and they may be forced to reimburse damages through a third-party personal injury claim.
In addition to suing the negligent driver, the injured party may also wish to speak with their New Jersey car accident injury attorney about holding a bar, restaurant, tavern, or social host liable for irresponsibly serving alcohol to the intoxicated driver who caused the accident. This can be accomplished under what is known as the dram shop and social host liability law.
How The Car Accident Injury Recovery Process Works
The goal of any personal injury lawsuit is to recover compensation for the injured party’s medical expenses, lost wages if they are unable to work (either temporarily or permanently), and for their emotional and physical pain and suffering.
In order to be successful, your drunk driving injury lawsuit must prove that the driver who caused the accident acted recklessly or negligently, and that these actions directly lead to the accident and your subsequent injuries.
In the case of an intoxicated driver, proving negligence can be much easier than in many other personal injury cases. Police reports or a DUI/DWI conviction can often be sufficient proof that the driver acted negligently and recklessly by driving while intoxicated. Your Essex County intoxicated driving injury lawyer can help you gather this evidence and use it to secure the compensation you need and deserve for your injuries.
Contact a New Jersey Drunk Driving Injury Attorney Today
At The Law Office of Fredson Statmore Bitterman, our attorneys have more than 50 years of experience helping clients successfully resolve all types of personal injury claims including drunk driving injury claims throughout the state of New Jersey.
Led by a New Jersey Supreme Court Certified Civil Trial Attorney, our personal injury team features members nominated to the Super Lawyers list regarding personal injury law. We are committed to giving each client personal, effective, and compassionate legal counsel. With multi-million dollar verdicts and favorable New Jersey Supreme Court verdicts, our track record of success speaks for itself.
To speak with our personal injury team today in a free and confidential consultation regarding your drunk driving injury claim or a potential dram shop case, please contact us online or through our office.