Drunk Driving Accident Attorney in New Jersey

What Are NJ Dram Shop Laws?

In most cases of drunk driving accidents, the person who chose to drive under the influence of alcohol and/or drugs is directly responsible for causing harm to others. However, there are some cases in which the people who served alcohol to the drunk driver could also be held liable for damages.

Known as “dram shop” laws, some states have statutes in place that account for the responsibility of businesses and social hosts in cases of drunk driving. In the state of New Jersey, a bar, restaurant, liquor store, or even a homeowner who held a party the drunk driver attended can be considered partially responsible for an accident if they gave alcohol to someone who was visibly intoxicated or not of legal drinking age who then drove drunk and injured others in a car accident.

Learn more about dram shop liability

What Should You Do After Being Involved in a Drunk Driving Accident?

If you are out with family and friends and you or a loved one is injured in an accident, the drunk driver and others may be held responsible for compensating you for your injuries and property loss.

After an accident, call the police and get medical attention as soon as possible. If you feel you can’t safely drive your vehicle, ask for an ambulance. If your injuries are not that serious, get examined by your local hospital or physician. Prompt medical attention is critical for personal and legal reasons.

You may have so much adrenaline in your system that you can’t feel the pain from your injuries. You could be in a state of shock and not fully aware of what has happened to you. Your safety and health need to be your priority.

The longer you delay in seeing a health care professional, the more likely it is that the insurance company will deny that your injuries are accident-related. It may claim the injuries have been fabricated or are the result of another, unrelated incident.

There are things you can do at the accident scene to help your case, but don’t risk your safety, and don’t interfere with first responders:

• You or another person should use your camera or smartphone to take photos or videos of the accident scene, the damage to the vehicles, injuries to people, and the road conditions.
• If the other driver is conscious, note whether they act intoxicated. Are there any bottles or cans of alcoholic drinks in the other car? Is the other driver going through a sobriety test at the scene? If so, photos or videos could be very helpful.
• Try to get the names of the police officers at the scene so we can follow up.

When at the accident scene, be sure not to say too much about what happened to anyone, even if a police officer is talking to you — give as simple a statement as possible to the officer. Do not expound about what you think happened. You also shouldn’t offer any information that could wind up putting you in a bad situation, such as mentioning you both left the same establishment at the same time. The other driver hit you. They are at fault and should be the focus.

Frequently Asked Questions

How Long Do I Have To File a Drunk Driving Accident Claim in New Jersey?

New Jersey generally gives injured people a limited time to file a lawsuit after an accident. In many drunk driving cases, the time limit is measured in years rather than months, but it can pass more quickly than you expect when you are focused on medical treatment and day-to-day recovery. Because there are some exceptions and special rules for claims involving minors or government entities, it is wise to speak with an attorney promptly so the specific deadlines that apply to your situation can be identified and met.

Do I Have To Testify in Court If I Bring a Claim?

Most drunk driving injury claims are resolved through negotiations with insurance companies rather than a full trial. In some cases, you may give sworn testimony in a deposition, which is a formal interview, even if the case settles later. A small number of matters proceed to a courtroom where a judge or jury hears the evidence. If your case appears likely to go to trial, you will be prepared in advance for what to expect and how the process works.

Can I Bring a Claim If I Was a Passenger in the Drunk Driver’s Vehicle?

Passengers who are injured while riding with a drunk driver may have the right to seek compensation, even if they know the driver had been drinking. Insurance companies sometimes argue that a passenger “assumed the risk” by getting into the car, but that does not automatically prevent a claim. The specific facts, including what you knew and what other options were available, will help determine how New Jersey’s comparative negligence rules apply.

What If the Drunk Driver Was Uninsured or Underinsured?

When the drunk driver does not have enough insurance to cover the full extent of your losses, other sources of recovery may be available. Your own auto policy may include uninsured or underinsured motorist coverage that can apply, and there may be claims against a bar, restaurant, or social host under New Jersey’s dram shop rules. Reviewing all potentially available policies and responsible parties is an important step in making sure you do not leave available compensation on the table.

Will a Criminal Drunk Driving Conviction Automatically Win My Case?

A criminal conviction or guilty plea for driving while intoxicated can be powerful evidence that the other driver acted wrongfully, but it does not automatically result in payment for your injuries. A civil claim still requires proof of the harm you suffered and the value of your damages. Even when the other driver is found guilty in municipal or Superior Court, you must still resolve your claim through insurance negotiations or a separate civil lawsuit.

Contact Our NJ Drunk Driving Accident Lawyers Today

The first time you should talk at length about the accident is with an attorney. Tell us everything that happened, what lane you were in, if you had a green light, and much more. The more you remember about the crash, the stronger your case will be against the at-fault driver.

We protect our clients’ rights to fair compensation for injuries caused by the negligence and willful acts of drunk drivers. We help our clients get the best medical care possible and deal with insurance companies, so our clients won’t have to. We pride ourselves on helping them recover from the accident so they can get their lives back on track.

Medical bills, lost wages, and other damages will start to accumulate over time. Do not delay — call DeZao & DeZao, P.C. today. After you have been hit by a drunk driver, you need to start the process of getting your life back to normal right away. The postponement of necessary actions can greatly hamper your case.

Our New Jersey drunk driver accident attorney can answer your questions. Call (973) 358-6134 or send us a message.