Being injured by a drunk driver in New Jersey is a traumatic experience that can leave you feeling overwhelmed and uncertain about the next steps to take. Unfortunately, such incidents are not uncommon; in 2020, New Jersey reported 624 deaths due to motor vehicle-related injuries, with a significant number involving alcohol-impaired drivers. Understanding your rights and the appropriate actions to take is critical for your recovery and pursuit of justice. This comprehensive guide offers a step-by-step approach to navigating the aftermath of such an incident. By following these steps, you can ensure your well-being and hold the responsible parties accountable.

At a time when you need support the most, Brandon J. Broderick, Attorney at Law is here to offer legal help. Read on to learn how to take control of the situation, hold the responsible party accountable, and secure the justice and compensation you need to begin healing.

What Are the First Steps to Take If I’m Injured by a Drunk Driver in New Jersey?

Taking the right steps in the immediate aftermath can protect your health, ensure your rights are preserved, and lay the foundation for pursuing compensation.

Call 911 and Seek Medical Attention

If you’re able, call 911 immediately to report the accident and request emergency medical assistance. Law enforcement will document the scene, assess the situation, and determine if the other driver is under the influence of alcohol. Even if you feel fine, it’s essential to seek medical care as some injuries like concussions or internal bleeding may not present symptoms right away. A medical record of your injuries is also key evidence for any legal claim.

Gather Information and Evidence

While waiting for the authorities to arrive, collect as much information as you can, as long as it’s safe to do so. Take photos or videos of the accident scene, vehicle damage, road conditions, and any visible injuries. Exchange contact, driver’s license, and insurance details with the other driver, but avoid confrontations or discussing fault. If there are witnesses, ask for their names and contact information. The police report, combined with this evidence, will help establish the driver’s intoxication and your right to compensation.

Contact a NJ Personal Injury Lawyer

Once your immediate medical needs are addressed and the accident is reported, it’s time to contact a personal injury attorney experienced in handling drunk driving cases in New Jersey. An attorney can guide you through the claims process, deal with insurance companies, and ensure you receive the full compensation you deserve for medical expenses, lost wages, and pain and suffering. They will also help you understand New Jersey's laws surrounding drunk driving accidents, including deadlines for filing a claim.

By taking these steps, you can protect your rights, prioritize your recovery, and hold the responsible party accountable for their reckless actions.

What Compensation Can I Receive After a Drunk Driving Accident in New Jersey?

If you’ve been injured in a drunk driving accident in New Jersey, you may be entitled to several types of compensation to help you recover physically, emotionally, and financially. New Jersey law allows victims to seek damages that reflect the full impact of the accident, including both economic and non-economic losses. The exact amount will depend on the severity of your injuries and the circumstances surrounding the crash.

Economic Damages

Economic damages compensate for the tangible financial losses caused by the accident. These include:

• Medical Expenses: Current and future medical bills, including hospital stays, surgeries, rehabilitation, medications, and therapy.
• Lost Wages: Income lost due to time missed from work while recovering from your injuries.
• Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or working at full capacity in the future.
• Property Damage: The cost to repair or replace your vehicle and any other personal property damaged in the accident.

Non-Economic Damages

Non-economic damages address the physical and emotional toll of the accident, which can be just as devastating as financial losses. These include:

• Pain and Suffering: Compensation for the physical pain and discomfort caused by your injuries.
• Emotional Distress: Anxiety, depression, PTSD, or other emotional trauma resulting from the accident.
• Loss of Enjoyment of Life: If your injuries limit your ability to engage in hobbies, activities, or daily routines you once enjoyed.
• Loss of Consortium: Compensation for the impact your injuries may have on your relationship with your spouse or family.

Punitive Damages

In some cases, victims may also seek punitive damages, which are designed to punish the drunk driver for their reckless and egregious behavior. While not awarded in every case, punitive damages are more common in drunk driving accidents due to the driver’s clear disregard for the safety of others.

By pursuing these forms of compensation, you can alleviate the financial burden of your injuries and hold the intoxicated driver accountable for their actions. To ensure you receive the full amount you’re entitled to, it’s important to consult a skilled personal injury attorney who can guide you through the process and advocate for your rights.

How Do I Prove the Other Driver Was Intoxicated in a New Jersey Car Accident?

Proving that the other driver was intoxicated in a New Jersey car accident is a critical part of holding them accountable and securing compensation for your injuries. Fortunately, several forms of evidence can demonstrate that the driver was impaired, which is key for your personal injury claim or lawsuit. Working with an experienced attorney can help you gather and present this evidence effectively.

Police Reports and Breathalyzer Results

The most powerful evidence often comes from the official police report. After a car accident, law enforcement will investigate the scene and assess whether the other driver was under the influence. This may include conducting field sobriety tests or using a breathalyzer to measure the driver’s blood alcohol content (BAC). If the BAC is 0.08% or higher, the driver is legally intoxicated in New Jersey. The police report will detail these findings and may include the officer’s observations, such as slurred speech, bloodshot eyes, or the smell of alcohol.

Witness Testimonies

Eyewitnesses can provide valuable accounts of the other driver’s behavior before, during, or after the accident. Witnesses may report seeing the driver swerving, driving erratically, or consuming alcohol at a bar or restaurant beforehand. Their statements can help reinforce the argument that the driver was intoxicated and behaving negligently.

Video Footage and Photos

In today’s world, video evidence is increasingly available. Surveillance cameras, dash cams, or cell phone recordings can capture the driver’s actions at the scene, such as stumbling, slurred speech, or refusing sobriety tests. Additionally, photos of the accident scene can support your case by documenting open alcohol containers in the vehicle or other signs of intoxication.

Arrest Records and DUI Charges

If the driver was arrested for driving under the influence (DUI) or charged with related offenses, this can serve as strong evidence in your case. Criminal proceedings are separate from your personal injury claim, but a DUI conviction or guilty plea can help establish the driver’s fault and negligence in civil court.

Expert Testimony

In some cases, accident reconstruction experts or toxicologists may be brought in to analyze evidence and confirm the role alcohol played in the accident. These professionals can provide insight into the driver’s level of impairment and how it contributed to the crash.

By combining police findings, witness statements, and supporting evidence like video footage or expert analysis, you can prove the other driver was intoxicated and strengthen your claim. Partnering with a skilled personal injury attorney will ensure this evidence is properly collected, presented, and used to help you secure the compensation you deserve.

Understanding New Jersey Social Host Liability Laws

New Jersey’s Social Host Liability Act holds individuals accountable when they serve alcohol to guests who later cause harm due to intoxication. This law is designed to promote responsible alcohol service and prevent injuries caused by impaired individuals, whether in car accidents or other incidents. If you’ve been injured by an intoxicated person, social host liability may provide an additional avenue for pursuing compensation.

What Is Social Host Liability?

In New Jersey, social host liability applies to private individuals such as homeowners who serve alcohol to guests in a non-commercial setting, such as a party. If a social host knowingly provides alcohol to a visibly intoxicated adult or someone under the legal drinking age, and that person causes injury or damage, the host may be held legally responsible for the resulting harm. This liability often arises in cases where the intoxicated person drives under the influence and causes an accident.

Key Elements of Social Host Liability

To establish a social host's liability in New Jersey, the injured party must prove:

• The host served alcohol: The individual must have actively provided or encouraged the consumption of alcohol.
• The guest was visibly intoxicated: Signs of impairment, such as slurred speech, unsteady movement, or erratic behavior, must have been apparent when the alcohol was served.
• The intoxication caused the harm: The injured party must show a direct connection between the guest’s intoxication and the accident or injury.

How Social Host Liability Affects Your Claim

If you’re injured in an accident caused by an intoxicated person, identifying whether a social host contributed to the incident can strengthen your case. Social host liability claims are often filed in conjunction with personal injury claims against the intoxicated individual. An experienced attorney can investigate the circumstances of the incident to determine if social host liability applies and pursue compensation from all responsible parties.

New Jersey’s Social Host Liability laws are an important tool for holding individuals accountable and preventing alcohol-related harm. If you believe social host liability may apply to your case, consult a knowledgeable personal injury attorney to explore your options and ensure your rights are protected.

What Is the Statute of Limitations for Drunk Driving Accidents in New Jersey?

In New Jersey, the statute of limitations for filing a personal injury claim after a drunk driving accident is two years from the date of the accident. This means you have a limited window to take legal action against the at-fault driver to seek compensation for your injuries and damages. Failing to file within this time frame may result in your claim being dismissed, regardless of its merits. It’s important to act quickly to preserve evidence, document your injuries, and build a strong case. Consulting with a personal injury attorney as soon as possible ensures you meet all deadlines and protect your rights.

Injured in a Car Accident Caused by a Drunk Driver? Brandon J. Broderick Fights for Your Justice and Recovery. Call Now for Your Free Legal Consultation

Being injured in a car accident caused by a drunk driver is an unimaginable ordeal. The physical pain, emotional distress, and financial burden can feel like too much to bear. At Brandon J. Broderick, Attorney at Law, we understand the overwhelming challenges you're facing. We want you to know that you are not alone; we are here to support you every step of the way, providing compassionate guidance and experienced legal representation.

Contact us today for a free legal consultation and to take the first step toward justice and peace of mind.