If you were injured by a drunk driver in New Jersey, you have the legal right to pursue compensation through a personal injury claim or lawsuit. Drunk driving is incredibly dangerous, taking the lives of approximately 34 people every day in the United States. Understanding the steps to take in the minutes, hours, and days following a drunk driving accident is imperative in protecting your health and legal options. To learn more and secure knowledgeable representation, work with an experienced Middlesex County drunk driving accident attorney today.
What if I Was Injured by a Drunk Driver in NJ?
If you were injured by a drunk driver, understanding the proper steps to take is crucial in protecting your legal rights. Consider the following.
- If possible, move out of harm’s way and check yourself and others for injuries. Get out of your car or move to the side of the road to avoid any further damage.
- Call 911 to request help from an officer and an ambulance, if necessary.
- Collect information and evidence like photos of the scene of the accident and vehicle damage, witness statements and contact information, the other driver’s personal information, and more.
- Give your statement to the police to ensure it is on the official record.
- Get medically evaluated. Even if you feel fine, it is important to be checked by an EMT or go to the hospital or doctor to check for underlying symptoms or injuries.
- Reach out to a personal injury attorney. Having adequate legal representation is important to ensure your legal rights and options are protected and that you have the best chance at recovering compensation.
With the help of your attorney, you can file a claim or lawsuit against the drunk driver to recover compensation for your damages. New Jersey is a no-fault accident state, meaning that you are required to file a claim with your own PIP (personal injury protection) insurance for compensation for injury-related expenses like medical costs, lost wages, etc. However, if your expenses exceed your policy limit or if you want to recover compensation for property damage, non-economic losses, or other expenses, you can pursue legal action against the negligent driver.
What is Negligence Per Se?
If you were injured by a drunk driver, negligence per se is a legal doctrine that will likely come in handy in your case. Establishing negligence is a crucial part of any auto accident case. Negligence per se simplifies the process by stating that any individual who violates a law created to protect the public or a specific group of people can be deemed automatically liable for damages resulting from their actions.
Because drunk driving laws are designed to protect the general public and road users, when an individual drives under the influence, they can be held automatically responsible for an accident under negligence per se.
For more information and skilled legal advice, contact an attorney at Stathis & Leonardis today.
