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 Should I Do Following an Accident With a Drunk Driver?
If you were injured by a drunk driver, understanding the proper steps to take is crucial in protecting your legal rights. As such, immediately after an accident, you should do the following:
Get to Safety
- If possible, get out of your car or move to the side of the road to avoid any further damage
- Check yourself and others for injuries
- Don’t move anyone who may have a neck or back injury
Report the Accident
- Call 911
- Request both a police and medical presence at the scene
- Inform the operator that you believe the other driver may be intoxicated
- Once police arrive, you should provide a statement to ensure it is recorded
Document the Scene
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
Get Prompt Medical Treatment
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. You should follow up with your medical provider, as some injuries, like concussions or whiplash, may not immediately appear.
Contact an Attorney
Immediately after you leave the scene of the accident, before informing your insurance company about the accident, you should contact an experienced Middlesex County drunk driving accident attorney. They can assist you in handling communications, meeting deadlines, and gathering evidence for your claim.
Understanding Your Rights Under NJ’s PIP Insurance System
When you are involved in an accident in NJ, you will file through your own PIP insurance, regardless of who is technically at fault for the collision.
What Is PIP Insurance?
New Jersey is a no-fault accident state, which means that all drivers are required to carry Personal Injury Protection as part of their auto insurance policy. As mentioned, if you are injured in an accident, even one for which you are not liable, you will file through your own insurance first.
Under New Jersey law, all drivers are required to carry the minimum amount on their policy, which is $15,000 per person, per accident.
What Is (and Isn’t) Covered?
PIP insurance typically covers:
- Medical treatment for injuries sustained in the collision
- A portion of your lost wages (depending on your policy type)
- Essential services and funeral benefits (under some policies)
PIP insurance will NOT cover:
- Pain and suffering
- Property damage
- All losses if the damages exceed your policy limits
When Can I File a Claim Against a Negligent Driver?
In the event that your injuries meet certain criteria, such a serious injuries, your damages exceed your PIP policy, or you have non-economic damages like pain and suffering, you are eligible to bring a claim against the negligent driver for compensation for these damages.
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
What Does Negligence Per Se Mean?
Negligence per se generally means 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.
How Does New Jersey Law Help My Claim?
Under New Jersey law, it is illegal for any driver to operate a vehicle with a Blood Alcohol Concentration at or over the legal limit of 0.08%. 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.
As such, if the other driver is over this limit or convicted of DWI, it can be incredibly beneficial evidence for your case.
Can I Sue a Bar or Social Host?
New Jersey is one of many states that has both dram shop and social host liability laws. These serve to hold certain establishments and private hosts responsible when a customer or guest causes an accident after being overserved alcohol.
Understanding New Jersey’s Dram Shop Law
Under NJ Rev Stat § 2A:22A-2, the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act allows victims of a drunk driving accident to sue the establishment under certain circumstances. An establishment can face liability if:
- Someone under the age of 21 is served, OR
- Someone who is visibly intoxicated is served (bloodshot eyes, slurred speech, stumbling)
Understanding Social Host Liability
Similarly, NJ Rev Stat § 2A:15-5.6, like dram shop laws, allows victims of a drunk driver to sue private social hosts. Generally, to bring a valid claim, you must show that:
- The guest was visibly intoxicated in the presence of the host
- The host provided or allowed alcohol
- The guest then caused a motor vehicle collision
Being involved in an accident in Middlesex County can be incredibly upsetting, especially when the driver responsible for your injuries was intoxicated. As such, working with an experienced attorney with Stathis & Leonardis, PLLC, is vital to fight for the compensation you deserve. Our team understands how devastating these matters can be, which is why we are here to represent you. Contact us today to learn more.
